Arizona DUI

Fair DUI Flyer-Arizona-front

Arizona is another good state for the Fair DUI flyer. You are only required to show your license to police, not to surrender it. And you are not required to sign tickets. So there’s no good reason for you to have to open your window.

Arizona does allow DUI checkpoints. The flyer is useful both in checkpoints and in regular traffic stops.

Please be careful when you read this or other websites about how to handle things. We always recommend talking to a local lawyer.

One website we saw said that you have to step out of the vehicle if the officer “asks” you to. We disagree. You are only required to do so (or do anything else) if the officer orders you to do so.

Fair DUI Flyer-Arizona-back

PDF version of the flyer is below:

Fair DUI Flyer-Arizona

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18 thoughts on “Arizona DUI

  1. Rl

    This is going to get people in trouble. You aren’t required to step out of your vehicle if the officers asks you to but you are if they order you to? Come on this is just a play on words. So when the officer asks and you refuses then you agitated him and he orders you to. This doesn’t seem too smart to me. I found this website on 3tv news, they have addressed some of the incorrect information that this website is giving. You don’t have to sign a ticket? You are correct but they potentially can take you to jail if you dont. This website and these flyers are just misleading and will get people in trouble. Arizona barely does DUI checkpoints but when they do it’s highly effective. I would love to see one of those youtube videos of refusal posted from Arizona. Good luck with trying to fight a process that’s trying to save lives.

    Reply
    1. AzJosh

      Arizona uses more checkpoints then any state for duis you idiot. The only state to build dui only prisons as far as I know. Highest rate of dui arrests in the country right here in good ol az. Retarded govt leach. Damn near once a month in some places.

      Reply
    2. AZ Rioter

      Wrong. I’ve gotten 2 tickets, beat both, and because it was a CITATION, I signed neither. One was 10 over, another 15. Beat both because they roughly around 11/12 oclock at night and I was the only car on the road. AZ is a state that allows lots of leniency when it comes to stuff like this. Also, you don’t have to get out of the car, he can certainly order you, but anything else, searches ETC would be illegal. Using my rights, isn’t suspicious, it’s something EVERYONE should do. I don’t have to make it easy on the cops.

      Reply
  2. Parker West

    You wrote: Arizona barely uses DUI checkpoints and when they do it’s highly effective.
    –I would appreciate it if you might provide some documentation for your outrageous statement. Arizona use the checkpoints with every holiday that might result in having increased traffic on the state’s highways. Local county’s such as Maricopa set up such checkpoints on many weekends, with a headquarters located in a strip mall parking lot at Southern and Country Club in Mesa. As to effectiveness while snarling traffic at a time when there is an Increse on state roads, the sheer numbers of officers and prowlers just sitting, rather than driving on the roads to moniteering traffic, speeders, unsafe drivers and those who are under the influence is all too high. All too pften, such checkpoints have been placed in the 17 north of Phoenix causing 1-4 mile traffic jams, turning the freewaty into a parking lot. The last news report I read had a total or 22 citations written as a result of a three day holiday checkpoint. That may come out to one violation for every 3-4 officers tied up in the activity. Hardly effective or efficient compared with patrolling with the traffic flow. Let’s not forget the massive amount of overtime paid for extras shifts that made this waste possible. Clearly, the reason one must protect themselves is way over your head. Giving an officer any reason to justify further investigating you and your vehicle based on overreach and abuse of such statutes that permit acting on suspicion of criminal activity, by rolling down your window and just speaking certainly justifys not doing so. If cops were fair and honest there would be nothing to worry about, but everyday we discovery more reasons to conclude that they are not. We have a constitution to protect ourselves against police abuse, however it’s far too easy to let a cop talk you out of standing up for yourself and being protected by this constitution. That sums up your attitude, you are either a cop, or an police apologist, or a citizen who has had that protection beaten out of you.

    Reply
    1. Rl

      I love it how you only address the effectiveness of DUI checkpoints from my comments. You neglected the more important ones of the false/misleading information given. I would love to see documentation on your outrageous statement. To me, a low frequency of checkpoints is being on holidays and some weekends. Obviously they would want exposure on the busy times when there is a lot of traffic. If you don’t like the traffic then walk or take public transportation. Better yet, roll the damn window down and stop holding up traffic with you antics. Regardless, who cares about traffic, that was not the topic of conversation. What your numbers about overtime, man hours and citations do is defer the fact that these checkpoints have proven to be effective. I would hope that with the knowledge that checkpoints are common on holidays and some weekends that more people would think twice about drinking and driving. Here is a crazy thought… wouldn’t it be nice if there were 0 (zero) citations and DUI arrests? Could it be possible that it would be an indication that the checkpoints are working? Your rationale seems to be that effectiveness is measured on the quantity of people caught. So you want more people drinking and driving through checkpoints? Or maybe you want to encourage police to issue more citations (quota) to show the effectiveness. That doesn’t make any sense. Did you know that for the past 3 years on the major DUI checkpoint holidays (memorial day, new years, labor day, etc) DUI arrests have gone down? Not only have the arrests gone down but so has accidents involving DUI. It sounds like something is working.
      Your last statement trying to implicate you know who I am is just the typical defense mechanism and shows your ignorance. No I am not a cop. I am actually someone that lost a friend to DUI. I sure as hell wish that there was a checkpoint where he was driving and I certainly wouldn’t have wanted him to find a way to sneak through it while drunk. How ironic would it be if your family member got killed from a drunk driver that took this advise and was able to get through a checkpoint. But hey, at least there was less traffic, right?

      Reply
      1. wredlich Post author

        Why is it that MADD lovers are always rooting to see more people die?

        No, checkpoints are not effective. Of course government and MADD claim they are. They’re biased.

        Our approach to checkpoints does not hold up traffic. It’s quicker. Cops just wave us on.

        Reply
  3. Mikel Queen

    http://www.azcentral.com/…/police-fair-dui-flyer-…/28749203/

    Police: ‘Fair DUI’ flier could escalate traffic stops

    Sarah Jarvis, The Arizona Republic | azcentral.com 10:34 p.m. MST June 10, 2015

    The Phoenix Police Department is warning drivers that they are obligated to comply with officers who pull them over in response to a website that is encouraging motorists suspected of DUI to stay silent and keep their windows rolled up during traffic stops.

    FairDUI.com offers printable, state-specific fliers outlining the rights of motorists when stopped by law enforcement. The website encourages drivers to, instead of talking to police, hold up the flier and display — but not turn over — any identifying information.

    The fliers and website were created by defense lawyer Warren Redlich, a Florida State Bar member and author of the book “Fair DUI: Stay safe and sane in a world gone MADD.” He’s created fliers for Arizona and 26 other states.

    “Although DUI laws used to be a genuine effort to get drunks off the road, they have become a sneaky and disastrous effort to reinstate alcohol prohibition,” Redlich wrote in the book. “We’re all suspects whenever we drive a car, especially after 8 p.m. on a Friday or Saturday night and well into the morning of the next day.”

    A note at the bottom of each flier says it is “safer to comply” with officers’ orders if they are clearly stated.

    The Arizona laws Redlich cites on the flier say drivers must “provide” identification during traffic stops, but the laws don’t clarify whether any document must be physically handed over to law enforcement.

    Sgt. Vince Lewis, a Phoenix police spokesman, said Tuesday that drivers may be arrested if they do not “provide” — he didn’t clarify what that means, either — licenses or other forms of identification to officers during traffic stops. Such stops stem from reasonable suspicion, meaning drivers have been lawfully detained, Lewis said.

    “Drivers should understand that officers are going to conduct their investigation,” Lewis said.

    Phoenix Police Department warned drivers about using the fliers in a post on Facebook.

    “The Internet is full of all sorts of legal information and tips, some of which don’t always apply here in Arizona,” according to the post.

    Mark DuBiel, a local DUI defense attorney, said if a police officer asks a driver to hand over their license, they should. Arizonans who use the fliers as instructed, DuBiel said, can face criminal charges and risk turning police officers into antagonists.

    “Why do you want to turn (traffic stops) into a 15-minute fiasco when it could be a 2-minute situation?” he said.

    He conceded the Arizona statute about displaying a license at a traffic stop is poorly written and creates a potential gray area, but he doesn’t think most judges in Maricopa County would interpret “provide” to mean “to show.”

    Drivers who have not been arrested have the right to refuse a sobriety test and decline to answer questions about where they’ve been, DuBiel said. But he said it is not practical to refuse handing over a license.

    “We want officers to be able to do their jobs on a daily basis,” he said.

    Reply
  4. Mikel Queen

    This is 100% bullsh*t from Scottsdale DUI Attorney Craig Rosenstein.

    “… The officer will approach the
    vehicle and you are obligated
    to talk to the officer,”
    Rosenstein said.

    The 5th and 6th Amendments say you don’t have to talk to the police and have a right to refuse to answer ALL police questions.

    You are required to give the cops your driver’s license, registration and proof of insurances because the courts have made the BS ruling that driving is not a right, but a privilege.

    But still just because driving is a privilege doesn’t mean the 4th Amendment against searches has been flushed down the toilet nor does that mean your 5th and 6th Amendment rights to refuse to answer police questions have been flushed down the toilet.

    I also think that Phoenix police Sgt. Vince Lewis is full of sh*t. Last time I checked the 4th, 5th and 6th Amendment were still valid in Arizona.

    “The laws are different here,”
    Phoenix police Sgt. Vince Lewis
    said.

    But of course sadly, most police thugs like Phoenix police Sgt. Vince Lewis seem to think the Bill of Rights is null and void around anybody with a gun and a badge.

    For those of you who are not familiar with the 6th Amendment it says you can demand a lawyer before talking to the police.

    http://www.kpho.com/…/attorney-dui-checkpoint-tactics-wont-…

    Attorney: DUI checkpoint tactics won’t work in Arizona

    Posted: Jun 02, 2015 8:40 PM
    Updated: Jun 03, 2015 6:13 AM

    By Greg Argos

    Dozens of online videos appear to show drivers using a specific flier to avoid talking to police during a DUI checkpoint stop.

    “We are approaching a DUI checkpoint,” said one driver in a video.

    “We are testing the Fair DUI Flyer,” he continued.

    The fliers are from FairDUI.org, a website whose authors believe DUI checkpoints are illegal.

    The site allows users to print one of 12 different state-specific fliers, which read in part, “I remain silent. No searches. I want my lawyer.:

    Users are told to place the flier up to the window with a driver’s license, and not to interact with police. Most of the videos show officers waving drivers by after reading the flier, but none of those videos are from Arizona.

    “Obviously, it’s working for people in Florida and good for them. Have at it. In Arizona, if you tried any of this, they’d be pulling you out of your car,” Scottsdale DUI Attorney Craig Rosenstein said.

    Rosenstein says Arizona doesn’t often have DUI checkpoints. Rather, officers conduct what are called “saturation patrols.”

    “So people get pulled over for nondescript civil violations, such as speeding, not turning into the correct lane or mechanical defects. The officer will approach the vehicle and you are obligated to talk to the officer,” Rosenstein said.

    “The laws are different here,” Phoenix police Sgt. Vince Lewis said.

    “They are stated specifically that drivers will comply with officers when officers have reasonable suspicion to stop them,” he said.

    Lewis said someone legally pulled over who tries the flier tactic likely would not get a positive response from police.

    “Whether or not we’re going to start breaking in windows and dragging people out, there is a lot that will happen before that point,” he said.

    Rosenstein said a person only has to provide their name, proof of insurance and vehicle registration when stopped by police.

    Copyright 2015 KPHO/KTVK (KPHO Broadcasting Corporation). All rights reserved.

    Reply
    1. Bob Bob

      I just want to say I had a cop pull me over (in mesa) saying my license plate light was out. After he was done checking everything and clearing me to go he told me that it wasn’t really out he just wanted to make sure we weren’t “hooligans causing trouble”. I was with 2 buddies on our way back home from 4 wheeling. Cops really do make up bull shit just to pull you over.

      Reply
  5. Mikel Queen

    F*ck those morons at the Arizona Republic

    http://www.azcentral.com/story/opinion/editorial/2015/06/11/keep-those-stupid-dui-signs-in-florida/71095966/

    Keep those stupid DUI signs in Florida

    Editorial board, The Republic | azcentral.com 5:07 p.m. MST June 11, 2015

    Our View: A state tortured by deaths from wrong-way DUI drivers on freeways doesn’t need new ways to dodge the law.

    Prosecutor, to judge: “Your honor, the defendant’s behavior goes to motive: Why on Earth would anyone who wasn’t stupid-drunk hold up a sign against his driver-side window that says, ‘Remain silent; no searches; want my lawyer’?”

    “Is the court to presume the defendant simply had had too much garlic on his rigatoni?”

    We really can’t guess how the courts would react to a defendant in a DUI case who refused a police officer’s request to hand over ID. But we do know that a Florida lawyer, Warren Redlich, is recklessly offering bad legal advice to drivers suspected of driving under the influence.

    Through a web site called “FairDUI.com,” Redlich tells readers to print out flyers that they can hold up against the driver’s side window in the event police stop them. He advises against rolling down the window, “providing” identification only by holding it against the window for the officer to read.

    “Although DUI laws used to be a genuine effort to get drunks off the road, they have become a sneaky and disastrous effort to reinstate alcohol prohibition,” Redlich wrote.

    The Internet is full of unsolicited advice. Much is worth what you pay for it.

    Redlich’s “advice” easily could escalate a difficult situation into a tense stand-off. Cooperation works much better, thank you.

    Even Redlich admits that “if the officer clearly states an order” — like, oh, “please roll down your window” — “it is safer to comply.”

    Still, the Arizona law regarding “providing” an officer an officer with ID is vague. It could do with a bit more specificity, especially since we now can envision drivers holding up Redlich’s clever signs during traffic stops.

    The law says “don’t drink and drive.” It is not a secret conspiracy to outlaw alcohol consumption. It is an effort to keep the awful mayhem caused by drunken drivers to a minimum. Drivers should ignore Redlich’s advice — or, better yet, don’t get behind the wheel when you’ve had too many.

    Reply
  6. STONE SOBER

    After reading the pro’s and con’s of this “FAIR DUI” Movement Flyer, the conclusions are simple:

    1). Our Constitutional Rights CLEARLY indicate our RIGHT to post this flyer, and for cops to respect it

    2). Our most recent U.S. Supreme Court rulings CLEARLY favor the Police Discretion Policy.

    3). Our Judges CLEARLY grant “benefit of the doubt” to cops

    4). Our defense attorneys CLEARLY want $2,500 on up, to defend and show good cause for a dismissal of the DUI charges, and will win if they can give the judge a Constitutional precedent for the decision.

    5). The Law “applicators” CLEARLY want CYA (Cover Your Ass) outcomes

    6). An impaired driver CLEARLY needs all of the law’s technicalities when applicable

    7). Not all impaired drivers are drunk, or high on drugs, (because certain health & well being conditions are factors that contribute to DUI conclusions) therefore, drivers CLEARLY need every weapon at their disposal. when their freedom is at stake.

    8). Law enforcement CLEARLY makes mistakes and leaves the mess for the lawyers to vet out.

    9). Juries CLEARLY don’t want to serve, and the quickest way out is a GUILTY verdict.

    10). Americans should then CLEARLY be grateful for any effort to balance out the system, that is CLEARLY stacked against us !

    Judge for yourself, (after reading COMMENTS sections, as well… and act in accordance with ALL of the information here) – because “on that day” it’s just YOUR a** on the line, and no one cares what happens to it !

    p.s. DON’T DRINK & DRIVE / SMOKE POT / TAKE PILLS or other DRUGS, and this will not be necessary for you, but – it doesn’t hurt to know your rights, because laws are based on technicalities, and lawyers & others post these in the COMMENTS section, etc,.

    Reply
    1. wredlich Post author

      You miss one key fact. Police sometimes arrest innocent people and sometimes those people plead guilty because the system is unfair.

      Reply
  7. Boozer

    Some of the dumbest advice I have ever seen. Figures this nonsense was created by a Florida attorney….lol….Floriduh!!!!

    Reply
  8. Rl

    And it’s a bad thing that we have so many DUI arrests for what reason? Are these people advocating that you drink and drive or that it’s OK for people not to get caught. That sure is the way it seems. I have been driving in the Valley for the past 10 years and I have only encountered a checkpoint 1 time and it was on a 4th of July weekend. I have a better recommendation for all these people. Instead of figuring out how not to get caught how about you just don’t drink and drive!

    Reply
    1. John

      I was stopped a few years ago late @ nite & questioned the officer why, he got upset. He then called other cops, one was a Sargent and also another was a canine cop. They got real nasty when I questioned them and did a breath test on me. I had some wine, two glasses, about 6 hrs prior and told them that. BIG MISTAKE!!! They arrested me and took me to jail. I had passed the breath test and the blood test. The cop said he did not care he could arrest me on the suspicion only. They released me in the morning, I got my lawyer went to court and the judge threw the charge out. The judge said he was upset, and I should never have been given the ticket. They wasted my time & inconvenienced me just because I questioned them and said they should be out catching real criminals and people who commit rape, that really got them upset. My advice, just keep your mouth shut ! COPS CAN BE REAL BAD !!

      Reply

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