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DUI checkpoints are vital in any state for catching possible drunk drivers, and keeping them off the road. But drivers in certain states are catching on to a new trend: the FairDUI flyer. The purpose of this flyer is so drivers assert their rights at DUI checkpoints and won’t have to be questioned if there is no reasonable cause to. However, while this may work for certain states, it’s already been a source of controversy for news outlets and law enforcement in Arizona.
FairDUI is a paper flyer that you can print out on fairdui.org that contains a list of statements. It reads:
“I remain silent. No searches. I want my lawyer.”
Further statements are defined underneath these three big ones, and instructions are printed on the back. You can see the flyer in it’s entirety here: http://fairdui.org/flyer/. Users hold the flyer and their driver’s license up to the driver’s side window, to be displayed clearly for officers to see. On the website, the creators detailed that the purpose of the flyer is for sober drivers who may be accused of a DUI, or for “liberty activists.” They clearly state that “The flyer is NOT intended for drunks. Drunks don’t follow instructions and that makes things worse.” (You can read more information here.)
A few drivers across the country have recorded themselves using this FairDUI flyer in various states with mixed results. Some are waved through the checkpoint without incident, while others have been questioned by officers.
A recent news article from CBS5AZ.com highlighted how the flyer has been successful for drivers in certain states. But they warn that drivers in Arizona shouldn’t try it. They interviewed Phoenix Police Sgt. Vince Lewis, who claimed, “The laws are different here…They are stated specifically that drivers will comply with officers when officers have reasonable suspicion to stop them.” He went on to tell CBS 5 news that “…someone legally pulled over who tries the flyer tactic likely would not get a positive response from police.”
DUI checkpoints do exist in Arizona, and this flyer tactic is fairly new. If you attempt to use this flyer when you’re pulled over for suspected DUI, and are still arrested on suspicion of DUI, contact us at Weingart Law Firm right away. We’ll work hard to protect your rights and challenge the evidence.
Remember that you have the right to refuse a field sobriety test. You have the right to speak with an attorney before taking any sort of chemical or sobriety test. They can be unreliable and fought in court by our experienced DUI attorneys.
Have you attempted to use the FairDUI Flyer and have not been successful? Contact us right away at Weingart Law Firm and we’ll protect your rights in Arizona. We serve residents of Phoenix, Tempe, Scottsdale, AZ and surrounding areas. Our experienced attorneys are ready to assist you, so contact us today for a free case consultation at our offices.