Bullhead City DUI Lawyers
- Sondgeroth, Kenneth:
Drunk Driving
If you have been arrested for drunk driving, you need a qualified and experienced attorney in your corner to make sure your rights are protected.
Even more than that, you need someone with a thorough knowledge of the complexities of DUI law in Mohave County, AZ to fight for you.
- Labuda, William: Driving Under the Influence (DUI): It is often said that the typical “law abiding citizen” is more likely to find themselves charged with DUI than with any other offense. No DUI case is “simple”. There are more aspects to DUI law than many other more serious offenses. Driver’s license suspension issues are closely related to DUI charges. For many Arizona residents and visitors, an arrest for driving or boating while under the influence represents their first introduction to the criminal justice system. Recent legislation in Arizona has created some of the harshest and most punitive DUI statutes in country, and yet, Mohave County remains directed toward a policy of even stricter intolerance. To assist DUI prosecutions, recent changes were made in the Rules of Evidence by which the State is no longer required to call the officer who runs the calibration tests to trial, rather, the reports are admissible to show the Intoxilyzer was working properly. Unlike in neighboring states, city attorneys and prosecutors in Mohave County do not dismiss DUI cases, or offer reduced pleas of "reckless" or "wet/reckless" except where the state's evidence is shown to be prohibitively lacking. Penalties even for first time offenders are formidable. Second and third offenses occurring within the past 7 years carry even greater penalties. A conviction for a DUI or OUI always requires a mandatory a period of incarceration, if not previously satisfied prior to conviction. Although it is highly unlikely that first-time, non-extreme, non-aggravated offenders will be sentenced to the statutory maximum six months in jail, it is common for even first-time convictions to be assessed the maximum fines and assessments permitted by law, in addition to jail recovery costs, enrollment and tuition for a state approved alcohol therapy program, installation charges for interlock devices (if required), and possible towing and/or vehicle storage fees. Also, insurance carriers generally require drivers convicted of a DUI to carry SR-22 insurance. To avoid an otherwise immanent DUI conviction, it is essential to have a legal professional closely examine all aspects of the detainment, investigation and arrest so that it can be ascertained whether a technical defense can be established. Errors, procedural omissions and factual inconsistencies are sometimes uncovered through officer interviews or maintenance records inspections; these legal technicalities can in some cases call elements of the state's case into question or even prevent the evidence from being considered. Field Sobriety tests (FST's) should never be performed, but in the event the accused did not refuse the officers "request" to perform these "coordination tests", the officers testimony and his reports must be examined and questioned. In some instances, expert witnesses may be needed to provide critical elements of a defense. In short, defendants hoping to avoid a DUI conviction (by plea or otherwise) in Mohave County must develop a strategic and technical defense by a thorough examination of each aspect of the DUI investigation and an expert evaluation of the factual evidence. Driver’s License Issues: Many times a driver’s license suspension is associated with a DUI charge. An officer will confiscate a person’s license if it is alleged he provided a breath sample that tested at an .08 or above, or if the person is alleged to have refused to take an approved test. The driver may challenge this license suspension by demanding from the Department of Highway Safety & Motor Vehicles (DHSMV) an “administrative review” of the license suspension. If the driver prevails, the driver’s license will be returned. There are numerous other drivers license issues which may arise, including suspensions for too many points, drug convictions, etc. Within 14 days after the arrest, the defendant may request an administrative review hearing with the department of motor vehicles. The request must be in writing and must request an administrative review hearing, NOT a summary review hearing. The hearing is procedurally informal and the scope limited focus of the hearing is to ascertain whether the officer had probable cause to make the stop and charge the defendant with driving while impaired.
- Rideout Law: * dui, felony, misdeanor, warrant, criminal case, orders of protection, probation, drug, drugs, drug chargesDUI/OUI * Felony Charges * Drug Charges * Misdemeanors * Traffic Violations * Probation Violations * Orders of Protection * Failure to Appear * Warrants * Injunctions Against Harassment * Arizona Federal Criminal Cases
- Wolfson Law Center: There are basically three drunk driving crimes in Arizona. First, it is a crime in Arizona to operate or be in physical control of a motor vehicle [including water craft] while under the influence of alcohol or drugs [even drugs prescribed by a doctor]. It is not required that you be proven to be actually "drunk" to be convicted. "Under the influence" means that the suspect was impaired in the slightest degree". The focus of this offense is whether at the time of operation or actual physical control of the vehicle was the operator impaired.
- Knochel, Keith: DUI tips and penalties. Intoxicated is defined in two ways: First, a person is intoxicated when he drives and, when, through the use of an alcoholic beverage, drug, controlled substance, or any combination thereof, has lost the normal use of their faculties and is impaired to the slightest degree. Second, a person is intoxicated when he drives and has an alcohol concentration of .08 or more in his body. If the alcohol concentration is above .18, there are enhanced or aggravated penalties. If you've been pulled over for alleged drunk driving, you are likely facing two separate proceedings: a Department of Motor Vehicles (DMV) hearing about your driver's license and a criminal trial for the crime of DUI (also known as DWI). The related charge of OUI (operating under the influence) is often brought against people alleged to have been boating while using alcohol or drugs. This can have similar consequences to DUI, and we handle many OUI cases. One big concern for many people is how a DUI or OUI conviction will affect their employment. If you are convicted, we will work to get you a restricted license so you can drive to work, and if you are sentenced to jail time, we will pursue a work release or a weekend sentence.
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