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Scottsdale DUI Lawyers

  1. Lawrence Koplow:

    FREQUENTLY ASKED DUI QUESTIONS

    What are the penalties for an Arizona DUI conviction?

    Arizona has some of the toughest DUI laws in the country. In Arizona, some of the possible consequences for a DUI conviction are: (1) a mandatory jail or prison term; (2) probation or parole; (3) loss of your driver's license; (4) mandatory installation of an ignition interlock device; (5) loss of automobile insurance or SR22 insurance; (6) court-mandated driving school; and (7) fines.

    What should you do if you are an out-of-state visitor and you are arrested for DUI?

    It is extremely common that someone who is visiting Arizona from another state is arrested for DUI. Our firm handles many such cases.  On a clientÕs request, we make every effort to have you appear telephonically with both the court and the Department of Motor Vehicles.

    An Arizona DUI may affect your driving privileges in the state you reside in. Consequenses vary by state. In addition, depending on the court in which your DUI is being prosecuted and the facts of the case, you may be able to resolve your DUI without retuning to Arizona.

    What happens in Arizona if you refuse to take a blood or breath test?

    If you refuse any type of chemical test that would determine your blood-alcohol concentration, your driverÕs license will be taken away for at least one year. Moreover, most officers, after your refusal, will then obtain a search warrant and take your blood.

    If you are asked to take a field sobriety test by a police officer, can you refuse?

    Yes. In Arizona, field sobriety tests (such as eye tests, one-leg stand, walk and turn, finger-to-nose tests, etc.) are voluntary.

    Do you have the right to an attorney before a police officer asks you to take a field sobriety test?

    No. Arizona Courts have ruled that you have no right to counsel until you are placed under arrest. The officer is asking you to perform field sobriety tests in order to gather more evidence against you. In most circumstances, we recommend that you refuse the test and ask to speak with an attorney.

    If a police officer asks me if I have been drinking alcohol, do I have to answer him?

    No. The answer to this question could be used as evidence against you which is the reason the officer is asking the question. You have a right against self-incrimination. We recommend that you politely decline to answer the question and ask for an attorney.

    Can I choose the type of chemical test the officer will perform on me?

    No. You cannot choose which test the officer will perform on you. In Arizona the three most common tests are blood, breath and urine. 

    While you cannot choose the test the officer performs, you may obtain your own independent sample.  Depending on the facts of the case, we will recommend the appropriate type of sample for you to obtain. 

    What is implied consent, and how does it affect me?

    Arizona law provides that any person who operates a motor vehicle and is arrested for an offense related to drinking and driving is presumed to have given consent to a chemical test (blood, breath or urine). Consequently, if you refuse to take a chemical test of the officerÕs choice, the officer may obtain a search warrant and forcibly take your blood.

    Why should I hire an experienced DUI/DWI attorney?

    Arizona DUI law is extremely complicated and has severe consequences. DUI law is commonly referred to as a minefield. An attorney must be competent in the Arizona Rules of "Criminal" Procedure, the Arizona Rules of Evidence, the United States and Arizona Constitutions, and the Arizona Department of Motor Vehicles Rules and Regulations.

    An attorney cannot do anything for you unless he or she has extensive experience in these areas.  Police officers are only human and do commit legal errors.  However, only an experienced DUI attorney will be able to find these errors and use them to help his or her client.

    You should choose an experienced DUI attorney for the same reason you should choose a qualified doctor. If you break your wrist, you go to a doctor that specializes in wrist injuries. When you are charged with a DUI, you should hire a qualified DUI attorney. An experienced Arizona DUI attorney can analyze your case for legal errors and defenses. He or she can have blood samples independently analyzed, look for suppression issues, review calibration / COBRA records of breath machines, find the right expert witnesses for your trial, and assist you with your driverÕs license issues.

  2. Finefrock Law Firm: * DUI / DWI * DUI / DWI .00 BAC - Minors * DUI / DWI .04 BAC - Commercial * DUI / DWI .08 BAC - Regular DUI * DUI / DWI .15 BAC - Extreme DUI * DUI /DWI .20 BAC - Super Extreme * DUI - Drugs * DUI - Impaired while Flying * DUI - Impaired while Boating * Felony / Aggravated DUI - License Issues * Felony / Aggravated DUI - 2 or more DUIs * Felony / Aggravated DUI - Minor in Vehicle
  3. Brown, Jay: # Can I represent myself? What can an attorney do for me? You can represent yourself, but this is rarely done and not recommended. D.U.I. is a very complex area of law with increasingly harsh consequences. There are many complicated procedural, evidentiary, constitutional, sentencing and administrative license issues. An experienced D.U.I. attorney can review the case for defects, suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, negotiate for a lesser charge or reduced sentence, obtain expert witnesses for trial, contest the administrative license suspension or challenge your case in other ways. All cases are different so it's important to see an attorney as soon as possible to assist you with your specific facts and questions. # What are police officers look for when searching for DUI drivers? Police officers are driving and parked near establishments or by events (sporting) that serve alcohol. They look for cars that have a driving pattern based on research conducted by the National Highway Traffic Safety Administration to justify stopping a vehicle for minor traffic infractions, especially when done at night. # If I am stopped by a police officer, what should I say? You are not required to answer incriminating questions such as "I have been drinking." However, you should be polite and ask the police officer why you were stopped. Also, a good answer is that "I would like to talk with a lawyer." Remember if you do answer to be honest as this goes to your creditability and could be very important later in your defense. # When do I have a right to a lawyer? You have a right to speak with a lawyer as soon as practical upon being arrested or before deciding whether to submit to chemical testing as long as it does not unreasonably dely the timing of the alcohol test. # When you are asked by the police officer to take a field sobriety test? It is best to refuse all the field sobriety tests, the portable breath test and immediately ask for a phone call to your lawyer several times: when being questioned, upon being arrested and before deciding whether to submit to any alcohol testing. # The police officer never read me "Miranda" rights Š will my case be dismissed? The police officer is only required to read you the Miranda Warning after he arrests you and asks you incriminating questions. Sometimes, however, they do not and then the consequence is generally that the evidence is generally suppressed and cannot be used. # Do I have any say of which alcohol tests to take? No, in Arizona the police officer gets to decide for you: breath, blood or urine and can also decide that you do one or more tests. If you refuse at any time and for any test sample, you can still lose your driverÕs license. This is why you should ask to speak to a lawyer. # Should I agree to submit to an alcohol test and if I do not what can happen? In Arizona there could be consequences for refusing to submit to a blood, breath or urine test in a twelve-month of your driverÕs license suspension from Motor Vehicle Department and may even occur if you win the DUI case. Additionally, in your DUI case the fact of your refusal can be introduced into evidence of "guilt" in your criminal court case. The decision is one of weighing the likelihood of a high blood-alcohol reading against the consequences for refusing and your individual past driving record. # What is "mouth alcohol?" "Mouth alcohol" refers to the existence of any alcohol around the mouth and can result in falsely high test reading as the breath machine assumes that the breath is only from the lungs. Thus, even a tiny amount of alcohol breathed directly into the machine from the mouth instead of from the lungs can have a significant impact on the alcohol test reading. This mouth alcohol can be caused by belching, burping, hiccupping, or vomiting before taking the alcohol test from any alcoholic beverages still unabsorbed in the stomach. Also, taking a mouth wash containing alcohol (Binaca) or other products also contain alcohol. # The police officer took my driver's license and gave me a pink and yellow copy of an Admin Per Se as a temporary license? In Arizona the law is for the Arizona driverÕs license to be confiscated and sent to the MVD if the breath test result is above the legal limit (0.08%) or if you refuse to blow. CAUTION: See the MVD section as you must request an M.V.D. hearing within 15 days you were served with a suspension notice. Otherwise, your suspension begins automatically after the 15th day passes. Note: Arizona MVD only takes action against out-of-state driverÕs license in regards to your privilege to use your driverÕs license in Arizona. Any action taken on your out-of-state driverÕs license will be one by your issuing home state. # Is jail required if convicted of a DUI? There is mandatory jail time required if you are convicted of any DUI in Arizona. The amount of time is dependant on what type of DUI conviction in involved and the facts in your case. (See Resources Š DUI Penalty Chart). # Some other potential problems you may face from a DUI? Employment - some employers may require that you inform them of any criminal conviction. This is especially true if you drive for your company. Insurance - a suspension or conviction could result in your employer paying higher car insurance rates and the process through MVD also could affect your insurance rates. Licensing boards - a criminal conviction could affect any governmental license you hold. Each board requires their own notification process for certain arrests and criminal conviction that need to be followed to avoid or limit any suspension or potential loss of your license.
  4. Weintraub & Weintraub: It is unlawful for a person to drive or be in actual physical control of a vehicle while under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.
  5. Wolf & Associates: The Extreme DUI charge is the same as the DWI charge except it requires the B.A.C. to be .15% or greater 'at the time of driving' (.18% prior to April 4, 2001). The minimum punishment for a first offense Extreme DUI is nine days more jail time than a regular DUI or DWI assuming successful completion of substance abuse counseling.
  6. Robert Dodell: DUI is shorthand for "Driving Under the Influence." The are basically three types in Arizona. 1. It is unlawful if one drives or is in actual physical control of a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired. ARS 28-1381A1. 2. It is unlawful if one drives or is in actual physical control of a motor vehicle with an alcohol concentration of .08 percent or more within two hours of driving. ARS 28-1381A2. 3. It is unlawful if one drives or is in actual physical control of a motor vehicle with an alcohol concentration of .15 percent or more within two hours of driving. ARS 28-1382 (An "Extreme DUI"). One can be charged with multiple offenses.
  7. Iacovino and Kayler: When you hire a lawyer, you need experienced, knowledgeable representation.  But you also need an attorney who listens to what you have to say and who knows how to deal with the attorney on the other side.
  8. Maasen & Associates: The DUI charge, by itself, does not require a breath reading. It deals with suspicion of driving while under the influence, according to the manner of driving, physical and mental symptoms of impairment, or verbal admissions. The DWI charge does not require that the accused have a BAC of .10% or greater "at the time of driving". Many defendants plead guilty if their breath or blood test is above a .10% (.08% if after 8/01 or .15% if Extreme DWI). The ordinary citizen does not realize the test results only show their BAC at the time they were tested and NOT at the time they were actually behind the wheel. As it will be explained in the "Possible Defenses" section of this brochure, there is a way to mathematically calculate what your true BAC level was "at the time of driving". This math formula is known as a "retrograde extrapolation". If your BAC is found to be below a .10% (.08% if after 8/01 or .15% if Extreme DWI) "at the time of driving", this is a possible defense. The Extreme DWI charge is the same as the DWI charge except it requires the BAC to be .15% or greater "at the time of driving". The punishment for Extreme DWI is 10 times more jail time than a regular DUI or DWI.
  9. Griffeth Law Offices: You can be charged with a DUI (driving under the influence of alcohol) as either a misdemeanor or a felony, depending on many factors such as having prior DUI convictions, license suspension, and/or having children in your vehicle, etc. If you are under 21, you can be charged with minor in possession of alcohol or minor consumption. If you are arrested for a DUI, you not only face court punishment; such as fines, jail time, etc.; as well as your driving privileges are subject to suspension or revocation. In addition, if convicted, your insurance rates increase dramatically and sometimes your insurance company will drop you and you may be required to obtain a SR22 insurance bond in order to obtain insurance.
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