Scottsdale DUI Lawyers
- Owens & Perkins: # What's a BAC and why is it important? Your BAC (Blood Alcohol Content) is evidence of how impaired you were at the time you were driving (or in "actual physical control" of the vehicle). Even if your BAC is less than 0.08, you can still receive a DUI if the police officer believes you are impaired to the slightest degree. If your BAC is 0.08-0.14 within two hours of driving, you will be charged with a DUI. If your BAC is greater than 0.15 within two hours of driving, you will probably be charged with extreme DUI which, if you are convicted, results in more severe penalties. If your BAC is 0.20 or higher, you will probably be charged with super-extreme DUI and you will face even harsher penalties. ... confirm whether the BAC equipment used was properly calibrated and whether the officer giving the BAC test was adequately trained. All of these factors have an impact on the outcome of your case. Back To Top # What does "actual physical control of a motor vehicle" mean? The State can charge you with DUI if you are sitting in the driver's seat and the car is running, whether or not it is moving. If you are able to reach the steering wheel and control the pedals, you will probably be charged with "actual physical control." Whether you were in actual physical control is a question of fact best answered by an Attorney. Back To Top # Do I have to answer any questions when I'm stopped? You are not required to answer any questions. You always have the option to request the advice of an Attorney and remain silent; but if you have already answered any questions, your answers can be used by the prosecution, as well as by your Attorney. Back To Top # What questions can an officer ask me when I'm stopped? You may be asked: * The current status of your driver's license * Whether you are ill or hurt * Whether you have taken any medication within the last 24 hours * When and where you last ate * How much sleep you have had * How long you were driving before being stopped * Where you were coming from and going to * What and how much you have had to drink, and when * Other questions about your drinking, and your estimate of your ability to drive Back To Top # What if I refused to give a blood, breath, or urine sample when I was # stopped? If you refused, you may be subject to additional penalties from the Department of Motor Vehicles. You should consult an Attorney to assist you in addressing and minimizing these additional consequences. Your Attorney may engage an expert to review any information you have given to make a determination as to your actual blood alcohol content at the time you were operating the motor vehicle, which can result in a strong defense for your case. Back To Top # What are FSTs and HGNs? FSTs are Field Sobriety Tests. They include various coordination tests (standing on one foot and balancing, reciting the alphabet, walking and turning in a straight line). Horizontal Gaze Nistagmus (HGN) is a test requiring you to follow an object with your eyes from side to side without turning your head. Back To Top # Can I be charged with DUI if the officer stopped me but did not give # me a citation other than the DUI charges? Yes. Usually a DUI arrest arises out of a traffic violation (speeding, running a stop sign, illegal turns, or even a broken taillight), but officers can stop vehicles for other reasons. The Courts do require, however, that the officer have a "particular suspicion" that you were engaged in criminal activity. Officers cannot stop you based on a hunch. The question of whether the officer had the required particular suspicion is best addressed by your Attorney. Back To Top # Can I be charged with DUI even if I'm on private property? Yes, you can be charged with DUI whether you are on the highway, on a street, or on private property. All that is required is that you be in actual physical control of a motor vehicle while impaired. Back To Top # If the officer didn't read me my rights, will my case be dismissed? Even if the officer fails to read you your Miranda rights, the case will not be automatically dismissed. Your Attorney may be able, however, to suppress any statements you made following your arrest. Back To Top # If I intend to plead guilty, will I still need an Attorney? An experienced DUI Defense Attorney may be able to help minimize your legal consequences, even if you decide to enter a guilty plea. Your criminal defense Attorney is there to provide you with a balance of power between yourself and the prosecution. ... protect your Constitutional rights.
- Snader, Howard: In Arizona, an arrest for DUI may occur in several different ways and may be prosecuted as a misdemeanor or a felony. Furthermore, a DUI charge results in two legal matters: the criminal DUI charge and an administrative proceeding which could result in the loss of your driving privileges. If convicted of DUI under Arizona law, you face jail time, a fine, and counseling, and the suspension of your drivers license. Even if a DUI charge does not result in conviction, you may still lose your drivers license. If you have been arrested for DUI, you need effective representation that protects your rights.
- Smith, Jason: Once you are charged, you have 15 days to request a hearing or you automatically lose your license. Contact a lawyer today. IF STOPPED FOR DUI: * Ask for a confidential phone call with an attorney immediately. * Show your driver's license, registration and proof of insurance. * Invoke your right to remain silent and refuse to answer any questions. * Behave courteously. * Ask to be released to obtain an independent blood test. DO NOT: * Agree to take a breath, blood or urine test until calling and talking with an attorney! * Answer questions, admit anything, or agree to be videotaped. * Take any eye or physical tests. * Try to talk your way out or be rude. *The above Do's and Don't's apply to most situations, but not all. DUI Defenses Most people believe it is impossible to defend against a DUI charge. However, there are several defenses to a DUI charge and with an experienced DUI attorney a favorable outcome is very real. Some possible DUI defenses, include: * No reasonable suspicion for the stop * No actual physical control of the vehicle * No probable cause for the arrest * Denial of right to counsel * Inaccurate breath testing machine * Retrograde extrapolation of blood alcohol content level
- Smith, David: DUI (Driving Under the Influence) in Arizona can be prosecuted in one of two ways: either by one's driving ability being impaired to the slightest degree as the result of consuming alcohol (or other drugs), or by violating the "per se" law, and having a blood alcohol level of .08% or greater within two hours of driving.
-
William Foreman:
Being arrested for drunk driving, driving under the influence (DUI), or driving while intoxicated (DWI) can be a scary proposition. A DUI - DWI conviction in Arizona and most other states carries with it the possibility of serious sanctions, including:
- Alcohol assessment and treatment
- Community service
- Criminal record
- Fines and forfeitures
- Increased insurance rates
- Job loss
- Mandatory jail or prison sentence
- Probation
- Suspension or loss of driverŐs license
- Vehicle immobilization or forfeiture
In almost every DUI-DWI case, a driver has two cases to contend with. The DUI-DWI arrest results in criminal charges, but what most drivers do not realize is that an arrest also initiates a civil proceeding against the arrested motoristŐs driving privileges in Arizona by the Motor Vehicle Division of the Arizona Department of Transportation. A MVD license suspension is initiated against an arrested driver when he or she either refuses to submit to breath or blood testing, or alternatively, fails a breath or blood test. The legal authority to impose a MVD suspension against a driver lies in the Arizona implied consent statute, which states that any driver who operates a motor vehicle on Arizona roadways has impliedly consented to provide a specimen of breath or blood if arrested for DUI-DWI and provided with the applicable consequences for refusing to submit to testing. Issues involved in a MVD license suspension hearing include the following:
- Whether the police had reasonable suspicion to stop the driver
- Whether the police had probable cause to arrest the driver
- Whether the police complied with Arizona implied consent law
- Whether the driver refused to provide a specimen of blood or breath or failed a breath or blood test by registering an alcohol concentration of .08 or greater.
- Jaffe & Woods: Many people think that DUIs are open and shut cases. Either you did it, or you didn't. Nothing could be farther from the truth. DUI law is constantly evolving in response to new challenges by the defense. Depending how you view it, we are either blessed or cursed to live in interesting times. DUI defense attorneys and their clients are limited only by their creativity as to the possible challenges in any given case. Below are some of the common challenges to evidence.
- David Smith: DUI is shorthand for "Driving Under the Influence." A person is guilty of DUI if he or she 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 or when his or her blood alcohol level (BAC) is above the legal limit for the state.
Return to Arizona DUI Lawyers
|