DUI
It can happen to anyone. You’ve been at a party, or were just hanging out with friends, when you’re driving home and see the lights come on behind you. Your mind immediately begins to race.
If the worst happens, and your BAC is over the limit, your driver’s license will immediately be suspended. and you may have to spend the night in jail.
Driving under the influence (DUI), also known as driving while intoxicated (DWI) in some states, is the criminal offense of operating a motor vehicle while impaired by drugs or alcohol. A DUI charge is based upon a person’s ability to operate a vehicle.
In the state of Arizona, the legal BAC limit is 0.08% for people over the age of 21. If a person has a blood alcohol concentration over .08 it is illegal for them to drive, even if their driving does not appear to be impaired. On the flip side, if a person’s BAC is below the legal limit of .08 and their driving appears to be even the slightest bit impaired, they can still be charged and found guilty of DUI.
Arizona also has a zero tolerance law that applies to anyone under the age of 21. If someone underage is caught operating a motor vehicle with any amount of alcohol in their system, they will be charged with DUI, whether they are driving impaired or not.
Depending on the type of DUI charge, you may face serious penalties including fines, the loss of your driver’s license, probation, jail time and court-ordered community service and alcohol treatment programs. When you have been charged with driving under the influence of alcohol or drugs, it is imperative that you act at once and contact a Phoenix DUI attorney to review your case.
Attorney Joshua S. Davidson is a former prosecutor with the Major Crimes Division of the Maricopa County Attorney’s Office. His experience in that office has given him a unique view into the mind of the prosecution and he is prepared to provide aggressive legal representation to help you fight to avoid penalties. In the state of Arizona, the penalties for a DUI conviction depend on the type of DUI that was charged and the defendant’s criminal record.
After the first offense, any subsequent charges carry much more severe penalties, including jail time of two years and suspension of your license for 12 months or more.
Being pulled over by the police can be a frightening experience. The flashing lights in your rearview mirror, the chatter of the dispatcher over the officer’s radio and the bright flashlight being shined in your face create an incredibly intimidating situation which would make anybody nervous regardless of whether or not they have been drinking.
These types of encounters can become all the more terrifying if you’ve had the misfortune of consuming an alcoholic beverage prior to the traffic stop. It is important to understand that DUI officers are looking for a reason to arrest you from the moment they contact you. If you are unable to quickly produce your driver’s license or misspeak when answering questions because your nerves are addled, these mistakes can be interpreted as potential signs of alcohol impairment which could result in further investigation.
It Is Important to Understand Your Rights
Arizona law requires you to produce your driver’s license, registration and proof of insurance if you are pulled over by the police. You are not required to answer any questions, including the typical “Where are you coming from?” and “How much have you had to drink tonight?” Most DUI officers will want you to perform roadside field sobriety tests if they believe you have been drinking. Although they are not required to tell you these tests are voluntary, you are under no legal obligation to participate. It is often unwise to participate in these tests for several reasons.
For example, under Arizona law a police officer can arrest a motorist for DUI based only on their observations while conducting the “eye” test. While the officer will likely tell you that he just wants to look at your eyes to make sure you’re okay to drive, he is looking for very subtle changes in the movement of your eyes and you will have no way of being able to dispute his claimed observations after the fact.
Similarly, the physical coordination tests simply do not give you a fair shake. The officer will not tell you ahead of time how he is scoring the test and, at the end of the day, it is your word against his with regard to your performance.
Once the officer believes that he has probable clause that you are impaired, he has the ability to place you under arrest and invoke Arizona’s implied consent law. Once this occurs, the officer can compel you to submit to a blood, breath or urine test. If it can be demonstrated in court that the officer lacked probable cause to conduct the arrest, the results of the chemical test maybe thrown out and could result in a dismissal of the case. If you have been drinking to the point where it is not safe to drive, call a cab or get a ride.
If, however, you find yourself in a situation where you are suspected of driving while impaired, you are under no obligation to assist the police in obtaining a blood sample by participating in tests or answering questions that may justify their decision to arrest you.
If you have been charged with DUI, regardless of your blood or breath test results, you need to have your case evaluated by an experienced DUI defense attorney. There are numerous defenses to DUI charges, many of which have nothing to do with your alleged BAC.
For example, if the police were lacking reasonable suspicion when they pulled you over, or failed to follow proper procedure when administering the blood or breath tests, your case could be dismissed. We will also closely examine the maintenance records of the machine used to test your breath or blood, and should we find any irregularities with the equipment, we can utilize that information to the fullest extent possible.
DUI cases can be difficult because many of the state’s trial witnesses are police officers who have received training and have experience testifying in court. Because many DUI cases need to go to trial, you should have a seasoned, reputable DUI defense lawyer who knows what to expect at court.
As a former DUI prosecutor, I am well versed in all aspects of DUI law and will put my knowledge and experience to work for you.
If you have been arrested or charged with a DUI.
contact the Davidson Criminal Defense & DUI Law Firm, PLC today at (602) 493-3600!
