TUCSON, AZ DUI DEFENSE ATTORNEY  Tucson DUI Lawyer Law enforcement and prosecuting agencies devote a lot of time and resources to Driving Under the Influence ("DUI") enforcement. Arizona's DUI laws are particularly strict, and complex, when compared with some other states. If you or a loved one has been arrested for DUI, you need a knowledgeable, experienced DUI lawyer to assert your best defenses to keep your record clean. A DUI arrest does not have to mean a DUI conviction. A criminal conviction, particularly one that is driving and substance-related, can impact your life in many ways. Having an attorney whose experience and advice you trust is essential. Contact us now for a free consultation. We can discuss the details of your case, evaluate your possible defenses, and discuss how we might be able to protect your liberty and driving privilege. More than 10,000 people in America die from drunk driving accidents each year. For decades, DUI enforcement was not something that law enforcement agencies gave much thought to. Today, DUI enforcement is the primary activity of many police departments. In Arizona alone, there are roughly 1000 (see NHTSA State of Arizona Highway Safety Report). With DUI accidents so prevalent and so deadly in Arizona, prosecutors and police aggressively seek out potential drunk drivers with DUI checkpoints, saturation points, and targeted enforcement. DRIVING UNDER THE INFLUENCE ("DUI") In order to convict someone of Driving Under the Influence, the government must prove that a person was driving while having a Blood Alcohol Concentration ("BAC") of .08 or higher, OR while impaired by drugs or alcohol to the slightest degree. This means that if a person is below the legal limit, they can still be arrested, charged, and even convicted of driving under the influence in there is evidence of impairment. For motorists under 21, driving with any measurable amount of alcohol is against the law. Additionally, it is possible to be charged with DUI without even driving; it is enough to have "actual physical control" of a vehicle, which has led to DUI charges for people sitting inside of a parked car while drunk. Commercial drivers can be charged with DUI for driving at a BAC of .04 or higher. Click HERE for the Full Text of Arizona Revised Statute 28-1382 (Arizona's DUI Law) PENALTIES FOR DRIVING UNDER THE INFLUENCE In Arizona, Driving Under the Influence penalties vary depending on several factors, most notably (a) whether it is a first offense (within 7 years), (b) was there a high Blood Alcohol Concentration ("BAC"), and (c) whether anyone was injured. A person convicted of a standard first-time DUI can expect to do between 24 hours to 10 days jail, pay a fines in excess of $1500, a 90 day license suspension, and will be required to install an Ignition Interlock Device ("IID"). If the BAC is above .15, a first time offender faces 30 days of jail and higher fines. If over .20, a first time offender faces 45 days jail and even higher fines. Repeat offenders face 90 days jail (120 if BAC is .15 or higher; 180 if .20 or higher), and even higher fines. A third DUI offense within seven years will be charged as a felony and carries a mandatory minimum prison sentence of four months, a one year license revocation, a two year IID requirement, and over $4000 in fines and assessments. DUI causing injury is known under Arizona Law as Aggravated DUI and is a felony punishable by one and half to three years in prison for a first offender, and significantly more time for repeat offenders. More About Repeat Offense DUI More About DUI Causing Injury OTHER CONSEQUENCES OF A DUI CONVICTION Being convicted of DUI will result in a license suspension, mandatory installation of an ignition interlock device, as well as a misdemeanor conviction on your criminal history. A DUI conviction can be especially troublesome for noncitizens (even DACA recipients), and licensed professionals (e.g. nursing, medical, etc.). If you are facing DUI charges, it is important to discuss all of these issues with your attorney to make sure that you are ARIZONA'S IMPLIED CONSENT LAW Arizona Motorists are presumed to consent to a chemical test upon being lawfully arrested for DUI. Refusing to submit to a chemical test will result in an automatic license suspension (1 year for a first offense; 2 years for a second or subsequent offense). TOP DUI DEFENSES Rising BAC - To get a Driving Under the Influence conviction, prosecutors must prove that a defendant was above the legal limit or impaired within two hours of driving. Blood Alcohol Concentration (BAC) rises as alcohol gets absorbed into the blood stream. Recently consumed alcohol may not have been absorbed at the time of driving, meaning that the later-taken test result reflects a higher number than at the time of driving. The more time that passes from the time of driving (sometimes the exact time of driving is unknown). Arizona law limits the applicability of this defense by not requiring the government to prove BAC above the legal limit at the time of driving. Bad Stop - If the police lacked probable cause to initiate a traffic stop, a motion to suppress evidence may result in the dismissal of the entire case, regardless of any of the facts subsequently determined after such bad stop. More and more, law enforcement agencies have dash cameras, and this objective information can help to show that there in fact was no bad driving to justify the pull-over. LEARN ABOUT CHALLENGING UNLAWFUL STOPS AND SEARCHES Mistake of Driver - While most traffic stops and checkpoints leave no doubt as to who was driving a car, traffic collisions can be another story. Often, by the time officers arrive on the scene of an accident, the driver(s) are often not in the driver's seat. The government must prove driving beyond a reasonable doubt, and it is not uncommon that the wrong person is charged as the driver. In these cases, the defense may not related to whether there was any drinking or impairment, but rather whether the defendant was actually the person who drove. Testing Inaccuracy - There are many little details that go into attacking the accuracy of a chemical test, including device calibration, training and experience of a handler, contamination, proper procedures followed and more. It takes experience with DUI investigations and a keen eye for detail to find what the government did wrong in your case, and a skilled attorney to properly present the issues to get you a better outcome. Mouth Alcohol - Breath tests are susceptible to a problem called mouth alcohol. This is where a breath test reads falsely high due to unabsorbed alcohol in the mouth. This is common with very recent consumption of alcohol, and can be more prevalent for individuals who have certain kinds of dental work or dental disorders. Medical Conditions - Certain medical conditions can result in falsely high BAC readings (e.g. GERD). Do not make the mistake of thinking that a prescription justifies driving impaired by medications. Certain medications mix poorly with alcohol and can caused heightened impairment. Sleeping It Off - People sleeping in their cars (and therefore not driving) have a defense against the driving element of DUI. Falling asleep while driving, or even prior to driving, with intent to drive will not satisfy this defense. RELATED ARTICLES: Driving Under the Influence, Drug Crimes, Aggravated DUI, DUI Drugs, DUI Causing Injury, Multiple Offense DUI If you or a loved one has been arrested for DUI, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson DUI lawyer. We will do our best to answer any questions you have, and can get started right away defending you. TUCSON CRIMINAL DEFENSE ATTORNEY
1 Comment
7/7/2022 04:37:09 pm
I like what you said about assessing BAC according to state law. I need to get a criminal attorney for my sister. I'll have to hire someone with some wins under their belt. Leave a Reply. |
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November 2024
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