DUI (driving under the influence) and DWI (driving while intoxicated) are unlawful driving or taking physical control of an Arizona motor vehicle while drunk, impaired, or under the influence of drugs. Under most circumstances, DUI charges are considered a misdemeanor. However, an aggravated DUI is classified as an offense. Drunk driving laws provide that a motorist with a blood alcohol content (BAC) of 0.08% or higher can be arrested even without the car being started as long as the drunk driver is in control of the vehicle. Arizona also has a DUI law that makes it unlawful for drivers under the age of 21 or “baby DUI” to have any detectable alcohol in their system. If you are being charged with DUI or DIW, you need to consult with a DUI defense attorney in Phoenix right away.
Implied Consent Law in Arizona
Arizona is a state with driving laws requiring all apprehended drivers to be lawfully pulled over and be subject to a breathalyzer (breath test) and blood test. Refusal of the blood and breathalyzer test is not an option because when the State of Arizona gave you the privilege to have a driver’s license, your right to be tested is already implied. Refusing to do the test will result in penalties such as:
- Having the license of the offender revoked for 1 year in the first offense.
- Revocation of license for 2 years in subsequent offenses.
While you are required to do chemical tests under the implied consent law, a field sobriety test can be refused.
DUI/DWI Defense in Arizona
Defending your case and avoiding conviction can be difficult without having a DUI defense lawyer to show you the appropriate defenses for your case. In DUI/DWI cases, the prosecutor has to prove these two things to convict the motorist of the criminal charge:
- That you were driving a vehicle
- That you were a drunk driver, under the influence, or your driving is impaired
The following defenses can be used to have your criminal case dismissed:
- Asleep without physical control at the time of the arrest – DUI charges require you to be under the influence when operating the vehicle. If there is sufficient proof that there is no control over the vehicle despite being intoxicated, the case will not prosper.
- Insufficient proof of impairment or intoxication – alcohol testing and blood testing results might not always be accurate and hence, the BAC level results can be contested as to their validity. Aside from contesting the test results, you can also contest the police report submitted by the officer regarding his observation of your intoxication.
- Introducing witnesses – who might have seen different things at the time of the arrest.
- There was a violation of your arrest procedures – violations in the DUI arrest mean that your rights were violated and can be a cause of dismissal of the case. Such examples of arrest violations are:
- There was no probable cause when you were arrested. Before being pulled over, the police should have a reason or belief that you were violating traffic rules. If you were pulled over without a valid reason, the evidence submitted to the court will be deemed inadmissible. Take note that a checkpoint is an exemption to this rule.
- There were no Miranda rights mentioned. Miranda warnings are constitutional rights of every arrested individual and the absence of it when arresting someone is deemed as a violation of the arrest procedures.
Are you charged with a DUI case?
If you are arrested in Arizona, penalties for DWI and DUI offenses are very serious hence, availing the services of a DUI lawyer will be very helpful to you. Getting legal counsel or defense lawyers will enable you to have a list of options available to you in the DUI court. A DUI jury trial will most likely be a few months away from when you are charged and most of the time, it involves other offenses such as speeding, reckless driving, endangerment, and other violations that may lead to criminal convictions. If you, your family, or your friends are facing DUI charges or arrests, our experienced Phoenix DUI attorneys at Snader Law Group will fight for you in every way possible. Call us now for a free legal consultation.