DUI Defenses
Drunk Driving Phoenix Arizona Driving with Impairment
Ask any US criminal lawyer they will tell you that one of the toughest places to do time in jail in the USA is in Phoenix Arizona, This is a straightforward article on how to save your butt if you got stopped on the road for DUI or DWI in Phoenix Arizona. And before I start rattling off some legally accepted solutions, some permanent and some temporary (to buy you time), I suggest you avoid driving if you had been drinking in the first place. Do you like Pink Pajamas?
Alright, you were stopped by an law officer for whatever reason you still do not know (yeah, right) and he’s walking towards your car. Even before he reaches you, make sure your seatbelt is on. Do so, unless you don’t mind paying for another fine. By the way, if you get charged for DUI or DWI for the first time, prepare $1500 for filing charges and penalties. This covers your base fine for DUI, surcharge fees, and assessment fees. Yep, the government expects you to pay up and of course show your sincere atonement by spending from 24 hours to up to 10 days of jail time, among other stuff you need to do.
To continue, expect the officer to ask for proof of identification and car registration. Comply as normally as you can becuase your movements are already being observed and will be included in his police report to be presented in court. In short, don’t fumble. Don’t refuse. Refusal to show these two could mean suspension of your driver’s license for a year. Don’t try to talk your way out of it either. Remember the Miranda Rights, “…anything you say and do WILL be held against you…”
Next thing in line would be you being asked to breathe into an apparatus which will measure your BAC (blood Alcohol Content). If you know you haven’t ingested anything with alcohol content for the last 2 hours, then relax it’s just a breathalyzer. It should read .07% or below. Obviously, a reading of .08% or more is your ticket to a DUI. What do you do if your reading registered .08% or over? Ask the officer to give you a copy of your result. Then go to a doctor for another reading. If your reading is below what the officer has in his record, then use your doctor’s result against it.
Have you seen those news videos or even posted ones in YouTube showing people being asked to walk a straight imaginary line and such? Those are field sobriety tests that an officer can ask you to do. Do you know that you can “politely” refuse to do them? Yes you can. There is no law that obligates you to do so. But should you decide not to add more suspicion, here are the things you’re going to be asked to do: walk a straight line, touch your nose, count your fingers, hold your leg while counting, recite your ABCs and follow a light with your eyes (HGN test). Start being suspicious if he asks you to do more. You might just be on America’s Funniest Videos.
Find a local DUI lawyer as soon as possible to protect your legal rights if you are arrested for a DUI or DWI. As many jurisdiction are now unofficially looking to supplement their budgets by increasing the amount of traffic fines collected through more aggressive DUI and traffic enforcement.
More and more people are finding themselves facing very serious charges and major increases in their insurance premiums. Some, if they are professional drivers, will lose their jobs and this does not include the social stigma that is part and parcel with a drunk driving conviction, that are routinely placed in the local media.
In a DUI situation once they, the police, determine that you are being arrested that would be when they put you in the police car with hand cuffs on, they need to read you your miranda rights, failure on their part to do so can get your DUI case thrown out of court, possibly even before you are put in front of a judge.
If they do read you your rights, say that you understand them, and that you have done nothing wrong, and that you want a lawyer present for any and all questioning and then shut up!
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This is not legal advise. We are not lawyers. If you have a question take it to a licensed criminal attorney in Arizona.