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Retrieve Your License With An Arizona DUI Lawyer

Melvin M. — Fri, 04 Dec 2009 01:05:50 +0000

The repercussion for a driver pulled over for DUI for just refusing to submit themselves to tests and obtaining a result which is over the legal restrictions of the tested started 20 years back. Suspension of the license for refusal to submit to a chemical tests such as blood, breath or urine sample has already been approved in all states.
In other states, simple suspension or revocation has been implemented. Lawyers call this the Administrative License Revocation (ALR) or Administrative License Suspension (ALS). In essence, however, the practice is similar. Both are designed as a penalty for subjecting yourself to the test and getting a score over the legal limit. It is an addition to the classic DUI punishments such as suspension or probation, jail time, community service, to name just a few. Both involve immediate revocation or suspension, which requires a hearing in order to dismiss or rescind the case. Thus, a DUI is both a criminal and administrative case against you.
During the late 80s and early 90s, however, the issue of revoking the license for simply taking the tests has been a subject of heated debates as most defense lawyers claim that such penalty can be likened to you being punished two times for one offense. However, the courts ruled that driving is not an individual right but a privilege. Current rules in license issuance in most states have already incorporated the revocation or confiscation of the license in case of an arrest. In addition, the courts can also give a valid reason for the revocation of a driver’s license.
In their efforts to win the case for their clients, your Arizona DUI lawyer will take crucial steps during the hearing of the administrative case. Likewise, in most states implementing the laws in license revocation, the lawyer will only have a short time to file an appeal or motion to rescind or dismiss the particular case ranging from at least 5 to a maximum of 30 days from the time of arrest. After this period, no more appeal for hearing would be granted. The process for restoring your driving privileges after it is suspended or revoked can be complicated and costly on your part.
You need to keep in mind that in administrative cases, the burden of proof lies in the civil burden of proof which is much easier than the traditional “proof beyond reasonable doubt” which is being implemented in a criminal case. In any case, you need to get in touch with an Arizona DUI lawyer if you find yourself getting arrested for DUI.

Your Arizona DUI Lawyer and DUI Proceedings

Melvin M. — Wed, 02 Dec 2009 10:43:46 +0000

Getting arrested for DUI in the state of Arizona can be a complicated process. After submitting yourself to any of the field sobriety tests and the results of each yielded a BAC of 0.08% or higher, or declined to be tested, you need to prepare yourself for two independent legal proceedings – a criminal proceeding in court as well as a civil process with the Department of Motor Vehicles (DMV). Bear in mind that these two proceedings are independent and will not have a bearing on the other. You could win in one or both and vice versa.
With the criminal proceeding, your lawyer can enter a plea of guilty after undergoing trial by jury. This could result to mandatory jail sentence, fees and assessments, fines, supervised or unsupervised probation, and a criminal record. On the other hand, the civil proceeding is conducted in front of the administrative hearing officer at the MVD. It will involve the possible revocation of your driver’s license. If you are not from Arizona, the civil proceeding will involve your privilege to drive in the state.
The arresting officer will give you a suspension notice. If you have been pulled over for DUI and subjected yourself to a breath or chemical tests and if the results registered an alcohol concentration of more than 0.08% within a couple of hours driving or do not subject yourself to these tests, your license will be suspended for 90 days. On the other hand, if you refuse to subject yourself to these tests, your license or driving privilege will be suspended for 12 months. You should be given two copies of this notice.
The police officer who suspended your license will issue you a temporary one good for 15 days based on the premise that you requested for a hearing within that period and there has been no outcome yet. The yellow copy of the notice served to you will serve as your temporary license.
If you are not from Arizona, the police officer is not authorized to revoke your license instead they will suspend your driving privileges in the state. The notice will be valid for 15 days after service unless you requested for a hearing within that period. With the latter, your driving privileges in Arizona will not be suspended until a hearing has been done and a judgment has been issued.
If you did not subject yourself to the sobriety or chemical tests, you will be served a 12-month suspension of your driver’s license or right to drive in Arizona if you are not from the state. The effectivity of the suspension is 15 days from the service date unless a hearing has been requested. Unless a hearing has been requested and conducted with an outcome, no license or driving rights in Arizona will be suspended.
If you declined to be take the breathalyzer or chemical tests, it is possible that the police has a search warrant to get your blood sample anyway. If this is the case, your license or privilege to drive will remain suspended for a year even if a search warrant was used to get your blood.
Through all of these, you will need the help of an Arizona DUI lawyer. The whole process can be complicated and having an Arizona DUI lawyer can make things less complicated for you.

DUI Tests and Your Arizona DUI Lawyer

Melvin M. — Tue, 01 Dec 2009 11:34:58 +0000

Before getting charged for DUI, the first thing that the police officer will ask you to do is subject yourself to a series of routine drunk driving tests to determine your blood alcohol content. You will immediately be charged with a DUI offense if your blood alcohol content is more than the limit set by the state, which is usually .08% or .10%.
There are several drunk driving tests that you will be subjected to when pulled over by a police officer. The most common of these tests is the standardized field sobriety test. This is administered by police officers directly on the field. They will have you stand on one leg for about half a minute, then walk and turn around. Likewise, you will be subjected to a horizontal or vertical gaze nystagmus. Here you will be asked to follow the movement of the penlight through your eyes. Failure in this test indicates drunk driving which will then submit you to blood alcohol content testing.
Another method of testing for your blood alcohol content is the Breathalyzer method. With this method, you will blow into the Breathalyzer which will determine the level of alcohol in your blood. Compared to the field sobriety test, breath analysis is a non-invasive method of measuring your blood alcohol level.
However, the drawback of this method is that it has some inaccuracies. The outcome of the test can be affected by a wide range of factors such as radio waves, alcohol content in the mouth, and certain medical conditions. Likewise, the police officer reading the results can also be prone to commit mistakes. While you have the right to refrain from being tested with the Breathalyzer, this would result to the immediate revocation of your driving privilege.
An alternative to the Breathalyzer method is chemical testing, such as urine or blood tests. While the breath analysis is conducted by police officers, the chemical tests is conducted by a hospital personnel. In a urine test, samples are collected and you will be closely monitored while undergoing the test in order to ensure that you will not use any device that will yield false negative results. With a blood test, blood will be extracted from a vein in your arm.
The main drawback of chemical tests is that they can give you discomfort. Aside from that, blood tests have the tendency to be invasive. Police officers are not trained to administer these tests because they are not qualified to read the results.
It is your right to refuse to subject yourself to field sobriety or chemical tests. When asked to submit to these tests, consult an Arizona DUI lawyer first. Having an attorney by your side can help ensure that your rights are not violated. An Arizona DUI lawyer knows their way around these laws so they can advice you on what needs to be done as far as your DUI case is concerned.

Finding An Arizona DUI Lawyer Can Make A Huge Difference

Melvin M. — Tue, 01 Dec 2009 01:56:31 +0000

If you find yourself being charged with DUI in Arizona, you need to do everything to prove your innocence and not just wait for what is in store for you. There is, however, something you can do to lighten your sentence. Because of the challenging nature of your charge, you need to find yourself an Arizona DUI lawyer.
An experience DUI attorney would use all of their skills in order to make sure that you will not be imprisoned because of your DUI charge. While you may be subjected to paying fines, the DUI lawyer can free you from being severely penalized. They can negotiate for the non-revocation of your driver’s license or non-imprisonment. If you are guilty, the lawyer can work out something to reduce your sentence, such as community service instead of imprisonment.
If the DUI case is transformed into a court proceeding, your lawyer will represent you and reason out with the judge. In some states, you are already meted with a jail sentence even if you are a first time offender, so having an attorney in these times can greatly help.
If you are having difficulty looking for an attorney to handle your case, there are companies that will refer you to capable DUI lawyers who can help you out in your case. While hiring such attorneys can be costly on your part, having one can lighten up your burden. This can give you an assurance that you would not spend time in jail.
In addition, your lawyer will be the one to tell you whether the case is worth fighting for or not. But you must always assume that a tril is a good venue to fight for your case and get the services of a qualified DUI attorney. This way, there might no longer be a need to revoke your license or spend time in prison.
Moreover, a skilled attorney is important as they can keep your records unblemished. If the case is indeed worth fighting for, your Arizona DUI attorney can prevent your initial offense from being recorded. They will remind you of your rights so that you will avoid making harsh decisions when it comes to your DUI case.
DUI are classified as a simple misdemeanor or grave felony. The severity and frequency of the offense will determine the sanction that you will be getting. If you are a first time offender, a misdemeanor can subject you to imprisonment ranging from 10 days to a maximum of 180 days for an extreme DUI offense. So having an Arizona DUI lawyer can make a difference in ensuring that you will not suffer from your DUI offense.

DUI Penalties And Your Arizona DUI Lawyer

admin — Sat, 03 Oct 2009 22:00:26 +0000

DUI offenses have varying sanctions from one state to another. In Arizona, the sanctions are determined based on the kind of charges and if you have an existing criminal record. A previous DUI charge within the last seven years can have an impact on the severity of your sentence. Throughout the process, having an Arizona DUI lawyer can make a huge difference.
However, if you have zero record of felony, the penalties that will be applied will depend on the number of times you have committed the DUI offense. For first time offenders, if your BAC is more than 0.08%, your prison term can range from 10 to 180 days. Nine of the ten days you will spend in jail will be devoted for alcohol consultation, evaluation, and treatment.
In addition, you will be paying a fine of $1,800 not including the jail expenses. Aside from that, your driver’s license will be revoked for 3 months and you might be placed under probation for a maximum of 5 years. There will be additional community service and you will need to install an ignition interlock device for one year.
For a second offense, the charges will be much higher. The minimum jail time is 90 days but a couple of months may be suspended if you complete the alcohol consultation, evaluation, and treatment. The fine will be much higher as well at $3,500 including jail expenses.
Aside from that, your license will be suspended for 12 months and you will be under probation for 5 years. Community service is mandatory for at least 30 hours and you will be required to install an ignition interlock device for a year after your license has been returned.
If you are charged with DUI for the third time or during the revocation of your license, your offense will be elevated to class 4 felony. Here the penalties may include 4 months imprisonment and a maximum fine of $150,000. Along with the penalties, your license will be suspended for 3 years.
If there is a child below 15 years old during the accident, you may be charged with class 6 felony. In this case, you will spend a longer time in jail and your vehicle might be confiscated. The fines and license revocation for class 4 felony applies.
In these hard times, it really pays to have an Arizona DUI lawyer by your side. They know what to do and they can work out the most favorable outcome for you.

How to Choose an Arizona Dui Lawyer

admin — Wed, 19 Aug 2009 01:44:59 +0000

If you have been charged, accused, or convicted of driving under influence, the very important to do is to seek the help of Arizona dui lawyer. The expertise of an Arizona DUI lawyer should also be sought if you cannot avoid driving when drunk.

Az DUI lawyers can be found in many ways. Since drunk driving is increasing as a common offense committed by American citizens, lawyers focused on the said case has also increase.

Yellow Pages

One way of finding Arizona dui lawyer is through the yellow pages. Browsing the yellow pages online can give a thousand searches of lawyers specializing in drunk driving.

Hear and decide from those you trust

If you know people who have been in your shoes, seek their experiences with their lawyers. It is important to weigh how their lawyers paid attention and worked for the success of their defense. In addition, listen from not only one but from many case of driving under influence. Learn every important thing that may be expected from a dui lawyer. The processes and the tests that has been undertaken should also be noted because the same processes and tests will be applicable to one charged of driving under influence.

Make a list of top choices…and research

Third thing to find Arizona DUI lawyer is to make an appointment with your list of choices. Meet with these driving under influence lawyers and listen to their voices. Rate their competence and their confidence in handling cases. It is also necessary to submit to the questionings of these lawyers because it is a way of knowing well how they conduct their job. The expertise of DUI lawyers cannot only be measured by the number of cases won but also by their wide experience in such field. Their knowledge in all aspect of dui case is an essential factor of countering the point of prosecution. Hence, it is very necessary to hire someone who has a wide experience.

Do an online search

There are various websites of DUI lawyers and organizations offering legal services for driving under influence cases. Lawyers offering the same legal service can also be seen from these sites. Sometimes, these organizations also promote and advertise for their services in such field.

Arizona’s Best DUI Lawyers

admin — Sun, 16 Aug 2009 04:48:01 +0000

Being accused for driving under influence is quite a tough problem. In the country where Driving under the influence is strictly prohibited, especially in the state of Arizona, the accused is usually given a slim chance of winning a case. The mere fact that the driver in under the influence, it is already enough to constitute his or her guilt and enough to bestow the guilty fine or imprisonment. Aside from that, there is inadequate defense for such felony. Hence winning Driving Under Influence case could be hard-hitting. The only exit is finding the best lawyer.

In the state of Arizona, driving under influence laws are ever-changing. Arizona Dui lawyers are not merely adept but also versatile in such field. In prosecuting dui cases, it may be tried through jury system, non-jury system, or other trial system. Each trial system has different process and different basis of judgment. In the prosecution of the dui case, due process must also be fulfilled. Any omission or mistake would subject the accused to fines, penalties or terms in court. For such reasons, dui lawyers must be smart and has a wide experience in dui case.

Adeptness is one quality possessed by Arizona dui lawyers due to changing dui laws. Aside from that, the burden is upon the accused to prove. Arizona dui lawyers are also assertive in order to confidently defend the case. In a court where the drunk driver is castigated by almost all people present in the courtroom, confidence and adeptness in law is a must.

Furthermore, dui lawyers are also smart and widely experienced in dui cases. As has been said, driving under influence accused is guilty as such. Hence, the best defense is in the processes. When processes is concerned Arizona dui lawyers are well familiar. Notably, the accused also undergoes various tests like alcohol tests, sobriety test, and breath tests before penalty is imposed. Such tests are good avenues for the lawyers to rebut the prosecution. Being subjected to tests in the right process is also a right of the accused. Hence, any oversight or failure in the process would put the accused in either advantageous or disadvantageous situation. Tests conducted are also crucial in the outcome of the case. It is also the venue where abuse is very open. Hence, in ensuring the accused of his right to due process, smart, adept, versatile, and confident lawyers are needed.