Arizona DUI Lawyer» Arizona Dui Lawyer

The Role Of Arizona DUI Lawyer During Sobriety Checkpoints

admin — Sun, 06 Jun 2010 04:16:55 +0000

For some people, being stopped in a DUI checkpoint can be inconvenient and frustrating. If you find yourself being stopped in a checkpoint, you can always invoke your right and law enforcers should respect that. While most Americans have been subjected to random DUI checking in sobriety checkpoints, its constitutionality is being questioned.

One of the major issues being questioned with DUI checkpoints is that it uses up a huge chunk of police resources and seems to be an exercise in futility. Aside from that, opponents of DUI checkpoints argue that such practice is a violation of the Fourth Amendment. Likewise, they also contend that sobriety checkpoints involve unreasonable search and seizure which is a clear violation of the Constitution.

The fight against DUI checkpoints have been dragged all the way to the Supreme Court. In 1990, it issued a ruling that although sobriety checkpoints infringed human rights based on the Fourth Amendment, this was only a minor detail. The US Supreme Court found that it was more important to remove drunk drivers from the road and reduce possible public safety risks than protecting them from unreasonable search and seizure.

In order to deem sobriety checkpoints as constitutional, there are some guidelines that police officers should strictly follow. An Arizona DUI lawyer can help ensure that such guidelines were followed to the letter during the sobriety test.

Setting up of DUI checkpoints should be conducted by supervising officers and vehicles must only be stopped based on a pre-set pattern. Officers may not conduct a sobriety test and place roadblocks and select drivers to screen.
The location of the checkpoint should be determined by policymakers taking into consideration the statistics as well as the safety of the public and the police officer.
The conduct of the sobriety test should be for a limited time only in order to ensure effectiveness and avoid intrusion. Detention of drivers should be done for the minimum time possible to complete the DUI screening.
Warning lights and signs must be installed in order to alert drivers that there is a checkpoint. The schedule and location of the sobriety checkpoint should also be issued in advance.

Even with the current ruling and guidelines from the Supreme Court, there are still some American states that regard DUI sobriety tests unconstitutional. In states such as Iowa, Michigan, Idaho, Oregon, Minnesota, Washington, Wyoming, and Rhode Island, drivers are not pulled over in sobriety checkpoints.
If you find yourself being pulled over at a sobriety checkpoint in Arizona, the best thing to do is speak with an Arizona DUI lawyer to see if the arrest violated your constitutional rights. This way, you can do something about the inconvenience and discomfort caused by the police officer who pulled you over.

The Role Of Arizona DUI Lawyer During Sobriety Checkpoints

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.

Free Legal Advice From An Arizona DUI Lawyer: What to look for

admin — Wed, 11 Nov 2009 05:50:26 +0000

An Arizona DUI lawyer can help you determine whether your rights have been violated by a police officer who pulled you over as a result of a DUI arrest. For a first time offender, having an attorney defending you can help a lot because they have strategies which can help reduce penalties or prison time that you might experience.

Having an experienced Arizona attorney at your side if you are charged with DUI offense provides several benefits. In Arizona, DUI sanctions and sentence are determined by the amount of blood alcohol content in your body. Of course, you cannot interpret and determine the outcome of BAC in your body so it pays to have an attorney representing you.

Another scenario where a DUI lawyer can come in handy is in differentiating “per se” BAC level and an enhanced penalty BAC level. The second level entails stiffer penalties as well as longer jail time and license revocation.

When a police officer pulls you over for DUI, they will usually look for signals such as erratic driving, crossing the center line, weaving, and unusually wide turning radiuses. Once the car has stopped, the police officer will look for additional signs of intoxication like a flushed face, bloodshot eyes, slurred speech, instability, disorientation, or inappropriate behavior.

In addition, the police officer may conduct coordination tests to determine if you are indeed intoxicated. An example of such test is the horizontal gate nystagmus wherein the police officer will have follow the penlight with your eyes. The police officer will know that you are intoxicated when your eyes begin to jerk. Your lawyer can help determine the legality of this procedure and question the practice.

Another potential test that they can conduct is a hand/eye coordination test. If you are a first time offender, you should not allow yourself to be subjected to this kind of test. However, you should agree to chemical tests.

When looking for an Arizona DUI attorney, make sure that you understand their terms and conditions. Likewise, you need to determine the costs of their service. The common practice is for lawyers to charge a contingency fee which means that they will only collect their fees when your case is successful. But there may be other charges involve so you need to clarify this.

Getting an Arizona DUI lawyer can help you get through the stiff penalties and laws in the state. They will do everything to make sure that you get the most favorable outcome from your case.

When The Breathalyzer Goes Wrong, It’s Time To Get An Arizona DUI Lawyer

Melvin M. — Wed, 11 Nov 2009 01:12:21 +0000

In Arizona, as well as in other states, being pulled over as a result of DUI may subject you to a breath analysis test. It is vital for you to understand how the breathalyzer test works as you can determine whether or not to submit yourself to it. Refusal to take the breath analysis test can be used against you in most states, so understanding the process is important. Before being able to interpret the results of the breath analysis test, you should first understand how our body responds to alcohol.
Alcohol finds its way to the blood flow through the stomach walls instead of traveling throughout the whole digestive system. The fluids in the body are responsible for thinning out the amount of alcohol in the blood and some are eliminated through the liver. The remaining alcohol in the blood undergo the process of egestion through perspiration, urine, and the breath of the individual. The breath analysis test is designed to measure the BAC of the person through their breath.
To conduct a breath analysis test, a machine known as breathalyzer is used. The process of using the machine is simple as you only have to respire into the breathalyzer and the police officer will already know your BAC. Breathalyzers are not flawless but they can be strong indicators of whether or not your BAC is within the acceptable boundaries in Arizona. If you are tested positive, you may be subjected to additional tests, such as blood or urine BAC test.
In Arizona, the results of the breathalyzer test can be used against you in court if you receive a DUI charge. Nonetheless, having an Arizona DUI lawyer can pay off as they can prove that the results of the test were erroneous. As many factors can lead to a falsified breathalyzer test outcome or extremely high test results, working with a DUI lawyer is your best defense.
The breathalyzer is an important tool for law enforcers are active in eradicating drunk driving. But they are not perfect and can sometimes go wrong. Working with an Arizona DUI lawyer will help you clear your record as far as DUI is concerned.

Why Hiring An Experienced Arizona DUI Lawyer Matters?

admin — Tue, 10 Nov 2009 05:54:02 +0000

When it comes to DUI laws, Arizona is known for being the toughest and strictest in the United States. The penalties and sanctions are much stricter than ever before. Being charged with DUI can result to suspension of license, stiffer penalties, and longer jail term. If you find yourself in this situation, getting the services of an expert Arizona DUI lawyer can help make things better for you.
Oftentimes, people who get charged with DUI often believe that their case is already hopeless. But this is not always the case. Unfortunately, most people are not aware of the possible ramifications of their conviction. For instance, they might not know that a DUI charge can lead to the installation of an interlock device in their car. Under Arizona laws, you need to blow into the device prior to starting the car.
In addition, the court may require the device to be installed considerably longer than the minimum one year. This is applicable to boating penalties as well as operatin under the influence (OUI) also has strict penalties and will require the assistance of an OUI attorney. The Arizona legislature recently moved for increasing the sanctions for boating DUI charges.
By hiring an Arizona DUI attorney, they can use their skills to question the findings of blood alcohol level as well as of the field sobriety tests. Furthermore, they can see to it that your rights are respected and can come up with a plan depending on the circumstance of your case. Whatever chaos you are experiencing in your life, a DUI attorney can restore order in your situation.
There are instances when defending your case alone is an admirable task. However, a DUI charge is not one of those instances. Although things will not always work out in your favor, a DUI lawyer can come up with a solid and aggressive stance to give you the most favorable outcome.
Choosing a DUI lawyer who will defend your case requires special attention as well. This is important because there are bogus lawyers who are also out to get your money. Therefore, you need to see to it that you work with a reputable attorney. Otherwise, your experience getting a lawyer will already be frustrating at the onset.
A DUI conviction is no joke and needs your full attention. Getting an experienced Arizona DUI lawyer can make a difference between winning and losing your DUI case.

What To Look For In An Arizona DUI Lawyer

Melvin M. — Mon, 09 Nov 2009 17:06:08 +0000

DUI stands for driving under influence of either alcohol or other banned substances. Anywhere in the United States, it is a punishable offense and may require a court hearing. Depending on the degree of alcohol or banned substances in the blood or the extent of injury to man and property in case of an accident, it is the court who will determine the sanction for the offender.
If you are charged with DUI in Arizona, which is known for being one of the toughest in the United States, you may need to find the best Arizona DUI lawyer to defend you. While it may not be a big offense, the law does not see it as such and the judge may impose the most severe penalties. When looking for an Arizona attorney, there are certain criteria that you need to bear in mind to ensure that you will get the best legal mind.
The first and perhaps most important of them all is to select an attorney who specializes in Arizona laws and DUI. It would be futile to have a general lawyer represent you in court. Likewise, DUI attorneys are not the same and what is applicable to your friend or relative may not be true for you.
You should also watch out for attorneys who will try to lure you into something illegal. Do not fall for such tricks as it could ruin your chances and lead to the outright dismissal of your case. Likewise, be cautious of lawyers who have excellent marketing skills and handles a lot of clients. They might not be able to seriously commit themselves to your case because they juggle from one client to another.
In addition, the background of the lawyer you are considering should also be examined. Some attorneys have the habit of making guilty pleas for their clients which will not be healthy. This may not always be a good idea every time so consider other options.
Moreover, the lawyer you are considering should have the track record in handling DUI cases. Choose an attorney who has handled and if possible, won several DUI cases. Regardless of the evidence being thrown by the opponent, it is the experience of the attorney that will count in the end.
Furthermore, if the lawyer you have in mind comes from a law firm check the reputability of that firm. You cannot discount the fact that some unscrupulous individuals may be fronting as an Arizona DUI lawyer so be careful in your selection.

Getting An Arizona DUI Lawyer Can Help Prepare You For Your Defense

admin — Mon, 09 Nov 2009 05:54:47 +0000

If you have been charged with DUI before, chances are you will know that the coming days will bring you chaos and confusion. Getting proper representation is a priority but oftentimes finding the right one can be a daunting task and may only lead to more confusion. Setting a criteria for finding an Arizona DUI lawyer is your primary responsibility. Make sure that the attorney you are considering is someone you are comfortable and confident to work with.
While preparing for your defense, it will be worthwhile to educate yourself about DUI laws in Arizona. This will be helpful in going about with your search for the right DUI attorney for you. When interviewing lawyers, do not just limit yourself to one or two. Find several as not all of them are in the same page with you and may have their own personal agenda.

In some instances, when your case will require court proceeding, it will drag on for about six montsh to more than one year before the actual trial happens. It will be to your benefit if you will list down all the events that transpired during the accident. You may have a photographic memory but some point in time, it might fail you so there is no substitute for taking down notes.

Remember that every minor detail can be an important piece in your DUI case so make sure you note them down. Let your attorney know of all these details. It will then be up to your lawyer to interview and properly disclose each witness before the trial.

Aside from those mentioned above, you also need to consider external factors that could have contributed to your DUI offense. You could have been under medication or there was damage in your vehicle that time. If you suspect that there was a malfunction or defect in your vehicle, have a mechanic inspect it.
If you feel that you were under medication, make sure that it is properly documented by a physician. Again, you should notify your lawyer about these details. This will the attorney work out their defense.

DUI laws in Arizona is one of the toughest in the United States. When charged with the said violation, it is your job to find a qualified and expert Arizona DUI lawyer who will stand by with you during these times. They are trained to make sure that you get the most favorable outcome when it comes to your DUI case.