DRIVING UNDER THE INFLUENCE - ARIZONA DUI LAWS

Felony Offenses – A.R.S. § 28-1383

An “aggravated” or “felony” DUI offense is a DUI, DWI or Extreme DWI, committed:

21 AND UNDER DUI LAW

In Arizona, it is illegal for anyone under 21 to drive or be in physical control of a motor vehicle while there is any alcohol in the person’s body. A.R.S. § 4-244(33). Simply put, the law punishes the presence of alcohol in the under 21 person’s body without regard to whether the person’s ability to drive was affected even in the slightest degree. And, if convicted, the under 21 driver faces a two-year license suspension. It should also be noted that under 21 drivers, in addition to being charged with underage DUI, are frequently simultaneously charged with violations of A.R.S. §§ 28-1381(A)(1) and (2).

Since the penalties and consequences for persons under 21 are so severe, it is important to have an experienced, knowledgeable and aggressive Arizona DUI attorney on your side. The transgressions we make in our early days can affect us for years to come. But many DUI’s can be successfully defended, and you would be wise to contact an Arizona DUI defense lawyer who knows this area of the law.


THE STATE'S CASE

In DUI cases, the state’s objective is to collect evidence which tends to establish the suspect was either driving or in actual physical control of a vehicle while “under the influence” or while “impaired.” The state’s proof usually falls into one or more of the following categories: (1) driving symptoms of impairment; (2) physical symptoms of impairment; (3) inculpatory admissions; and (4) chemical evidence.

Driving Symptoms of Impairment:

Physical Symptoms of Impairment:

Verbal Admissions:

Chemical Testing: Blood, Breath and Urine

When you are pulled over and the police officer suspects you of a DUI, there are certain things that the law requires you to do, and certain things that are voluntary. The only thing that the law requires you to do is exit your vehicle if requested, and submit to a chemical testing of your blood, breath, or urine. Everything else, such as answering questions, performing field sobriety tests, or blowing into a hand-held preliminary testing device (PBT) is not mandatory.

Once someone is placed under arrest for driving under the influence of alcohol or drugs, they are usually told they must submit to a chemical test. According to Arizona’s “implied consent” law, the person arrested is required to take a blood or breath test if the arrest is alcohol related, or a blood or urine test if the arrest is drug related. In Arizona, a DUI suspect has the right to consult with a lawyer prior to deciding whether or not to submit to the chemical test.

An experienced DUI defense attorney will determine whether or not the chemical test was properly administered and the sample properly analyzed. The State of Arizona sets forth the requirements for proper chemical testing. When the testing protocol is not followed or when the proper standards are violated or ignored, the test result may be scientifically unreliable, and, thus, should not form the basis of a DUI/DWI conviction or an MVD suspension.


WHAT WE DO

Contrary to popular belief, every DUI case is unique, and the outcome of each ultimately turns on its own particular facts. In order to give our clients the opportunity for the best possible outcome, each case is thoroughly investigated by:

ALTERNATIVE DUI SENTENCING

Many DUI cases result in negotiated plea agreements. In those cases that are not tried or dismissed, an experienced DUI defense attorney will attempt to negotiate with the prosecution for alternatives to incarceration in county jail which may be available under certain circumstances in some jurisdictions:

Home Arrest: This involves wearing an electronic ankle bracelet while under house arrest.

Work Release: This involves authorization to leave jail to go to work. Usually you work during the day, but have to return to jail at night to sleep.

Work Furlough: This similarly allows you to keep your job and go to work during the day. However, this program is much more restrictive than work release.

City Jail: City jails are less crowded, cleaner, safer, and generally provide a much more pleasant experience than serving a jail sentence in county jail or “tent city.”

Alcohol or Drug Treatment: Sometimes a DUI or drug related arrest is the result of years of substance abuse. In such cases, treatment of the underlying addiction problem may be the best option for both the state and the client.


DUI - FAQ's

Q. If I’m stopped after drinking, what should I do?

Always be polite and respectful. The best thing to say is “I would like to speak with an attorney.”

You have the right to speak with an attorney as soon as practical. However, the police will seldom give you an opportunity to contact an attorney at the scene. Consequently, it’s best to politely refuse the roadside field sobriety tests (FST's). In Arizona, upon being arrested, there is a right to consult with counsel before deciding whether to submit to blood, breath, or urine test, if doing so does not unreasonably interfere with the timely administration of your test.

There is a wide-range of FST's, including the walk and turn, finger-to-nose, one-leg stand, eye test called “horizontal gaze nystagmus,” alphabet recitation, Rhomberg modified, fingers count, and others. However, in Arizona, most officers will use a battery of the three standardized field tests.

Unlike the chemical test, where refusal to submit may have serious consequences, you are not legally required to take any of the FST’s. The reality is that many officers will have already made up their minds to arrest before administering the field tests. The tests are designed to provide the officer with additional evidence to prove the suspect was impaired. Thus, in most cases a polite refusal of the FST’s is appropriate.

Q. Should I agree to take a chemical test? What happens if I don’t?

In Arizona, there are serious consequences of “refusing” to submit to a blood, breath or urine test. Generally, there are three adverse results:

Q. Can I choose the type of chemical test?

In Arizona, the police choose the test: breath, blood or urine. Furthermore, they can require that you submit to more than one test. If you refuse at any time, even after giving a valid sample, you could still lose your license for refusing a subsequent request.

Analysis of a blood sample is potentially the most accurate. Breath testing machines are susceptible to a number of problems often rendering them unreliable. The least accurate by far, however, is urinalysis.

Q. The police took my driver’s license, issued me a citation to appear in court, and served me with a pink and yellow temporary license! How can they do that if I’m presumed innocent?

In Arizona, the Administrative “per se” statute provides for immediate confiscation of the suspect’s driver’s license if the breath test result is above the .08 statutory legal limit or if you “refuse” to submit to testing.

The suspect driver must request an MVD hearing within 15 days of his or her arrest (or the date he or she was served with a suspension notice). If you are deemed to have waived your right to a hearing, your suspension begins immediately following the expiration of the fifteen-day grace period. Thus, you should always visit an attorney immediately after you are cited.

Q. The officer confiscated my license. Is my license still valid?

Upon your arrest for DUI and providing a blood or breath sample over .08 BAC or refusing to take the breath test, the State of Arizona Motor Vehicle Division initiates administrative proceedings to suspend and/or revoke your driving privileges. You are issued a temporary license which advises you must request a hearing to contest the action within 15 days or you will lose your right to do so. Upon requesting a hearing, the temporary license remains valid pending further action to be taken at or subsequent to the scheduled hearing.

Q. My breath/blood alcohol reading was below the legal limit. Do I have anything to worry about?

Possibly. In the State of Arizona, even if your reading is below the statutory limit or there are no blood or breath alcohol results, the police and prosecuting attorney can and will proceed if they believe that there is sufficient evidence to prove your ability to drive was affected by your consumption of alcohol. This opinion is usually based upon the officer’s observations of your driving, any field sobriety tests conducted, and any other incriminating evidence, including your own statements. Remember, the officer arrested you because he or she felt that your ability to drive was impaired, so charges may still be a very real possibility. A.R.S. § 28-1381(A)(1).

Q. Shouldn't I just plead guilty if my test results were over the legal limit?

No. High BAC test results are often completely irrelevant in formulating a winning defense. For example, if the officer violates your Constitutional Rights by stopping your vehicle without legally sufficient cause, the court is required to suppress all evidence seized subsequent to the stop, including the blood or breath test results. Furthermore, there may have been one or more errors during the chemical testing process that can only be uncovered after carefully investigating and analyzing the testing protocol and scientific results with a toxicologist or criminalist experienced in handling DUI cases. Alcohol testing is not always accurate. Procedural errors, faulty or improperly maintained equipment, improper testing methods are always a possibility in a DUI case. If you simply plead guilty based on the test results alone, you may be giving up your opportunity for a dismissal or reduction of the charges against you.

Q. If my license gets suspended, can I get a permit to drive to work or school?

While the answer varies depending on your individual driving history and whether you submitted to a test of your breath or blood, if you did not cause an accident resulting in physical injury, have had no prior offenses, and did not refuse the test, you can usually obtain a restricted license to drive to and from work, school, or medical appointments. Once you have completed a portion of the suspension and have otherwise complied with certain requirements set forth by the Motor Vehicle Department, you may be eligible for a restricted permit. However, there are many limits on obtaining a restricted license and it is crucial that an experienced DUI attorney review the particular circumstances of your case.