Category Archives: DUI Lawyer

For anyone who’s charged with driving under the influence (DUI), there are generally several ways of handling the case. Typically, it comes down to either making a plea deal with the prosecution or fighting the charge at trial. Here are some things to consider before deciding whether to plead guilty or no contest to a DUI charge.

Weighing Your Options Before Pleading to a DUI Charge

The consequences of a DUI conviction can be severe. So, it’s always a good idea to talk to an experienced DUI lawyer (whether that’s a private lawyer or a public defender) before making any decisions in your case. Every case is different, but here’s some basic information about DUI pleas and trials.

DUI Plea Bargains

Most DUI and other criminal cases are resolved through plea bargaining. It’s usually the quickest and easiest way to handle a case. But making a decent plea deal can also be the most beneficial option for the defendant in many cases.

In lots of DUI cases, the evidence against the defendant is strong and there aren’t any good defenses available. Under these circumstances, attempting to minimize the possible penalties through plea bargaining makes sense. (In some states, it’s even possible to plea bargain for a lesser charge like reckless driving—sometimes called a “wet reckless” in the context of a DUI case.)

Many states also have special programs (like first-offender programs and DUI court) for eligible offenders. Generally, these programs allow participants to avoid some of the more harsh penalties (like jail time and license suspension) in exchange for participation in substance abuse treatment or other programs aimed at preventing future DUI violations. For certain people, these programs offer a good alternative for resolving a DUI charge.

Taking a DUI Charge to Trial

Going to trial on a DUI charge is a more involved process than plea bargaining. But it cases where there are good defenses available, it might be worth the extra effort (and money, assuming you hire a private DUI attorney). The risk of going to trial is that, if convicted, you could end up facing penalties that are more severe than those you would have gotten through plea bargaining.

Pleading to a DUI Charge in Court

The process for pleading guilty or no contest to a DUI charge is fairly simple. You’ll appear in court with your attorney and tell the court your plea. Normally, you’ll need to initial and sign a few forms acknowledging that you understand the rights you’re giving up (such as the right to a jury trial) by pleading to the charge. In some courts, the judge goes over the forms with you in detail to ensure you understand the consequences of your plea.

Guilty and No Contest Pleas Lead to Criminal Convictions

Once you plead guilty or no contest, the judge will find you guilty of the charge. The judge finding you guilty means you’ll have a criminal conviction on your record.

However, participation in certain programs previously discussed (like first-offender programs) will sometimes allow successful participants to avoid a criminal conviction.

Likely Consequences of a DUI Conviction

Most DUI convictions are misdemeanors and carry no more than a year in jail. The fines for a DUI normally ranger from several hundred to several thousand dollars. Convicted drivers also typically face license-related consequences such as suspension and having to use an ignition interlock device (IID) for a period of time.

However, if a DUI offense involves certain aggravating factors (like injuries or deaths) or the offender has prior DUI convictions, the current offense might be a felony and the consequences of a conviction can be much more severe.

Source

https://www.nolo.com/legal-encyclopedia/free-books/beat-ticket-book/chapter8-7.html

Arizona law says it is an illegal act for a person to be in actual physical control or to drive a motorized vehicle when they are under the influence of a vapor releaser containing a substance that is toxic, a drug, or an intoxicating liquor, or indeed, a combination of the above.

A.R.S. §28-1381 defines drunk driving laws in the state of Arizona and they forbid driving when you are under the influence of an intoxicant or when the vehicle operator is even slightly impaired. Arizona has a reputation for being one of the toughest DUI law states. Read on to learn what you can expect the penalties to include when a driver faces an initial DUI offense.

Penalties for A First DUI In Arizona

A person may be found guilty of DUI in Arizona when they have a Blood Alcohol Content in excess of 0.08% and are driving or are in control of a motor vehicle. They may can be charged with a DUI in circumstances where they are impaired by any number of drugs or alcohol. These include OTC medications as well as legal medications issued by prescription. These are a Class 1 misdemeanor and are subject to these penalties:

• A jail sentence of a minimum of twenty-four hours and a maximum up to and including six months. Technically, the minimum is ten days jail time but there is an option of having nine of those days suspended.
• A maximum of $2,500 in total fees and fines with a minimum of $250.
• From 90 up to 360 days of driver’s license suspension.
• An Ignition Interlock Device being installed
• Three years’ probation is a possibility.
• Community service hours is a possibility.
• Complete drug/alcohol assessment and perhaps adult education class attendance.

Criminal and Administrative Penalties for DUI

Arizona has what is known as Criminal Penalties as well as Administrative Penalties. Here is a breakdown of them:

• Administrative license suspension is applicable for 90 days for drivers arrested for a first offense. This must be dealt with as a part of your DUI defense.
• The driver may install an ignition interlock device it if an agreement can be met so their driver’s license can be retained.
• In Arizona, drivers following a DUI arrest are required to take part in substance and alcohol abuse screening processes.
• There is a seven-year lookback period for previous DUI convictions. This means a conviction will be on the record for seven years and will be considered if there are further DUI charges.
• Although there are likely to be additional costs for sentence completion, the surcharges, fees and fines amount to about $1,600.

Source: Brian Sloan. “Arizona DUI First Offense Consequences: Law Offices Brian Douglas Sloan.” Brian Sloan, https://www.arizdui.com/arizona-dui-defense/consequences-of-a-first-offense-dui-in-arizona/.

What Does the Prosecution Need to Prove for a DUI Conviction?

In a DUI case, the prosecution must prove the person being charged (the “defendant”):

• drove a vehicle, and
• was “under the influence”—meaning the person was either impaired or had a prohibited amount of drugs or alcohol in his or her body.

Many DUI defenses target one of these two components (also called “elements”) because the prosecution must prove both to get a conviction. The defenses available to a DUI defendant depend, to some extent, on state DUI laws. But this article gives an overview of some DUI defenses that are available in most states.

DUI Defenses related to the “Driving” Element

In some states, you can’t be convicted of a DUI unless you were actually driving a vehicle. So, if you were asleep in a parked vehicle in one of these states when police arrived, you probably have a good defense.

But most states don’t require proof of actual driving for a DUI conviction. All the prosecution needs to prove is that you were in “actual physical control” of a vehicle while intoxicated. In other words, you can be found guilty even if you weren’t caught behind the wheel with the car in motion.

However, whether a driver was in “actual physical control” of a vehicle is a fact-specific question. If the facts show the arrested person was unlikely to actually put the vehicle in motion, there’s a good chance the DUI charge won’t stick.

For example, if a drunk person was asleep inside a vehicle but didn’t have the keys, it might be hard for the prosecution to convince a jury that the person was in actual physical control of the vehicle.

DUI Defenses Related to Driver Intoxication or Impairment

Evidence of driver intoxication comes in various forms. However, in many cases, there are chemical test results showing how much alcohol and drugs the driver had in his or her system. It’s also common for the police officer who made the arrest to testify at trial regarding observation of the driver’s impairment.

Challenging the Accuracy of Alcohol and Drug Test Results

Because it’s illegal to drive with a blood alcohol concentration (BAC) of .08% or more (.05% or more in Utah)—called a “per se DUI”—chemical test results alone can prove the intoxication component a DUI charge.

When challenging alcohol- or drug-test results, you’re typically either saying the results are unreliable because of some flaw in the testing procedure or represent an inaccurate measurement of the amount of drugs or alcohol at the actual time of driving.

Experienced DUI attorneys know exactly what to look for when assessing a case for these types of defenses. Defenses related to chemical test results might also require the testimony of an expert witness who can explain why the results of the state’s tests are unreliable.

Challenging the Officer’s Testimony About Signs of Intoxication

For proving a DUI based on actual impairment (as opposed to the amount of drugs or alcohol in the driver’s system), the officer’s observations can be an important part of the prosecution’s case. An officer’s observations of impairment might include:

• poor (field sobriety test) FST performance
• the odor of alcohol
• bad driving
• bizarre behavior
• slurred speech, and
• bloodshot eyes.

To beat a DUI charge, the defense might need to challenge the significance of an officer’s observations. It just depends on the circumstances, but it can be difficult to convince jurors that the officer’s conclusions about the driver’s intoxication were wrong.

Introduce Witnesses Who Saw Things Differently

One way to challenge an officer’s observations is to bring in witnesses who were present when you were arrested and saw things differently than the officer. Unfortunately, in many cases, there aren’t any witnesses. Or, if your witness was a passenger in your car, the prosecution might argue that your witness is biased.

Offer Valid Explanations for Your Appearance and Behavior

For some officer observations, you might be able to provide an explanation—other than intoxication—for what happened. For example, fatigue and physical disabilities can lead to poor FST performance. And bloodshot eyes can be caused by allergies and other irritants.

When Field Sobriety Tests are Unreliable

In challenging the accuracy of FST results, attorney look for ways in which the officer might have failed to follow protocol in administering the tests. For example, some of the tests must be performed on a flat surface. So, if the driver was made to perform FST on a sloped road shoulder, the defense can use this fact to cast doubt on the officer’s ultimate conclusions.

DUI Defenses Related to Illegal Traffic Stops and Unlawful Arrests

When police don’t use proper arrest procedures, it can sometimes provide you with a good defense to a DUI charge. Defenses related to arrest procedures typically involve arguing that—because police didn’t follow the law when stopping or arresting you—the judge should throw certain evidence out.

Generally, police need probable cause to stop your vehicle, and if they’re going to arrest you for a DUI, they need probable cause for that too.

Illegal Traffic Stops in DUI Cases

For the traffic stop, police have probable cause if there’s reason to believe the driver or someone else in the vehicle has broken the law. (DUI checkpoints and roadblocks are, however, an exception to the probable cause rule.) Basically, any traffic violation will suffice. But if the police pull you over without a legitimate reason, a judge is likely to say all the evidence subsequently obtained is inadmissible in court.

No Probable Cause for DUI Arrest

A valid traffic stop doesn’t necessarily make a DUI arrest proper—the officer must also have reason to believe the motorist was in violation of the state’s DUI laws. Probable cause for a DUI arrest usually comes from the officer’s observations and sometimes breath-test results.

Both forms of evidence can be tricky to challenge. An officer might say you performed poorly on FSTs, smelled of alcohol, and had slurred speech. For most judges, that would be enough evidence for probable cause. And in most situations, breathalyzer results showing your BAC was over the limit are going to make challenging probable cause an uphill battle.

Failure to Give Miranda Warnings in DUI Cases

Occasionally, Miranda warnings come into play in DUI cases. Police are generally required to give Miranda warnings prior to questioning a suspect who’s in police custody. So, if a DUI suspect who’s in police custody and hasn’t been given Miranda warnings makes an incriminating statement in response to police questioning, the statement probably can’t be used in court against the suspect.

Talking to a DUI Attorney

This article goes over some basic information about DUI defenses, but there’s no substitute for the help of a knowledgeable attorney. If you’ve been arrested for driving under the influence, you should get in touch with a qualified attorney as soon as possible.

Source

https://www.nolo.com/legal-encyclopedia/dui-dwi-defenses-32254.html

How breathalyzers are used by law enforcement to detect and prosecute DUI/DWI offenders.

The first DUI laws prohibited driving while “under the influence” or “intoxicated” (DWI) by alcohol. So, convictions were based on the driver’s actual level of impairment. In other words, prosecutors were required in all cases to prove the driver was actually affected by the alcohol consumed. It’s still against the law to drive while impaired by alcohol. But now “per se” DUI laws also make it illegal to drive with a blood alcohol concentration (BAC) .08% or more.

Breath-test devices (also called “breathalyzers”) give police a quick and easy way to determine how much a driver has had to drink, and breath-test results are often used in court to prove a DUI charge.

This article discusses the differences between two types of breathalyzers: PAS (“preliminary alcohol screening”) and EBT (“evidential breath test”) devices.

PAS Tests

PAS devices are breathalyzers that police use in the field. (In some states, PAS devices are called “PBTs,” for “portable breath test.”) Generally, PAS devices are used by police to determine whether the driver has had too much to drink—not necessarily the precise amount of alcohol in the driver’s system. In other words, police typically use PAS tests to assess whether there’s probable cause for an arrest rather than to gather evidence for trial.

The small size of PAS devices makes them convenient for roadside use. But PAS machines aren’t always all that accurate. Accuracy does, however, depend on the specifications of the particular device. Some handheld breathalyzers—especially some of the more expensive models—are fairly precise.

Implied consent laws generally require all drivers lawfully arrested for a DUI to submit to chemical testing (normally, a breath or blood test). However, many states make prearrest PAS tests optional—meaning, there’s no legal consequence for a driver who refuses a PAS test.

In some states, PAS results can’t be used in court—are “inadmissible,” in other words—to prove a DUI charge.

Field Sobriety Tests

With FSTs, the officer tests the driver’s balance, coordination, and cognitive abilities. FSTs typically involve tasks like balancing on one leg, walking a straight line, or following a pen or other object with your eyes.

FSTs are optional—meaning, there aren’t any legal consequences for refusing to participate.

Implied Consent Laws and DUI Chemical Tests

If the police officer continues to suspect the person is under the influence, he or she might arrest the person and move on to more scientific tests. Every state has “implied consent” laws, which say that anyone lawfully arrested for driving under the influence must agree to take a chemical test to determine the amount of alcohol and drugs in his or her system. In most cases, the test will be of the driver’s blood or breath. However, occasionally, the officer will ask the driver to give a urine sample.

The results of these tests can be vitally important in determining whether a driver is charged or convicted of DUI. (A “per se” DUI charge is based on the concentration of drugs or alcohol the driver has in his or her system.) Prosecutors often rely heavily on chemical test results in proving a DUI charge at trial.

EBT Devices

Once a DUI arrest is made, officers typically want to take an accurate measurement of the driver’s BAC. The end-goal of a DUI arrest is to get a conviction in court. BAC is crucial for proving a DUI per se charge and can also be helpful in proving an impairment charge.

EBT devices provide police with the easiest way to get a precise BAC measurement. Though blood tests may be slightly more accurate, they require the assistance of medical personnel and are more invasive than breath tests.

EBT machines are typically more accurate but larger than PAS devices. Whereas a PAS device would fit in the palm of your hand, EBT devices are normally big, stationary machines that are kept at the jail or police station.

A driver generally does not have a right to refuse an EBT. (Though some states let drivers choose between blood, breath, or urine testing.) Refusal typical leads to a longer license suspension than would otherwise be the case. And, in most states, prosecutors are allowed to tell the jury at trial that the driver refused DUI testing.

Source

https://www.nolo.com/legal-encyclopedia/dui-breath-alcohol-tests.html

How breathalyzers are used by law enforcement to detect and prosecute DUI/DWI offenders.

The first DUI laws prohibited driving while “under the influence” or “intoxicated” (DWI) by alcohol. So, convictions were based on the driver’s actual level of impairment. In other words, prosecutors were required in all cases to prove the driver was actually affected by the alcohol consumed. It’s still against the law to drive while impaired by alcohol. But now “per se” DUI laws also make it illegal to drive with a blood alcohol concentration (BAC) .08% or more.

Breath-test devices (also called “breathalyzers”) give police a quick and easy way to determine how much a driver has had to drink, and breath-test results are often used in court to prove a DUI charge.

This article discusses the differences between two types of breathalyzers: PAS (“preliminary alcohol screening”) and EBT (“evidential breath test”) devices.

PAS Tests

PAS devices are breathalyzers that police use in the field. (In some states, PAS devices are called “PBTs,” for “portable breath test.”) Generally, PAS devices are used by police to determine whether the driver has had too much to drink—not necessarily the precise amount of alcohol in the driver’s system. In other words, police typically use PAS tests to assess whether there’s probable cause for an arrest rather than to gather evidence for trial.

The small size of PAS devices makes them convenient for roadside use. But PAS machines aren’t always all that accurate. Accuracy does, however, depend on the specifications of the particular device. Some handheld breathalyzers—especially some of the more expensive models—are fairly precise.

Implied consent laws generally require all drivers lawfully arrested for a DUI to submit to chemical testing (normally, a breath or blood test). However, many states make prearrest PAS tests optional—meaning, there’s no legal consequence for a driver who refuses a PAS test.

In some states, PAS results can’t be used in court—are “inadmissible,” in other words—to prove a DUI charge.

EBT Devices

Once a DUI arrest is made, officers typically want to take an accurate measurement of the driver’s BAC. The end-goal of a DUI arrest is to get a conviction in court. BAC is crucial for proving a DUI per se charge and can also be helpful in proving an impairment charge.

EBT devices provide police with the easiest way to get a precise BAC measurement. Though blood tests may be slightly more accurate, they require the assistance of medical personnel and are more invasive than breath tests.

EBT machines are typically more accurate but larger than PAS devices. Whereas a PAS device would fit in the palm of your hand, EBT devices are normally big, stationary machines that are kept at the jail or police station.

A driver generally does not have a right to refuse an EBT. (Though some states let drivers choose between blood, breath, or urine testing.) Refusal typical leads to a longer license suspension than would otherwise be the case. And, in most states, prosecutors are allowed to tell the jury at trial that the driver refused DUI testing.

Source

https://www.nolo.com/legal-encyclopedia/dui-breath-alcohol-tests.html