08.16.09
Finding a Phoenix Criminal Attorney
The State of Arizona has some of the strictest DUI laws in the country. The sheer quantity of words involved in the Arizona DUI laws is so overwhelming that it’s almost impossible for a layman to learn them. Unfortunately, understanding these laws is the only way to fight a DUI charge in Arizona. The best way to get the understanding that you need is to obtain the services of a criminal attorney.
Let’s say you’re a Phoenix resident and you’ve had a couple of Merlots with dinner. Even if you feel fine, you might have reflexes and awareness that is demonstrably impaired. The penalities for getting caught driving drunk in Phoenix, AZ are some of the most severe in the country, so you’re going to want to hire a Phoenix criminal attorney to examine every aspect of the pullover, sobriety test, and arrest.
It takes a series of specific legal actions to fight a DUI or DWI charge, each of which will affect your case positively or negatively. Here are the actions that are particularly critical to winning your case:
The first issue to examine when fighting a DUI charge is called ‘probable cause’. Anytime you get pulled over, it’s because the police officer witnessed something that made him believe you were breaking a law. If the officer cannot prove that he had probable cause for pulling you over, the case could get tossed.
Once probable cause has been proven, your Phoenix criminal attorney will likely examine the sobriety test for validity. If the officer that pulled you over believes you are exhibiting evidence of impairment due to alcohol abuse, he will issue a field sobriety test. In Arizona, a Breathalyzer is the primary form of field sobriety testing. If you take the Breathalyzer test, and your blood alcohol is .08% or greater, ask your attorney about ‘practicable suspension lengths’ — because your license is about to get suspended for up to 730 days.
Of course, you are not required to take the Breathalyzer test, but refusing will result in an automatic suspension and confiscation of your license. The officers will give you a temporary license good for a month or so, but they will likely still arrest you on a DUI or DWI charge.
Your drunk driving case can be won if your lawyer examines these and other elements carefully. Just make sure that you have a lawyer, because these are quite complex issues and need the attention of someone trained in their care.
