Tens of thousands of people are arrested in Arizona each year for driving under the influence. Some of them will be convicted of DUI, but many of the charges will be dismissed or downgraded. Still others will result in a not guilty verdict.
If you are facing a drunk driving or drugged driving charge, you likely have many questions about what might be in store in your case. David A. Black is a Phoenix DUI lawyer who has the experience, knowledge and dedication to protect your interests. He also has the answers to your questions at this difficult time. Here are some of the questions that might be on your mind as you ponder your situation:
Q: Exactly what is DUI?
A: DUI (driving under the influence) is a charge that includes driving (or being in actual physical control of a vehicle) while impaired through the use of alcohol and/or drugs, driving with a blood alcohol content of 0.08 or higher (0.04 in the case of commercial vehicles), and driving with certain drugs (or their metabolites) in your system. Simple DUI is a misdemeanor, although it carries some fairly harsh penalties. Based upon your prior driving history, your BAC, and other factors, there could be additional penalties, and in some cases you could be charged with a felony (aggravated DUI).
Q: What are some of the reasons that drivers are stopped on suspicion of DUI?
A: Most traffic stops are triggered by careless or erratic driving of one sort or another – weaving through lanes of traffic, stopping in the roadway for no apparent reason, driving at night without headlights on, tailgating, speeding, failure to stop at a stop sign or traffic light, failure to yield to another vehicle or a pedestrian, illegal turns, etc. Some of these may be interpreted as an indication of drunk or drugged driving.
Q: Are there defenses to a DUI charge based upon an illegal traffic stop?
A: Yes. Most DUI cases begin with a traffic stop. The police are not free to stop vehicles at their whim. If there was no reasonable suspicion for the stop, then a judge may determine that the actions of the officer were illegal, and that any evidence obtained as a result of the stop, including, for example, breath test results and FST results, are inadmissible. This, in itself, could well lead to a dismissal of the case against you.
Q: What signs do police officers look for after I’ve been stopped in my car?
A: There are many potential signs that a driver may be intoxicated, or at least that he or she has been drinking. They include an odor of alcohol; slurred speech; bloodshot eyes; difficulty performing simple tasks, such as presenting your license, registration and insurance card; inability to stand without staggering or swaying; and others. If an officer observes one or more of these signs, the chances are good that you will be asked to perform or be subjected to further tests, and eventually charged with DUI.
Q: Do I have to submit to a breath test or field sobriety tests if I am asked to do so by the police officer?
A: With regard to breath tests and other chemical tests, a refusal will trigger in a 12-month license suspension. Refusal to submit to field sobriety tests does not carry the same automatic penalty, and you are not legally required to perform them. Having said that, we do recommend that you be polite to the police officer during the course of any detention.
We realize that these are just a handful of the many questions you may have concerning DUI in general, and your case in particular. If you are looking for an honest evaluation of your case by an experienced Phoenix DUI attorney, contact the Law Offices of David A. Black today for a free consultation.