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Basics of DUI

Written by: Phillip Dietrich Hineman Jr.

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Posted over 2 years ago. Applies to Arizona, 0 helpful votes, 0 comments

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DUI CHARGES DEFINED

Arizona usually files two charges: DUI-driving under the influence of intoxicating liquor- and DUI with Blood Alcohol Content (BAC) of .10% or greater. The key to defending against the charges is knowing the difference between the two. Through the DUI citations, the state accuses the driver of DUI and having a BAC of .10% or greater at the time of the stop. Many people just give up if a breath or blood test shows an illegal BAC, without considering what the state must prove. The DUI charge by itself, does not require a breath reading. It deals with suspicion of driving while under the influence, according to the manner of driving, physical and mental symptoms, or verbal admissions. By citing under two laws, the state has two chances to convict. If pulled over by a law officer, the driver should know what and what not to do.

FALSE POSITIVE RESULTS

Most people finish their last drink(s) shortly before they leave to drive. This is a normal drinking pattern. However, this drinking pattern can cause a false positive reading and intimidate people to believe that they may have been under the influence when in actuality they were not. For example, if you were stopped at 12:00 midnight, it would not be unusual for a police officer to request that you submit to a blood or breath test at 1:00 to 1:30 a.m. in the morning. If you consumed alcohol in the last 50 miinutes before you drove (from 11:10 to 12:00), your blood alcohol level will probably be rising at the time you took a breath or blood test. This crucial factor is often overlooked by most people and some attorneys. This can make the difference between a conviction and an acquittal.

THE STOP AND ARREST FOR DUI

Citizens have the right to challenge being stopped and detained if they believe law officers did something wrong. Officers are not permitted to stop or detain someone based on pretexts regarding race, religion, gender, age, or other unjustifiable reasons. There also are issues regarding whether a driver was actually operating a vehicle when they were detained. One of the first things an attorney will look into is whether the stop was legitimate.

B.A.C. TESTING AND CONSENT

In most first offenses, it is best to consent to a blood alcohol test after arrest. Refusing can result in a one year suspension of all driving privileges. Again, call an attorney BEFORE making the decision! The BAC test is the single most important evidence in a criminal trial. For conviction, the law requires that a driver's BAC be .10% or higher at the time of the arrest - not later. But it may take up for 1 1/2 hours (after your last drink) before the BAC exceeds .10%. This (and breathalyzer "error") can be critical to your defense! Thus, a BAC reading over .10% is NOT indefensible

WHAT CAN HAPPEN

A driver accused of DUI faces not only the loss of driving privileges for at least 90 days - but far-reaching criminal charges and penalties as well.

THE CRIMINAL PHASE

The state has the burden of proving beyond a reasonable doubt that a driver is guilty of DUI. Penalties for a first conviction DUI are at least 10 days in jail, 9 of which can be suspended upon completion of mandatory attendance at alcohol screening (approximately $85) and any recommended classes (approximately $150); and a minimum fine and surcharge of approximately $400.

INSURANCE

Until DUI guilt is established, an insurance company may not (although some do) cancel a driver's policy.

FINAL CONSIDERATIONS

DUI charges (including driving under the influence of drugs) are serious, but defensible - with assistance from an attorney experienced in DUI law. BUT REMEMBER, the best defense is to NEVER DRINK TO EXCESS, AND THEN DRIVE!