During my DUI they had 5 different policeman there, and they are the same few cops that ive had contact with THREE times total in one month. There was rapid wind and the rain was starting as it is Monsoon season in Arizona, and the policeman had stopped me at a stoplight, and they had 5 police cars totally blocking the left turn lane onto the freeway, they pulled me over because I had to cross over 3 lanes in a short amount of time and didn't drive in each lane for 3 seconds. I agreed to the sobriety field test and I did a PERFECT test. Not ONE mistake, except for I estimated 38 seconds when it had been 30. The cop looked at old track marks on my arms and arrested me. When asked to submit blood etc. I asked to talk to an attorney. He told me that my licence would be suspended for 2 years.
They may lose on the DUI but you may still lose your license. In Wisconsin you would be revoked for at least a year. You need a good DUI / DWI lawyer there in Arizona to help you with this. You need to act quickly to contact that lawyer because you may have a very short period of time to save your license.
The field sobriety tests are imperfect even if administered perfectly. They are designed for people to fail. They are seldom administered perfectly.
There may be video. If there is, you want to get your hands on it.
Confidential information should not be disclosed in this Internet forum. This answer is not legal advice, which requires a personal connection and far more facts. This attorney does not give legal advice over the Internet. This is a general statement about law, not advice.
A DUI requires that you either consumed alcohol or drugs. A confirming test must be conducted in order to have the AZ MVD suspend your driving priviledges. Without confirmation no suspension.
The issue of an attorney is a seperate matter. For purposes of the civil implied consent law, your license suspension, Az does not allow you to contact an attorney. However, this DUI investigation serves a duel purpose, the civil license suspension per the implied consent law, and the criminal investigation of the DUI. You are always entltled to consult with counsel for a criminal investigation, and during a DUI investigation if the consult will not impede the investigation.
Amendment number Four to the Constitution of the United States of America gives you the right to tell the Government that it may not remove blood from your body for the purpose of convicting you of a crime.
But the Government may obtain a search warrant if it has probable cause to believe that you committed a crime and that your blood contains necessary evidence.
Refusing to participate in the roadside circus antics used to incriminate you when you are under investigation for Driving Under the Influence of an Intoxicating beverage will cause the Motor Vehicle Division of the State of Arizona to automatically suspend your lincense. Since your license to drive is based on a privilege and not a fundamental right, the Constitutional rights do not apply to your driver license, only to your criminal case.
I do not know why there were five different policemen there, but I suspect that they were hoping to arrest you for something bigger than a DUI, since they had already had three contacts with you in the span of only one month.
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I am sorry you were arrested for a D.U.I. Here is my advise as it pertains to your question: First, I don’t understand why you have had contact with the same police officers three times in the past month. That is crazy. Hopefully, it was not for any other D.U.I. related offenses. If you feel those officers are harassing you, you have the right to lodge a formal complaint with the police officer’s agency. No officer has the right to harass any citizen for any reason. Second, the there are several types of D.U.I. offenses/charges in Arizona. Here they are in pertinent part:
(1) A.R.S. 28-1381(A)(1): driving or being in actual physical control of a motorized vehicle and you were impaired to the slightest degree by alcohol, drugs or a vapor releasing substance;
(2) A.R.S. 28-1381(A)(2): having a B.A.C. between “0.08” or more within two hours of driving, or being in actual physical control of a motor vehicle, the government can charge you with this offense; (it is important to note that the government can charge with this offense even if your B.A.C. is below a “0.08”, for example I have seen people charged with this offense when their B.A.C. was a “0.079”;
(3) A.R.S. 28-1381(A)(3): driving or being in actual physical control of a motorized vehicle while any drug that is defined in A.R.S. 13-3401 or its metabolite in the person’s body. (Here if you drive with a controlled substance in your body and you don’t have prescription for this drug, if you are convicted you will lose your driver’s license for 1 year).
Third, because your driving seems to be caused by the storm, you may have an argument that the alcohol did not impair you at all. An experienced D.U.I attorney would argue that your driving was impaired by the storm not alcohol.
Fourth, although you passed the field sobriety test, you likely will not find evidence of that fact in the police report.
Fifth, just because an officer saw old tracks in your arms, that fact alone should not have been the only reason for asking you to submit to a blood test. However, if the officer believed you were under the influence of drugs, that fact could support reasonable suspicion.
Sixth, if the officer refused to let you speak to an attorney after your requested one prior to the blood draw, the Court may throw out the blood evidence.
Finally, based on your statements, I don’t see any reason for DMV to revoke your license for 2 years. However, when you refuse a blood draw, DMV can revoke your license for 1 year.
It is true that you could lose your license even if you are successful in having your D.U.I. charges dropped. You have to request a MVD hearing to protect your rights and challenge your license suspension. Also, requesting a MVD hearing will allow you to cross-examine the arresting officer(s) under oath. You can use the transcript from the MVD hearing against the officer(s) should you choose to go to trial. Moreover, if you request a hearing, the officer(s) may not show up. If this happens, your license will not be suspended. You must request a hearing with the MVD hearing office within 15 days after your arrest. If you do not, you waive your right to the hearing and your license will be suspended for 90 days. It is also important to know that if you lose your MVD hearing, the court could order SR22 insurance. This is a very costly requirement. You should contact an experienced D.U.I. attorney to discuss your rights as well as any potential consequences as it pertains to your D.U.I. charges. Good luck.
Posting an answer to your question does not establish an attorney-client relationship between you and Blackwell Law Office, PLLC. If you have further questions or concerns about your legal issue, please consult an experienced criminal attorney as soon as possible.
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