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DUI DRUNK DRIVING

DUI / DWI Lawyers in Phoenix, Arizona

In September 2007, new DUI laws went into effect and instituted new penalties for driving under the influence (DUI). These new DUI laws are being vigorously enforced by local police and prosecutors. It is more serious and expensive than ever if you are convicted on DUI charges. Therefore, it is important that you promptly consult with an experienced criminal defense attorney who can assist you with any DUI charges you are facing.

There is more mandatory jail time for convictions of Extreme DUI. In addition, it is mandatory that drivers convicted of DUI have an ignition interlock device installed on their vehicle.

Also, being charged with DUI can result in a suspension of your driver's license for a time period of 90 days, and in some cases, up to a full year. When you are pulled over and arrested for DUI, the police officer will take your driver's license on the spot. If you refuse to take a blood alcohol test, your license is automatically suspended for a full year.

Field Sobriety Tests

You are not required under Arizona Law to submit to Field Sobriety Tests (FSTs), which include a variety of different tests such as walking heel to toe, saying the alphabet, balancing on one leg, touching your nose with the point of your index finger, and also the horizontal gaze nystagmus test, which is the test that the officer does when he or she looks into your eyes and asks you to follow a light or their finger with your eyes.

In the horizontal gaze nystagmus test, the officer is attempting to assess how smooth, or jerky, your eyes are when moving side to side. Police officers do not generally have any training in the physiology of the eye, and are typically are not qualified in court to testify as an expert regarding any eye dysfunctions. Therefore, it is best to refuse performing any FST for the officer.

Breathalyzers

After a person is arrested for DUI, the most common inquiry is what the blood alcohol level was. In Arizona, if someone is positive for a blood alcohol level of .08 or more, they are charged with DUI. If the level is .15 or more, the charge is Extreme DUI.
Of course, you can still be charged with DUI even if your blood alcohol level is lower than .08, if your driving has been impaired. There is medical literature arguing that a person becomes impaired at a blood alcohol level of .05.

Police officers most commonly use a breath testing machine called a "Breathalyzer" to determine the blood alcohol level of a driver. When someone consumes alcohol, it is absorbed into their bloodstream. Alcohol is water soluble and the vast majority of alcohol is absorbed through the stomach and small intestines. If you have food in your stomach, that will slow the absorption rate. Once, however, alcohol reaches the bloodstream, it is very quickly distributed throughout the body.

Blood is then pumped into the lungs, where alcohol then moves across the alveolar sacs in the lungs. The breathalyzer then attempts to measures the concentration of alcohol present in one's breath. This test is not 100% accurate, and there are several sources for error. Breathalyzers must be property calibrated and are sensitive to the temperature of the surrounding air and also of the subject. The machines can also give false readings.

Normally, it is advisable to take the breath test because refusing the test results in an automatic one year suspension of your license, regardless of the outcome of your DUI case and even if your DUI case gets dismissed.

If you have been arrested and charged with DUI, please contact our office for a personal consultation.

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Our lawyers practice in all areas of personal injury, medical malpractice, wrongful death law and criminal law throughout the Phoenix metropolitan area and all of Arizona including Phoenix, Ahwatukee, Apache Junction, Avondale, Buckeye, Casa Grande, Chandler, Douglas, El Mirage, Flagstaff, Florence, Fountain Hills, Gilbert, Glendale, Goodyear, Green Valley, Kingman, Lake Havasu City, Litchfield Park, Maricopa, Marana, Mesa, Nogales, Oro Valley , Paradise Valley, Payson, Peoria, Prescott, Queen Creek, Safford, Scottsdale, Sedona, Sierra Vista, Sun City, Surprise, Tempe, Tucson, Wickenburg and Yuma.