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ARS 28-1383

Arizona DUI Defense – Blood Test Inaccuracies for 2019

Arizona DUI Defense – Blood Test Inaccuracies for 2019

How to Defend against a DUI Charge in Arizona:  5 Ways Blood Tests Can Be Inaccurate

In Arizona, drivers may be charged with a DUI if their blood alcohol content is 0.08% or higher. Blood tests are widely accepted as being the most accurate way of determining blood alcohol concentration in drivers suspected of DUIs and are often the only objective evidence of a defendant’s guilt, making the validity of the test a central question in a DUI trial.

Chart Showing Blood Alcohol Count - BAC Readings

Source: Stanford University

According to Stanford University, the effects of BAC levels can vary from person to person, male or female, slender or heavier; even medication can play a significant role on the blood alcohol readings. Stanford has published a BAC Graph showing the levels of blood alcohol.

Contrary to popular belief, blood tests are not always conclusive in proving that a driver’s blood alcohol content was above the legal limit. As explained below, many factors affect the accuracy of blood test results.

If your case involved the taking of blood or urine during your DUI arrest, you will need to wait and see if your BAC results come back at a reading of .08% or greater. This process can take between one (1) and six (6) months for your results to return. In the event your BAC readings are above a .08% the officer will send a suspension of driving privileges to the Arizona MVD office. You will then be notified with a “Corrective Action Notice” (i.e., notice of suspension). As soon as you receive this from the DMV, speak to our certified Phoenix DUI Specialist immediately so we can start the DUI Defense process and request a hearing on your behalf. This hearing request needs to be done within fifteen (15) days of the date of that suspension notice.


How can blood alcohol test results be challenged?

Below are 5 common categories of problems that may lead to the dismissal of DUI charges against defendants who have undergone blood alcohol testing:

Click Here to Read Full Article…


Stopped at a Phoenix DUI Task Force Checkpoint

Stopped at a Phoenix DUI Task Force Checkpoint

What is the Arizona DUI task force?

The Arizona Governor’s Office of Highway Safety (GOHS) strives to prevent motorists from driving while impaired or intoxicated. AZGOHS awards grant funds to local law enforcement agencies, fire departments, and nonprofit organizations to reduce alcohol-related accidents, injuries, and fatalities. Funds are awarded based on the need for the project as determined by the ratio of the number of alcohol-related accidents and deaths to the total number of accidents and fatalities in the geographic area. The Phoenix, Arizona, Department of Public Safety (#AZDPS) DUI task force is a multi-agency effort with federal, state, and local law enforcement.

Despite the efforts of the Phoenix, Arizona, DUI task force to increase their presence on the highways, Phoenix parents still tried to drive under the influence of drugs and alcohol over the 2018 Halloween holiday. A 41-year-old woman taking six children under the age of 10 trick or treating in her SUV careened off the road and into a ditch at 8:30 P.M. on Wednesday evening. Her speech was slurred, and she reeked of alcohol when police arrived at the scene. Her blood-alcohol was twice the legal limit. She faces five counts of aggravated DUI, and she was drinking from an open container. Of course, she lost custody of the kids. In another incidence, a Phoenix police officer was injured when a vehicle rolled over onto him early Sunday at 27th Avenue and Camelback Road. The driver, charged with driving under the influence, was in possession of controlled substances at the time of his arrest.

What is a First DUI Arrest?

A first DUI arrest is not the end of the world, but you will do at least minimal jail time, pay a fine, and loss of your driving privileges. Your car insurance premiums will drastically increase when you get driver’s license back. When you get pulled over for driving under the influence of drugs or alcohol, you will be offered an opportunity to prove your innocence. The officer will decide what test of sobriety to provide you with. The officer may request that you get out of the car and walk in a straight line. If you refuse the test, your driver’s license will be suspended immediately.

How Can I Get My DUI Charges Reduced?

If you endangered children or injured others while driving under the influence of drugs or alcohol, you’ll face serious criminal charges. If your first DUI arrest involves an accident, our Phoenix DUI lawyer may be able to get your bail or charges reduced. Our lawyers can represent you in criminal court, traffic court, and civil court to try to salvage your rights and your freedom so you can return to work and your family or friends. Our criminal defense attorney can represent you in:

  • Criminal court
  • Drug court
  • Traffic agency hearings
  • DHS agency hearings
  • Civil litigation

…Click Here to Read the Full Article


Halloween East Valley DUI Task Force

David Cantor explains the East Valley DUI Task Force for Halloween:

Halloween East Valley DUI Task Force

Happy Halloween!  Tonight the East Valley DUI Task Force will be out in full force and pulling over anyone who has committed a minor traffic violation.  The East Valley DUI Task Force is best known for their Thanksgiving, July 4th and holiday DUI stops and arrests.  Halloween has become a party holiday where people dress up and go out to the bars rather than stay at home.  The East Valley DUI Task Force knows this and they saturate the streets and pull anyone over; especially near bars and areas full of night life.

If you are pulled over and had been drinking, you want to answer the same way as if you were being questioned for robbing a bank, “I am not going to answer any questions until I talk to my lawyer,” then call us 602-307-0808.  You want to provide as little evidence as possible and asking to speak to a lawyer will help you out tremendously.  Once you call us, we can advise you on whether to take any tests and what your next move should be.  If they don’t give you a phone call, we can get the case thrown out with the defense of “Denial of Right to Counsel“.  If they pulled you over on just a “hunch” we can get the case thrown out with “No Reasonable Suspicion to Stop”.

The safest way to not get pulled over is to not drive, take a cab and be safe.  We hope everyone has a fun and safe night!

If this situation applies to you, a family member or loved one, fill out a form on our website or call us at (602) 307-0808 to set up an appointment. It doesn’t cost you anything, but it takes about 30 minutes of your time, and hopefully we’ll be able to find a way out of this for you.

Be sure to check out our DUI case victories.  When interviewing lawyers make sure and ask them for recent case results for this crime.


Steps to Take If You’ve Been Convicted of a DUI

After a Happy Hour that turned into a couple of hours, you grabbed your keys, said goodbye to your co-workers, and walked to your car. Feeling “buzzed” you decided to take the route home you know well. Halfway home you saw flashing lights behind you and were pulled over by a cop. He said you didn’t make a full stop at the stop sign; you have no recollection.

He asked you if you have been drinking, you tell the truth, “a few,” and he asked you to get out of the car. You passed the Field Sobriety Test but failed the Breathalyzer. You are now facing a DUI conviction.

No one plans on getting a DUI, but it can even happen to the people who just “have a few” after work with some friends. Without a doubt, drinking and driving is a serious offense that can lead to accidents and put lives at risk; it can also be life-changing for those who are convicted.

It’s important to remember that a DUI conviction varies and depends on the circumstances and the state in which you live. Here are some general steps to take if you’ve been convicted of a DUI:

Legal Advice

Whether it’s your first DUI or a subsequent offense, seeking legal advice is always a good idea. Unless you have a strong legal background and thoroughly understand your state’s laws concerning DUIs, find an attorney you like and can trust. If you’re on the fence about hiring one, most attorneys offer a free consultation.

If you do decide to hire an attorney, he or she will help you understand all the details of your case and explain all possible consequences. Remember, you are innocent until proven guilty, but it depends if you go to court and how you plea.

Go to Court

If you have a court hearing, don’t skip out. Some people, facing a conviction, miss their court date and face more trouble later on. It’s not worth the extra legal issues. Whether you’re pleading guilty or not, go to court.

Consider Alternate Punishments

If you have clearly violated your state’s drunk driving laws and have been convicted of a DUI, your best option is to face the consequences. An attorney will help you determine whether or not you truly violated the law. As a first time offender, you are likely to be given a hefty fine, a suspension of your license, and maybe even jail time.

Depending on the details of your conviction, your judge may offer, recommend, or enforce alternativepunishments for your DUI conviction. In some cases, he or she may offer these as a substitute or “credit” towards jail time or fines.

Be Cooperative

We’ve all seen the courtroom dramas where the defendant acts out and is charged with “contempt of court.” It makes for good tv, but it will never be in your favor if you fail to cooperate. Believe it or not, a bad attitude won’t help you out when you’re facing a DUI conviction.

The best step to take, once you’ve been convicted of a DUI, is to never put yourself in the situation to get a subsequent DUI.

 

 


Can I make payments on DUI fines in Arizona?

When you are convicted of DUI in Arizona or any other criminal charges, it is critical that you pay the court fines and fees on time. By not paying these or meeting the requirements of any payment arrangements, you can be required to serve jail time and may suffer even greater expense due to interest charges and other added fees. If you are facing charges, it is important to enlist the help of an experienced Arizona DUI criminal defense attorney. Such an attorney can help you throughout your case, even possibly helping you to gain lesser charges or reduced sentencing and fines.


Payment Options Do Exist for Defendants in Arizona

Arizona DUI defendants ordered to pay fines or fees can receive an option from the courts to pay the fees in (more…)


Does having a DUI affect getting hired?

Convicted of a Crime on Job Application

 

Finding a job in today’s economy can be tough. Although that is a difficult task on its own for the best of candidates, adding an Arizona DUI conviction to your record can make a job search even more problematic. At best, you may find yourself embarrassed about your poor decision-making that led to DUI charges. At worst, you may not be able to work in your chosen field, travel to other countries without extra hassles or maintain the trust of your peers when you do gain a position. Even just getting to work each day can be made difficult, if you have a suspended or revoked driver’s license.

If you are charged with DUI in Arizona, it is very important that you seek the advice of a licensed Arizona DUI defense attorney. Through the help of an experienced lawyer, you can fight the charges for a possible dismissal or reduction of those charges or reduced sentencing. (more…)


How to Remove a DUI off My Record ARS 13-907

When you are arrested or convicted of drunk driving, resulting criminal charges can heavily affect your daily life. You may lose your job, struggle to find a new position, get expelled from college and even suffer credit problems. Your insurance is likely to cost more. Also, if you are in politics or hold other positions scrutinized by the public, you will likely experience trouble gaining those roles in the future – if you are eligible to hold office, at all.

In Arizona, if you have been convicted of DUI you may be eligible for a Set Aside (ARS 13-907). A Set Aside is similar to expungement of criminal records in other states. To find out if a Set Aside will work to clear DUI conviction from your criminal record, call DM Cantor.


What a Set Aside / Expungement can do for DUI Convictions

Depending upon the circumstances of each individual’s case, it is often possible to have a DUI, drug-related or other conviction removed from your public record by a lawyer for expungement or Set Aside. First, you must complete all of the conditions of your sentence and associated probation. If you have achieved this and have otherwise cooperated as you should, the court may agree to have your DUI or criminal records Set Aside. This means that the conviction will be cleaned from your record, as if you were never found guilty. (more…)


False DUI Breathalyzer Results from Foreign Substances

When you are suspected of DUI and administered a breathalyzer test, there are a multitude of substances that can affect your test results. Even if you have not been drinking alcohol, you can still be arrested if your breathalyzer test registers over the national legal limit of 0.08 percent for blood alcohol content (BAC).

When a proper defense is needed for your breathalyzer test results as part of a DUI case, it is important to get the help of a lawyer as soon as possible. Your criminal defense attorney can help you build a strong, aggressive defense against these charges.


What Causes Breathalyzers to Register Positive for BAC?

When you have not been drinking, but have a positive result for BAC during a breathalyzer test, there are several things that may have caused this “false positive.” These include asthma inhalants, administered by patients directly through a device much like a breathalyzer, called an inhaler. (more…)


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