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ARS 28-1385

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…


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…)


Best Tempe DUI Defense for Charges of Driving Under the Influence

Tempe DUI Lawyer Defense

With students back in school and part-time residents – or “snowbirds” as the locals might say – are slowly starting to arrive, Tempe restaurants, late-night clubs and local watering holes will be seeing an increase in customers consuming alcohol. In return, the City of Tempe DUI Task Force will be in full effect as well. In late August, there were already 147 DUI arrests near the ASU campus.

Getting a DUI charge in Tempe can be a very frightening process. You may feel fear over the potential consequences of your charges and a possible DUI/DWI conviction. To fight the charges, you also have to find the right criminal defense lawyer to ensure you don’t suffer maximum penalties.

DM Cantor’s DUI defense attorney team has the extensive experience of the DUI laws in Tempe and the defense know-how that you need on your side. You may have been arrested as part of a Tempe traffic stop or a DUI task force action. Either way, our team will work tirelessly to defend you against your charge of driving under the influence to ensure that the penalties are dismissed or reduced, altogether. (more…)


What is the Admin Per Se, Implied Consent Form?

Arizona Admin Per Se for DUI

When a driver in Arizona is suspected of driving under the influence of alcohol or drugs (DUI), that driver is provided with an Administrative Per Se Implied Consent Affidavit. Also know as the “Admin Per Se Form”, this Affidavit is a combination of Arizona DUI laws pertaining to ARS 28-1321 and ARS 28-1385 of the Arizona Revised Statutes.

The Admin Per Se Implied Consent Affidavit is a restatement of laws applying to arrest and suspicion of DUI, particularly that the person must consent to a breath, blood or urine test at the officer’s discretion. Drivers are first exposed to these laws when they obtain their driver’s license. Without individual signed consent at the time of licensure, a driver is not permitted a license.

If you have been charged with a DUI, speak with a DUI defense attorney immediately.
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Just as the Miranda Rights are always required to be read as an indication of individual rights and procedure during arrest, the Admin Per Se Implied Consent Affidavit is read to the arrested party, suspected of DUI, to remind them that they have already – by nature of having an Arizona driver’s license – provided consent for chemical testing when suspected of a DUI. (more…)


Denial of Right to Counsel – Arizona DUI Defenses

Denial of right to counsel is an important defense for DUI cases. When being arrested, you always have a right to legal counsel, but it is particularly vital in the case of a DUI arrest. If you are prohibited from talking to an attorney which prevents you from obtaining his advice, your body will naturally eliminate the evidence of blood alcohol content that can be used for or against you. The police may tell you that your blood alcohol content is above the legal limit, but it may not be; in the meantime, your body is burning off the alcohol, making the determination more difficult.

David Cantor explains the DUI Defense of Denial of right to counsel:

The key cases on this issue are Holland v. State of Arizona, Juarez v. State of Arizona, McNut v. State of Arizona, Edwards v. State of Arizona and the latest one, Penney v. State of Arizona. In Edwards v. State of Arizona, which went up to the United States Supreme Court, Mr. Edwards said, “I think I should talk to a lawyer.” The Court said that was equivocal, or ambiguous, and Mr. Edwards needed to be unequivocal when requesting a lawyer. Instead, Edwards should have said “I want to talk to a lawyer” or “I need to talk to a lawyer.” The minute you say this, the police have to get you to a phone and a phonebook in a private area so you can talk to a lawyer.

The Holland v. State of Arizona case deals with eleven specific questions a lawyer will ask you. These include, “what did you drink?”; “when did you start drinking?”; “when did you stop drinking?”; “when was the last time you ate?” Certain information needs to be known so the lawyer can approximate what your blood alcohol content will be so you can decide whether to submit to a blood or breath alcohol test. The attorney will also be able to tell you to request to be released in order to get an independent chemical test at a hospital.

The additional guidance a lawyer can provide is important. A lawyer can tell you not to answer any further questions, not to do any further physical tests, and probably get a blood or breath test because the police will likely get a warrant for it and get a test by force. But if you’re stopped for a DUI and you request a lawyer but were not given a lawyer or the police were not quick to respond, contact our firm. You can set up an appointment at www.DMCantor.com or call 602-307-0808 at any time to get a Free Case Review. An initial consultation is free and takes just 30 minutes.

Be sure to visit our DUI case victories for a sampling of DUI cases we’ve won in Arizona.


Statute of Limitations for Misdemeanor DUI in Arizona

In Arizona, many DUI offenses are classified as misdemeanors. Although the jail time and fines associated with different types of DUIs can vary based on whether it is a first or second offense and depending upon how high the blood alcohol level was, the statute of limitations in Arizona for misdemeanor DUIs remains the same.

Are you looking for the Statute of Limitations for Felony DUI? Click here.

Watch this short video where David Cantor explains the Statute of Limitations for a Misdemeanor DUI in Arizona:

What is the Statute of Limitations for DUI in Arizona?

Under A.R.S. § 13 – 107, misdemeanors in the state of Arizona have a statute of limitations of one year. This statute of limitations requires the State to formally file charges against you within that time period. According to ARS § 13–107 (E), the time limitation does not include any time in which your identity is unknown. The statute of limitations also begins once the State actually becomes aware of the offense. Although this typically means a year from when you are arrested for committing the DUI, there may be exceptions to this.

For example, if you are commit a DUI in Arizona while you are visiting and then leave the state, the statute of limitations will not include the time that you are no longer in the state. According to ARS § 13–107 (D), if you are on the run or entirely absent from the state, the statute of limitations is “tolled.” This means that the time period that the State has to bring charges against you is suspended until you are found or return to Arizona.

Another exception may exist if previous charges against you are dismissed before the time limit has expired. According to ARS § 13–107 (G), a new prosecution against you can begin anytime within six months after the dismissal has been finalized, or at the original one year mark; whichever is longer.

Since the laws regarding the statute of limitations for misdemeanor DUIs in Arizona can be quite complex, if you have questions about impending charges, you should call DM Cantor for a Free Case Consultation. We can be reached by phone at (602) 307-0808 or click here to send us an email using our secure and confidential form.


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