Phoenix DUI Lawyers

www.Phoenix-DuiLaw.com – Phoenix DUI Attorney Anthony Knowles discusses whether blood and breath tests for DUI arrests are required. The Knowles Law Firm handles all types of drunk driving charges DUI, extreme DUI, aggravated DUI, underage DUI, etc. Contact his office at 888-332-5621 for a free consultation!

Did you know in the state of Arizona, you could be charged with a DUI, even if your blood alcohol content (BAC) is below 0.08? The 0.08 is only one of a number of measurable standards that can be used to justify charging someone with a DUI.  If you are stopped, and tested for a DUI, and your BAC is not 0.08 or greater, you can still be charged with a DUI– In Arizona it’s called being “Impaired to the Slightest Degree”.

You can actually be charged if you are stopped for a minor traffic violation. Say you are stopped, and during questioning, or  for some other reason, the police officer learns you have been drinking or even taking medication, prescribed legally by a physician. You can still be charged with a DUI–a serious offense in Arizona. Many do not realize that they can be stopped or charged with a DUI, even if they have not had a drink, but may simply be on a prescription medication, or had just one drink or a combination of both, that causes an impairment in their ability to drive…even if it is a minimal impairment.

To add insult to injury, you should also know that if your BAC is 0.08 or greater, (which in and of itself justifies getting a DUI), you will actually be charged with two counts or two DUI charges in one DUI stop: 1) Impaired to the Slightest Degree and 2) BAC 0.08 or greater, which is above the legal limit.

It can easily happen to anyone, anytime, anywhere. Don’t allow the old adages, such as “I can handle my liquor” or “I won’t get a DUI, I just had one drink”, to give you a false sense of security, at least not in Arizona anyway.

Safe rules of thumb: 1) Be sure you know the laws of your state regarding DUI. 2) If you have taken medication that can cloud your judgment, cause drowsiness, or there is a warning on the label of the bottle don’t chance it behind the wheel, even if you have only had only one or a few drinks. 3) If you have to ask yourself “Am I OK to drive?” Then you probably are better off taking a taxi ride or calling a friend or family member to drive you home.  The cab fare or gas money for a friend is a lot less expensive, much safer for you, your passengers, or others on the road, and a lot less life altering than getting a DUI or getting in an auto accident. Don’t gamble with your future. Be smart…Give up the car keys.

For more information and to view DUI educational videos visit http://www.azduilaws.com.

Originally published here.

The less leeway there is in the charging and sentencing of DUI offenses, the harder it is to mount an effective defense to the charges.  An experienced Tuscon criminal lawyer has stated that Arizona’s DUI laws have evolved as they have gotten tougher so that the offenses are defined in great detail, the penalties are more mandatory than ever and are also strictly specified, and there is less room for judicial discretion or interpretation of the law, all of which make it harder than ever to defend against Arizona DUI charges.

But when it gets harder to create an affirmative defense, the plan then shifts accordingly?in those cases, the best defense really IS a good offense, and that is the strategy to pursue.  There are always points to make and flaws to find that can weaken the prosecution’s case enough that there isn’t enough left to sustain a guilty verdict.

The best way to building an effective defense is therefore about finding the cracks in the prosecution’s case and inserting your own causes of doubt into the voids:
?    Requesting independent testing of all samples
?    Looking at possible flaws in the methodology and practices of the testing used
?    Looking for inconsistencies in statements documented in police reports, interviews and case summaries
?    Looking for investigative errors like police procedures not followed, questions not asked or tests not done
?    Verifying the calibration and reliability of equipment, laboratories and test used
?    Double-checking the analysis of test results
?    Seeking testimony from expert witnesses and witnesses that weren’t questioned by police or whose statements were disregarded
?    Accounting for every minute of the investigative process to find unaccounted-for time that could open the door to errors or doubts
?    Double-Confirming each step in the chain of custody of samples and evidence
?    Looking at officer training on test administration

There is always a way to assert a vigorous defense in an Arizona DUI case, it’s just that sometimes a different approach is needed to find the flaws in the other side’s case.  When you need a Phoenix criminal lawyer who will dig into every detail of your arrest from the probable cause to the booking process until the gaps are found and who is ready to fight hard to defend you!

Originally published here.