A DUI, driving under the influence, occurs when a person has physical control of a vehicle or is driving while under the influence (A.R.S. § 28-1381). A DUI in Arizona is no laughing matter and carries with it several consequences, of the least in excess of $10,000 in potential costs. Other consequences include: time served in jail; the need to breathe into a device attached to the steering wheel every 15 minutes to operate a vehicle; the necessity of drug screening or drug treatment; the necessity of community restitution; the possibility of driver’s privileges suspended; and several other potential consequences. A DUI has major consequences that can pose problems in other areas of life that can result in the loss of one’s home, the loss of one’s job and potential problems within the family with relationships.
An Arizona DUI can mean that a person is under the influence of any vapor containing a toxic substance, any drug or any intoxicating liquor. Also, a DUI in Arizona can result from a combination of these substances even if the person is impaired slightly. Further, an Arizona DUI can result when one has an alcohol concentration of 0.08 percent or more.
At any point a person is deprived of their freedom in a significant way or is otherwise taken into custody, they must be read their Miranda Rights. During the point a person is read their Miranda Rights, they are advised that they have the right to remain silent. As commonplace as Miranda Rights are, it is important that a person takes them seriously and remains quiet. For instance, a person that answers one set of questions may have those same responses used against him or her in court. It is best that a person remain silent and retain a lawyer to further protect their constitutional rights. If a person is not read their Miranda Rights, statements that are illegally obtained may be suppressed.
Various tests may be performed in order to gauge whether a person has been drinking or under the influence while driving. These may occur at the request, or coercion of an officer. While some tests are objective in nature, others are not. For instance, field sobriety and coordination tests require an officer’s opinion of whether a driver is drunk based upon their dexterity and balance. These forms of tests are occasionally videotaped. It is not in a person’s best interest that you perform subjective tests that can only be graded at the scene by the officer. It is always best to avoid a DUI type situation; however, it is important to contact a lawyer in the event this occurs.
Our law firm has many years of experience working with the judges in the following city courts: Mesa, Tempe, Scottsdale, Phoenix, Gilbert, Chandler, just to name a few. We handle criminal cases all over the State of Arizona.
Contact DM Cantor promptly if charged with a DUI or any other charge. Our offices are available 24 hours a day by calling (602) 737-2812 or by using our confidential web form. Please take time to review our DUI case victories from across the State of Arizona.