How To Fight DUI Case In Arizona

Some of the strictest DUI laws in the country are to be found in the state of Arizona. The amount of information that comprises these laws is overwhelming to anyone who is just starting to learn about them. That said, an understanding of these laws is the first step to fighting a DUI charge in Arizona state. That fight, and the steps that comprise it, is one that you can win. If you keep reading, I’ll show you how.

Whenever you are operating a motor vehicle, your primarily area of responsibility is safety: both yours and every other drivers’. If you have consumed any substance that impairs your awareness and reflexes, you are not being responsibly safe.

Let me say that again: you cannot be a safe driver if you are impaired by drugs or alcohol. Alcohol is a depressant and a sedative, and it reduces your ability to think, your ability to see, and your ability to respond quickly to changing circumstances. Even small doses of alcohol like those you may receive in over-the-counter remedies can make you an unsafe driver.

Nearly half of all highway deaths in the USA are alcohol-related. (Read that again please.) For this reason, the law disallows anyone from consuming alcohol or even having an open container of alcohol while operating a motor vehicle.

In the state of Arizona, if you get caught driving drunk, you are going to face some of the most serious Driving Under the Influence and/or Driving While Intoxicated charges in the country. The penalties for getting convicted of these charges are severe.

Fighting a DUI or DWI charge is a series of actions, each of which will either positively or negatively affect your lawsuit. Let’s look at the most important of those actions, and review how to best set yourself up to fight a DWI charge in Arizona.

The first step of fighting a DWI/DUI criminal charge is to examine the legal issue ‘probable cause’. If the police officer pulled you over, there must have been something that made the officer decide to do that. That thing is referred to as the officers ‘probable cause’. This is the first element that can be fought in court. Often, a traffic violation or some other lawbreaking is required before the officer can pull you over.

If the officer believes that you are disabled enough to qualify for a DUI or DWI charge, s/he may decide to detain you until they have adequately investigated the offense. If this happens, and after investigating the officer determined that he has enough evidence or strong enough probable cause to make an arrest for DUI or DWI, the officer will arrest you and take you in for further chemical testing.

The primary form of chemical testing used in Arizona is the breathalyzer. That said, you are not expect or required to take the breathalyzer test.

If you take the test, and you have a measured blood-alcohol content of .08% or more, you may find that your Arizona driver’s license gets suspended, and you lose the privilege of driving in the state of Arizona for the next 180 to 730 days. It’s best to speak with a DUI attorney about ‘practicable suspension lengths’ specific to your DWI conviction.

On the other hand, refusing a breathalyzer test will result in the automatic suspension and confiscation of your license. The officers will give you a temporary (paper) license, which will be good for thirty to forty-five days depending on which state you live in.

Your DUI/DWI case can be won if you play these opening scenes wisely – but you will need an attorney familiar with Arizona’s DUI laws to see if your case can be won in court. Talk to one today.