DUI Defense Lawyers FAQ in Phoenix Arizona
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- What's a BAC and why is it important?
- What does "actual physical control of a motor vehicle" mean?
- Do I have to answer any questions when I'm stopped?
- What questions can an officer ask me when I'm stopped?
- What if I refused to give a blood, breath, or urine sample when I was stopped?
- What are FSTs and HGNs?
- Can I be charged with DUI if the officer stopped me but did not give me a citation other than the DUI charges?
- Can I be charged with DUI even if I'm on private property?
- If the officer didn't read me my rights, will my case be dismissed?
- If I intend to plead guilty, will I still need an Attorney?
- What's a BAC and why is it important?
Your BAC (Blood Alcohol Content) is evidence of how impaired you were at the time you were driving (or in "actual physical control" of the vehicle). Even if your BAC is less than 0.08, you can still receive a DUI if the police officer believes you are impaired to the slightest degree. If your BAC is 0.08-0.14 within two hours of driving, you will be charged with a DUI. If your BAC is greater than 0.15 within two hours of driving, you will probably be charged with extreme DUI which, if you are convicted, results in more severe penalties. If your BAC is 0.20 or higher, you will probably be charged with super-extreme DUI and you will face even harsher penalties.
Our experienced DUI Defense Attorneys in Phoenix will help confirm whether the BAC equipment used was properly calibrated and whether the officer giving the BAC test was adequately trained. All of these factors have an impact on the outcome of your case.
- What does "actual physical control of a motor vehicle" mean?
The State can charge you with DUI if you are sitting in the driver's seat and the car is running, whether or not it is moving. If you are able to reach the steering wheel and control the pedals, you will probably be charged with "actual physical control." Whether you were in actual physical control is a question of fact best answered by an Attorney.
- Do I have to answer any questions when I'm stopped?
You are not required to answer any questions. You always have the option to request the advice of a DUI Attorney and remain silent; but if you have already answered any questions, your answers can be used by the prosecution, as well as by your DUI lawyer in Tempe.
- What questions can an officer ask me when I'm stopped?
You may be asked:
- The current status of your driver's license
- Whether you are ill or hurt
- Whether you have taken any medication within the last 24 hours
- When and where you last ate
- How much sleep you have had
- How long you were driving before being stopped
- Where you were coming from and going to
- What and how much you have had to drink, and when
- Other questions about your drinking, and your estimate of your ability to drive
- What if I refused to give a blood, breath, or urine sample when I was stopped?
If you refused, you may be subject to additional penalties from the Department of Motor Vehicles. You should consult an Attorney to assist you in addressing and minimizing these additional consequences.
Your DUI lawyer in Scottsdale may engage an expert to review any information you have given to make a determination as to your actual blood alcohol content at the time you were operating the motor vehicle, which can result in a strong defense for your case.
- What are FSTs and HGNs?
FSTs are Field Sobriety Tests. They include various coordination tests (standing on one foot and balancing, reciting the alphabet, walking and turning in a straight line). Horizontal Gaze Nistagmus (HGN) is a test requiring you to follow an object with your eyes from side to side without turning your head.
- Can I be charged with DUI if the officer stopped me but did not give me a citation other than the DUI charges?
Yes. Usually a DUI arrest arises out of a traffic violation (speeding, running a stop sign, illegal turns, or even a broken taillight), but officers can stop vehicles for other reasons. The Courts do require, however, that the officer have a "particular suspicion" that you were engaged in criminal activity. Officers cannot stop you based on a hunch. The question of whether the officer had the required particular suspicion is best addressed by your Attorney.
- Can I be charged with DUI even if I'm on private property?
Yes, you can be charged with DUI whether you are on the highway, on a street, or on private property. All that is required is that you be in actual physical control of a motor vehicle while impaired.
- If the officer didn't read me my rights, will my case be dismissed?
Even if the officer fails to read you your Miranda rights, the case will not be automatically dismissed. Your Attorney may be able, however, to suppress any statements you made following your arrest.
- If I intend to plead guilty, will I still need an Attorney?
An experienced DUI Defense Attorney may be able to help minimize your legal consequences, even if you decide to enter a guilty plea. Your criminal defense Attorney is there to provide you with a balance of power between yourself and the prosecution. We will work to protect your Constitutional rights.
If you have been charged with a DUI offense, contact the experienced DUI Defense Lawyers in Phoenix Arizona, OWENS & PERKINS, P.C. at: 1-877-237-5966. After hours at 480-266-0000.
