Defense Against DUI Charges And Drug Charges
You can be convicted of DUI in Arizona if you are driving a vehicle under the influence of drugs or alcohol and you are impaired to the slightest degree. See. A.R.S. §28-1381(A)(1). A chemical test is required to be convicted under A.R.S. §28-1381(A)(2) which calls for a blood alcohol reading of .080 or more of blood alcohol concentration in the body within two hours of driving.
If you have a blood alcohol concentration of .080 or more within two hours of driving, there is a presumption against you that you were in fact driving under the influence. This presumption is heavily considered by a jury when deliberating your guilt or innocence. If no alcohol is present, a Drug Recognition Evaluation may ensue pursuant to A.R.S. §28-1381(A)(3) to determine the presence of illegal drugs in the body.
Of course before a DUI investigation begins the police officer must have a valid reason to stop your vehicle. DUI officers are trained by the NHSTA to look for certain “cues” or observations of driving impairment. There are 24 driving cues listed by NHSTA. If there was no reason for the stop, the case must be dismissed for lack of reasonable suspicion of criminal activity.
Be Prepared For Various Tests
Assuming there was a valid stop, and you admit to drinking, a DUI investigation will probably ensue. This means the officer is going to have you do several field sobriety tests (FSTs) to determine whether you are capable of driving any further.
Outside conditions such as ongoing traffic, temperature, wind, rain, surface condition can have an impact on your ability to pass these tests. Also your personal conditions such as weight, age and health also come into play. After FST’s are conducted and the officer will most likely determine that you failed, he will give you a chemical test typically a blood test out on the roadside.
Whether you want to submit to a chemical test depends primarily on how much you consumed that evening along with other factors such as pattern of drinking; what you have eaten and when you last ate. There are many factors in an DUI case which must all be examined correctly; which is why its important to have expert legal representation for your DUI defense.