Arrested for a DUI in Arizona?

"Now that you've come into contact with the law, you've found out the dirty little secret. Anyone drinking and driving is subject to arrest, whether or not it was affecting their driving ability. But being arrested does not mean you will be convicted."

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DUI Cases Are The same As Other Criminal Cases

Posted by Ted Agnick, The Lawyer | Posted in Choosing A DUI Attorney, Misdemeanor DUI | Posted on 19-03-2009

keys2 DUI Cases Are The same As Other Criminal CasesDUI cases involve very unique aspects not commonly found in other criminal cases.  One significantly different area is your driver’s license consequences.  Most criminal cases do not involve driver’s license issues.  However,  DUI cases are loaded with driver’s license issues. In fact, this is one area where attorneys can save their client’s significant money.  Unfortunately, this is also an area where many lawyers make mistakes or neglect.  A lawyer can be a stellar criminal lawyer, however their unfamiliarity with driver’s license consequences will be one of the biggest barriers they face in providing good DUI representation.

In fact, many DUI prosecutors who switch their careers over to defending DUI cases have weaknesses in understanding driver’s license consequences and the process of dealing with the Motor Vehicle Department. (“MVD”)  This is because as prosecutors, they are not involved with MVD hearings, appeals, notices etc.  So when they switch sides, they are unfamiliar MVD and its processes.

Proper defense of DUI cases also requires a thorough understanding of “Field Sobriety Tests.” (“FSTs”)  All other non DUI criminal cases do not use FSTs.  These are unique to DUI cases and qualified lawyers need to be thoroughly familiar with them.  This is why I personally have paid for and attended training in administering FSTs and have the current FST training manuals in my office.

Most criminal cases do not involve breath testing machines.  Arizona, typically uses the Intoxilyzer 5000 or 8000 breath testing machines.  In order to properly defend a DUI case, the attorney must be thoroughly familiar with the Intoxilyzer in order to detect and identify all its problems.  That’s why I personally paid for and attended special training in Florida to participate in a breath testing course given to police.  It is also why I own my very own Intoxilyzer.  Regular criminal lawyers simply are not familiar with the breath testing machines, let alone thoroughly familiar with them.


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Comments

  1. Yes, each state has laws handling the revocation, suspension and the like of licenses. It’s best to get an attorney to help you understand it.

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