Arizona dwi lawyer dui attorney

Arizona dwi lawyer dui attorney
Arizona DUI Law Explained
Driving under the influence of any drug or alcohol is a very serious crime in Arizona. There are several classifications of DUIs in Arizona. Depending on the facts of the case, the case may be brought as a felony or as a misdemeanor. Felonies are much more serious, and may involve exposure to prison time (as opposed to jail time in a county or city jail). Below is a brief outline of the various DUI and related vehicular charges in AZ.


Misdemeanor DUI's
It is illegal to drive or be in actual physical control of a motor vehicle in Arizona while:


Basic DUI: Impaired to the slightest degree by alcohol or drugs.


Commercial DUI: Body alcohol content above 0.040 and driving a commercial vehicle.


Minor DUI: Under 21 years old with any alcohol in system.


Per Se DUI: Body alcohol content above 0.080 within 2 hours of driving.


Extreme DUI: Body alcohol content above 0.150 (extreme DUI) within 2 hours of driving.


"Super Extreme" DUI: Body alcohol content of .200 within 2 hours of driving.


Drugs DUI: An illegal drug OR its metabolite in your system (no impairment required).
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Felony DUI's
It is a very serious felony in Arizona to commit any of the above misdemeanor DUI offenses while any of the following apply:


Aggravated DUI Priors: You have 2 or more prior DUI convictions in Arizona or in another state within 7 years of the arrest.


Aggravated DUI Restricted License: Your privileges to drive are revoked, suspended or restricted at the time you are charged with DUI in Arizona.


Aggravated DUI with Child in Vehicle: You have a child under 15 years old in the vehicle.


In Arizona, DUI penalties depend on the level of the charge, and on your criminal record. A previous DUI conviction counts against you as a prior if the arrest date occurred within 7 years (84 months) of the current arrest date.


First Offense Impaired to the Slightest Degree or BAC above .080
Jail:
10 to 180 days in jail. Minimum of 10 consecutive days in jail. The court may suspend 9 of the 10 days if you agree to get an alcohol and/or drug evaluation, and submit to treatment.
Fines & Costs: 
Aproximatey $1,800.00, plus jail costs. The more jail time that is imposed, the greater the cost.
License: 
The MVD will suspend your drivers' license for 90 days. You may be elibible for a work/school permit after the first 30 days of the suspension.
Counseling: 
If convicted you must get a substance abuse evaluation and comply with any recommendation or be subject to additional jail time.
Probation: 
You may be placed on probation for up to five years.
Community Service: 
The court may order you to perform community service in addition to any other penalty imposed.
MADD Victims' Impact Panel: 
The court may order you to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panel. 
Ignition Interlock Device: 
Required for 12 months.
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Second Offense Impaired to the Slightest Degree or BAC above .080
Jail: 
90 to 180 days in jail. Minimum of 90 consecutive days in jail. The court may suspend 60 of the 90 days in jail if you successfully complete all recommended treatment and counseling.
Fines & Costs: 
Aproximately $3,500.00 in fines and costs, plus jail costs. The more jail time imposed the greater the additional costs. NOTE: Jail costs can amount to thousands of dollars in addition to the fines and costs.
License: 
Your drivers' license will be revoked for one year. Reinstatement of license is not automatic. You are not eligible for a work permit during the period of revocation.
Counseling: 
If convicted you must get a substance abuse evaluation and comply with any recommendation or be subject to additional jail time.
Probation: 
You may be placed on probation for up to five years.
Community Service: 
The court must impose a minimum of 30 hours of community service in addition to any other fine imposed.
MADD Victims' Impact Panel: 
The court may order you to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panel. 
Ignition Interlock Device: 
Required for 12 months after license reinstatement.
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First Offense Extreme DUI
(BAC .150 - .199)
Jail:
Arrests Before 9/26/08: 30 to 180 days in jail. Minimum of 30 consecutive days in jail. The Court may suspend 20 of the 30 days if you successfully complete all recommended counseling and education.
As Of 9/26/08: 30 to 180 days in jail. A judge may not suspend any portion of the minimum 30 day sentence.
Fines & Costs: 
Aproximately $3,000.00 in fines and costs, plus jail costs. The more jail time imposed the greater the additional costs. NOTE: Jail costs can amount to thousands of dollars in addition to the fines and costs.
License: 
The MVD will suspend your drivers' license for 90 days. You may be elibible for a work/school permit after the first 30 days of the suspension.
Counseling: 
If convicted you must get a substance abuse evaluation and comply with any recommendation or be subject to additional jail time.
Probation: 
You may be placed on probation for up to five years.
Community Service: 
The court may impose community service.
MADD Victims' Impact Panel: 
The court may order you to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panel. 
Ignition Interlock Device: 
Required for 12 months after license reinstatement.
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Second Offense Extreme DUI
(BAC .150 - .199)
Jail:
Before 9/26/08: 120 to 180 days in jail. Minimum of 120 consecutive days in jail. The Court may suspend 60 of the 120 days if you agree to get an alcohol and/or drug evaluation, and submit to treatment.
As of 9/26/08: 120 to 180 days in jail. Minimum of 120 consecutive days in jail. The Court may not suspend any of the 120 days, making the term mandatory.
Fines & Costs: 
Minimum of aproximately $3.750.00 in fines and costs, plus jail costs. The more jail time imposed the greater the additional costs. NOTE: Jail costs can amount to thousands of dollars in addition to the fines and costs.
License: 
Your drivers' license will be revoked for one year. Reinstatement of license is not automatic. You are not eligible for a work permit during the period of revocation.
Counseling: 
If convicted you must get a substance abuse evaluation and comply with any recommendation or be subject to additional jail time.
Probation: 
You may be placed on probation for up to five years.
Community Service: 
The court must impose a minimum of 30 hours of community service in addition to all other penalties imposed.
MADD Victims' Impact Panel: 
The court may order you to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panel. 
Ignition Interlock Device: 
Required for 12 months after license reinstatement.
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First Offense "Super Extreme" DUI
(BAC .200 or higher)
Jail: 
45 to 180 days in jail. The court is not allowed to suspend ANY of the minimum 45 consecutive days in jail.
Fines & Costs: 
Aproximately $3,250.00 in fines and costs, plus jail costs. The more jail time imposed the greater the additional costs. NOTE: Jail costs can amount to thousands of dollars in addition to the fines and costs.
License: 
The MVD will suspend your drivers' license for 90 days. You may be elibible for a work/school permit after the first 30 days of the suspension.
Counseling: 
If convicted you must get a substance abuse evaluation and comply with any recommendation.
Probation: 
You may be placed on probation for up to five years.
Community Service: 
The court may impose community service.
MADD Victims' Impact Panel: 
The court may order you to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panel. 
Ignition Interlock Device: 
Required for 18 months after license reinstatement.

Second Offense "Super Extreme " Extreme DUI
(BAC .200 or higher)
Jail: 
180 days is jail (no sentence range). That means that if convicted of this offense, the Judge has no choice but to sentence you to 180 days in jail. Of the 180 day sentence, 90 days must be served consecutively, leaving another 90 days to be served after that.
Fines & Costs: 
Minimum of aproximately $4,500.00 in fines and costs, plus jail costs (which could be more than $12,000.00).
License: 
Your drivers' license will be revoked for one year. Reinstatement of license is not automatic. You are not eligible for a work permit during the period of revocation.
Counseling: 
If convicted you must get a substance abuse evaluation and comply with any recommendation or be subject to additional jail time.
Probation: 
You may be placed on probation for up to five years.
Community Service: 
The court must impose a minimum of 30 hours of community service in addition to all other penalties imposed.
MADD Victims' Impact Panel: 
The court may order you to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panel. 
Ignition Interlock Device: 
Required for 24 months after license reinstatement.
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Class 4 Felony Aggravated DUI
(3rd DUI w/i 7 Years or DUI w/ License Suspended or Restricted)
Jail: 
4 months in prison at a minimum before you are eligible for probation, pardon, commutation or suspension of the sentence, or release on any other basis. If you were driving a vehicle you owned at the time of the DUI arrest that led to your conviction, the Court may take your vehicle as well.
Fines & Costs: 
Up to $150,000.00 in fines, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund. (Plus an additional $1,500.00 assessment for arrests after March 13, 2004).
License: 
Your drivers' license will be revoked for three year
Counseling: 
Your drivers' license will be revoked for three year
Probation: 
You may be placed on probation for up to five years.
Ignition Interlock Device: 
Yes

Class 6 Felony Aggravated DUI
(w/ a child under 15 years old in vehicle)
Jail: 
A person convicted under this section will have to serve at least the minimum sentences for the misdemeanor DUIs described above if the offense would have been a misdemeanor but for the presence of the minor child. If you were driving a vehicle you owned at the time of the DUI arrest that led to your conviction, the Court may take your vehicle as well.
Fines & Costs: 
Up to $150,000.00 in fines, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund. (Plus an additional $1,500.00 assessment for arrests after March 13, 2004).
License: 
Your drivers' license will be revoked for three years
Counseling: 
You may be placed on probation for up to five years.
Probation: 
You may be placed on probation for up to five years.
Ignition Interlock Device: 
Yes


Arizona DUI Process
When you are accused of a crime, you are no longer a citizen in the eyes of the government... you are an accused, a defendant.
In court, you are entitled to a presumption of innocence.
Prosecutors, some judges, and many jurors don't see it that way. To them, you are guilty as charged. The process is a mere formality, an annoyance that must be tolerated. A ceremonial dance of "moral glory" prior to convicting you and putting you in jail or prison. Sometimes prior to murdering you in the name of the State.
The DUI Process in Arizona, like other criminal charges, is governed by the Arizona Rules Of Criminal Procedure. These rules set a basic framework for how your case will proceed through the courts. The process varies a bit from court to court, and county to county, but on the whole you can expect as follows:
The Stop and Arrest
Most DUI arrests start with a simple traffic stop, either in the form of a traffic violation observed by the officer such as speeding, driving without headlights, running a red light, etc. Some arrests originate from a roadblock at a sobriety checkpoint. Some occur after an accident or breakdown. See "What Police Look For" for more information on the stop and arrest process.
Once you are arrested, the officer is required to read you your "Miranda" rights, which include the right to remain silent and to an attorney. You may be taken to a police station or hospital for a chemical BAC test, or this may be done at a mobile BAC station.
The Booking Process
Most people arrested for simple DUIs will not be booked into jail. If you are you will be searched, fingerprinted, asked some routine questions, probably photographed (the "mug shot") and then locked up.
Friends and family of a person who has been arrested can get information from the jail as to where the person is being held, bail information, time and place of next court date, etc.
Investigations Following Arrest & Charging Decision
For a simple first time DUI arrest, the police will likely have all the information they will need following your immediate release after processing (except that they may need to wait for the BAC results in the case of a blood test).
For some felony DUIs, however, the police and prosecutor's offices may need to investigate your prior criminal and DUI record, and ascertain the status of your license before deciding which DUI charge is right for your case. This may take some time, especially if you have an out of state license, or have a record in another state.
When law enforcement has adequate information to issue the charge(s), they will generally file.  If you are arrested for a misdemeanor DUI, the police officer will often issue you a citation to a county justice court or a city municipal court, and give you a court date immediately.
For felonies, the county attorney's office will decide which charges are likely to "stick", and file accordingly. Some of the larger municipalities may also have prosecutors who decide which charges to issue. All felonies will be prosecuted in superior court, as opposed to justice or city courts, which handle primarily misdemeanors, petty crimes, and civil traffic citations.
First Appearances, Preliminary Hearings, Arraignment & Bail
If you are in custody after your arrest, you will generally be given a hearing within 24 hours. At this first appearance, the Judge will first visit the issues of Bail and other conditions of release. Bail is usually granted, the only question is how much? The main purpose of bail is to assure that the defendant will appear for the next hearing. If the defendant fails to appear, the bail will usually be forfeited (and the money lost), and a warrant will be issued for the missing defendant's arrest.
A preliminary hearing is necessary in all felony cases, except when the charge is initiated by a grand jury indictment. Assuming that the charge has been initiated by the prosecutor filing an information, then the preliminary hearing is where the Judge will decide of there is sufficient evidence ("probable cause") to send the case to Superior Court for trial proceedings. At the preliminary hearing, bail can be adjusted if it was already set, or imposed if it has not yet been set.
A defense attorney can make a motion that his/her client be released on "OR" or on their "own recognizance. This is ideal, because if granted, then the Defendant will not have to post bail. Factors that weigh in favor of an OR release include ties to the community, prior criminal history or lack thereof, standing in the community. The fact that an attorney has been hired may indicate to some Judges that you are taking the charges seriously and are committed to appear and act responsibly.
The arraignment is where the Defendant is formally informed of the charges in open court, and asked to enter a plea. The plea must be guilty, not guilty or no contest (which is essentially the same as guilty). If the defendant does not answer, the court will enter a plea of not guilty. With very few exceptions, we recommend entering a plea of not guilty at any DUI arraignment in Arizona.
Pretrial Conference
At the pretrial conference, your attorney will have a chance to negotiate with the prosecutor. If the State offers a "deal," your attorney should then discuss that deal with you and explain the pros and cons of taking it. It may be possible to get a better deal by pushing the litigation further and not accepting a deal at the pretrial conference... on the other hand, it may close the door to any "deal" other than a guilty plea. A plea of guilty as charged is not to be considered a "deal" (in our opinion) unless there are greater charges that can be added if you don't accept, or if the punishment the State is offering to recommend is less than what you would likly get if you went to trial and lost.
Motions or Evidentiary Hearings
At motions or evidentiary hearings (which are almost always brought by the defendant's attorney), the Judge will decide such issues as the admissibility of certain evidence (whether the Jury will be allowed to learn about the breath test, for example), as well as certain procedural issues. Depending on the nature of the motion, the arresting officer and/or other witnesses may testify at these hearings.
The Trial
Most DUI trials are tried to a jury. As a DUI defendant in Arizona, you have an absolute right to a trial by jury. In rare instances, it may be to your advantage to waive your right to a jury trial and opt for a bench trial (a trial to a judge). In all trials, both jury and bench, the judge decides all issues of law and procedure. In a jury trial, the jury decides the issues of fact based on instructions given by the judge. In a bench trial, the judge is the sole finder of fact.
Jury Selection
In a jury trial, the first (and arguable most significant) thing is the selection of a jury. A pool of potential jurors supposable representing a cross section of the local society (i.e., "a jury of your peers) will be brought in. From this group of people, the jury that will hear your case will be selected. Depending on the court, the judge, your lawyer and the State's lawyer will ask each juror questions. From their answers, the attorneys will try to determine bias for and against their client. If a juror shows obvious bias and can't put that bias aside to fairly determine the case, that juror may be excused (eliminated) from the jury pool "for cause." If cause is not found, either lawyer may remove the juror using a preemptory challenge, which can be exercised for almost any reason (not race).
JURY SELECTION, in my opinion, is the most critical portion of the trial. You can pick one juror who is dead set against convicting, and the best the State can do his "hang" the jury and cause a mistrial (after which the charges may be brought again). You can also pick a juror who has hidden prejudice against DUI defendants, and will always side with the State no matter what the evidence shows. If this is the case, unless the juror caves in during deliberations, you have no chance of winning an acquittal (a not-guilty verdict) which preclude refilling of the charges (because of the Constitutional prohibition against double jeopardy, or being twice placed in danger of being convicted for the same crime).


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Opening Statements
The opening statement is a chance for both the prosecutor and defense attorney to give the jury a preview of the evidence to come. It can set the tone for the entire trial. The prosecutor has the burden of proof, and therefore gets to go first. The defendant's lawyer can either make an opening statement directly following the prosecutor's opening, or wait until the prosecutor has submitted all of the State's evidence and rested. Depending on the circumstances, it may be prudent for the defense to defer the opening statement until after the State has rested in order to 1) see what the evidence shows; and 2) keep an element of surprise.
Presentation of the State's Case
The prosecutor will then present the State's evidence. Usually, in a DUI trial, the prosecutor will present the case in chronological order, beginning with the officer who made first contact with you or the citizen who reported you. The arresting officer will almost always talk about how badly you were driving, or describe the accident scene, talk about the "signs and symptoms of impairment," including bloodshot, watery eyes, flushed face, slurred speech, the odor of intoxicating spirits. If you made admissions to the officer such as consuming any quantity of alcohol, that will be introduced. If you submitted to the field sobriety tests, the officer's training and experience in giving the tests will be discussed. Then the officer will tell all of the ways you failed the tests, and why it indicated that you were impaired. The officer will usually be asked to explain the concept of "divided attention," which roughly means that when you are chemically impaired you can't multitask (or divide your attention) between the many simultaneous actions and decisions that it takes to safely drive. Then the officer will be asked to talk about the warnings that he gave you, and whether you submitted to a chemical test or not. If you refused to take a chemical test, the implication will be that you refused out of a "consciousness of guilt."
At the close of the State's evidence, the Defense may make a motion to dismiss because the State failed to present evidence which could lead to a conviction. Assuming that the case is not then dismissed...


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Presentation of the Defendant's Case
If the Defendant's opening statement has been reserved, this is the time for the defense lawyer to make it. Then the Defendant's case is presented, if the Defendant puts on evidence. If the State's case is weak, sometimes it makes sense not to put on any additional evidence. The Defendant may testify, but can't be made to do so. Additionally, in some cases, we advise our clients to utilize an expert witness to refute or explain evidence such as breath or blood tests.
Closing Arguments (Summation)
The closing arguments are the last part of the trial where the lawyers have a chance to sway the jury towards their point of view. Closing arguments are presented in three parts. The prosecutor argues, then the defense attorney argues, and then the prosecutor gets the last word (again, because the State has the burden of proof).
Juring Deliberations
After the closing statements, the jury retires to the jury room to discuss the case and render a verdict. Assuming they reach a verdict, it is then read in open court. If they can not reach a verdict, then the jury is considered to be "hung" and the case ends in a mistrial.
Sentencing
Sometimes sentencing occurs immediately after a guilty verdict or a plea of guilty or no contest. Other times there is a delay of up to 30 days before sentencing. At the sentencing hearing, the judge will consider factors that might make him/her deviate from the standard or "presumptive" sentence.
Appeal
Based on legal issues brought out during a pretrial motion, or at trial, a Defendant may appeal a conviction all the way up to the Supreme Court.


Challenges and Defenses to an Arizona DUI charge
Challenges to the Arizona DWI stop:
The officer didn't have a valid reason to pull you over.
Civilian witness called in complaint, but his information is not reliable and he is unavailable.
No police officer actually saw you driving.
Challenges to probable cause to arrest:
The officer didn't have enough to arrest you.
The officer didn't use proper technique and graded you unfairly.
Motions to suppress evidence:
Your Miranda 5th Amendment rights were violated.
You were not warned of your implied consent rights.
The police searched your vehicle illegally.
The police coerced you into performing field sobriety tests.
The police lied.
The police manufactured evidence.
BAC not within 2 hours of driving and not enough evidence to relate it back to within 2 hours.
Arizona DUI Breath test challenges:
The test was improperly given.
The operator was not certified.
The machine was broken.
The maintenance records were not provided per your attorney's request.
You had something in your mouth.
The manatory observation period was not followed.
Radio frequency interference.
Your body temperature was higher than the Intoxilyzer presumes, thereby falsely elevating the reading on your breath test.
Blood Test Challenges in AZ:
The phlebotomist was not trained properly.
Proper blood draw procedures were not followed.
The chain of custody of the sample is deficient.
The sample is tainted or contaminated.
The criminalist is not certified.
Not your blood sample.
Challenges to DUI Field "Sobriety" Tests:
Not rationally related to one's ability to drive an automobile.
Not applied correctly.
Not scored properly
Officer not trained.
Officer not experienced.
injuries prevented fail application of test
The defendant is overweight and can't do the tests well
The defendant is older and can't do the tests because of age
Challenges to Arizona Felony Aggravated DUI:
License not actually suspended.
Defendant was not aware of license suspension.
State can't prove prior convictions.
State can't prove age of passenger.

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IMPORTANT NOTE ABOUT DUI CHALLENGES:
The DUI challenges above are only a small sample of the potential defenses that might be raised in your case. Every Arizona DUI case is different. It is important to have a DUI attorney do a careful investigations of the law and facts in your case before deciding whether a specfic defense applies.


Breath Testing In Arizona
Breath testing in Arizona DUI investigations is junk science. It is not precise, and can print out a result that is more than DOUBLE the actual amount of alcohol in a DUI suspect's system. The average person trusts the results from the machine out of ignorance, and a strong marketing campaign by law enforcement, prosecution and the machines' manufacturers.
In Arizona DUI cases, breath testing generally falls into two categories:
1. A preliminary breath test (or PBT);
2. An evidentiary breath test.
PRELIMINARY BREATH TESTING

The preliminary breath test (PBT) is a handheld model used in the field (as distinguished from the larger evidentiary breath test models such as the Intoxilyzers covered below). They typically have an LCD readout, and lack the ability print the result.
In Arizona, the PBT is generally not admissible into evidence in court. This means that the prosecutor and police can not use the results against a person accused of DUI in Arizona in trial. Furthermore, a suspect has an absolute ability to refuse to submit to this test and it can not legally be held against them.
Why is this test used then? The preliminary (sometimes referred to as the portable breath test) is a tool used by law enforcement to establish probable cause to arrest a person, and also to give the officer a ballpark estimate of what an evidentiary breath test or blood test might produce. If you pass all of the field "sobriety" tests (which we don't recommend you take) and blow above or close to the legal limit on the PBT, the officer will likely arrest you despite your good performance on the field tests. The officer can then rely on the results of this test to convince a Judge in your DUI or MVD hearing that your arrest was legal.
Another recent use for the PBT has been in impounding vehicles for extreme DUI. In jurisdictions such as Scottsdale which take almost exclusively blood tests, an officer can easily justify impounding your vehicle for 30 days if you blow a 0.150 or more on the PBT. On the other hand, if you politely refuse to take this test then there is usually not enough evidence to sustain a decision to impound.
What if I know I'm below the legal limit... should I blow into the PBT?
No, you shouldn't. The reason is that these machines are inaccurate, and if you blow it could make the difference between you being arrested or not. On the other hand, the officer will probably arrest you if you refuse. Nevertheless, we think the better course of action is to politely refuse and let a blood test sort it out (see below discussion of the right to an independent test).
PBTs are good party entertainment, and they are very useful in determining if there is alcohol in a persons system. However, they are not good at predicting a specific alcohol level, and they are not designed to detect impairment.
The most common PBTs are the Intoxilyzer 300 and the Alco-Sensor.
EVIDENTIARY BREATH TESTING

There is only one manufacturer which makes a current generation line of breath testing machines that is approved for use in Arizona DUI cases. That manufacturer is CMI. This company makes the Intoxilyzer of breath testing machines.
Most people refer to this type of machine as a "breathalyzer." This is technically incorrect, as breathalyzer, like Intoxilyzer, is a brand name. Breathalyzers are not used in Arizona DUI investigations.
CMI's newest machine in the Intoxilyzer line is the Intox 8000 (pictured to the right) and it is in use in various jurisdictions throughout Arizona. The older machines that are still in use are the Intox 5000 line (shown in the picture above), which contains several incarnations. If you were unfortunate enough to take an Intoxilyzer breath test in Arizona, you should have received a copy of the machine's printout (commonly referred to as a "strip chart").
How can I tell which machine was used in my case?
It should be easy to identify which Intoxilyzer model was used in your case based on the picture. However, if you don't remember or if the machine was hidden from your view, you can look at the strip chart (if you weren't supplied with one, it will be in the police report). Each Intoxilyzer in Arizona has a unique serial number. The Intoxilyzer 8000s start with "80" and the 5000 start with "64," "66" or "68" depending on the model. An example is 80-0001032.


ASK TO SPEAK WITH AN ATTORNEY BEFORE TAKING A BLOOD TEST
Many police jurisdictions are switching to a blood standard in Arizona DUI cases. Probably the biggest reason is that the Intoxilyzer machines available to law enforcement in Arizona are prone to many sources of error and inaccuracy. As a general rule, blood testing is more accurate and less prone to attack than breath testing. However, it is obviously messier and more invasive.
In breath testing jurisdictions whenever an Arizona DUI suspect refuses to take a breath test, the police officer has the option of obtaining a search warrant and forcibly taking the suspect's blood.
The main reason some jurisdictions have not switched from breath to blood in DUI cases is cost and time. An Intoxilyzer test result is generally admissible into evidence without an expert testifying and laying the foundation. Blood results, on the other hand, require an expert in court. They also require a lab technician to analyze and a chain of custody to keep track of the sample's whereabouts.
Contrast this to a simple breath test which is done and presumed admissible in court once the machine prints the result. You can see why some jurisdictions are reluctant to switch to blood.
Who Takes The Blood?
This is a good, and evolving, question in Arizona DUI Law. Classically, blood samples in Arizona DUI cases were taken only at hospitals by qualified medical personnel. Recently, however, police officers have started to gain phlebotomist credentials so that they can draw your blood.


There have been DUI cases where a police officer in Arizona literally stabs a suspect with a needle on the hood of a police cruiser. While this is not the norm, it can and does happen.
Does The Manner in Which The Blood Is Obtained Matter?


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Absolutely! A flawed blood draw has the potential not only to injure the subject, but to contaminate the sample as well. Improper procedure can result in an erroneously inflated BAC result of more than .20 (which can take a sober diabetic into the realm of an extreme DUI).

Sources Of Blood Test Errors
YEAST: One source of blood test error/contamination is through the introduction of yeast into the blood sample. Yeast feeds on blood sugars, and the waste product of such consumption is alcohol. This alcohol in the blood is not distinguishable from the alcohol that you drank.


ALCOHOL: If the clinical used to "sterilize" the site of the venipuncture (usually opposite the elbow) contains alcohol, this will get picked up by the needle and introduced into the blood sample.


POOR VACUUM: Each of the grey-topped tubes used in the blood collection kits contains a vacuum used to suck your blood into the tube. If the vacuum is compromised prior to your DUI blood test, it may have sucked environmental contaminants such as yeast, alcohol or other microbes into the tube.


NON-STERILE TOP: The skin is cleansed where it is to be punctured, but the top of the blood test tube is not.


NOT YOUR BLOOD: What if the lab screws up and incorrectly numbers your blood sample? You will get somebody else's result. How do you tell? Independent DNA testing.


Phoenix DUI Guide
Information about Phoenix DUI Cases
Phoenix is one of the nation's toughest jurisdictions to get a DUI in. Since the Phoenix Prosecutor's office rarely plea bargains to below a DUI, it takes a very creative and diligent defense to better your position.
SO YOU'VE BEEN ARRESTED FOR DUI IN PHOENIX: You probably already have your court date, unless you are being charged with a felony. Assuming you were arrested by the Phoenix Police Department, you likely gave a breath test in a DUI van or at the police station.
HOW SOLID IS THE PHOENIX POLICE DEPARTMENT'S BREATH TEST? In two words... "it's not." In five words... "it's a piece of junk!" The Intoxilyzer 5000 machines were pieces of junk, and now the Intoxilyzer 8000s are as well, especially the fleet used in Phoenix, are aging and inaccurate. It's not a question of was the result off, but a question of how far off.
In fact, the Phoenix Police Department's DUI program is in the process of switching to blood testing becuase of serious problems with the Intoxilyzer machines.
YOUR PHOENIX DUI ARRAIGNMENT:If you are in Phoenix Municipal Court, you will NOT need to personally attend your first court date IF you have hired a private DUI defense lawyer. If you don't have a lawyer, you will have to go. The court is located at:
300 W. Washington
Phoenix, AZ
HERE'S WHAT YOU NEED TO KNOW: As a Phoenix Arizona DUI attorney who practices regularly in Phoenix Municipal Court, I can tell you that they have a very strict plea policy. In essence, they will usually not agree to reduce a DUI to a non-DUI. In other words, if you have a DUI in Phoenix, don't expect to get handed a reckless driving.
What does it mean? Simply put, it means that you will need to have an DUI attorney for your Phoenix case, and that attorney will have to beat the case for you. It happens all of the time. In fact, in Phoenix, we have gotten many not guilty verdicts over the years.
Phoenix DUI Van program: Phoenix has a fleet of mobile drunk driving processing units, commonly referred to as DUI vans. In most cases, you will be taken to a van rather than a police station for a blood draw or breath test.
Phoenix DUI officers: DUI officers in Phoenix are commonly referred to as "DUI Motors." They typically ride motorcycles. The process is typically a two person job. The first officer pulls you over and does the field tests (if you don't know enough to refuse them). Then you meet the second officer, the "van operator," who takes your breath or blood.
How can I best increase my chances of winning a Phoenix Arizona DUI?
If you are reading this right after your arrest, attempt to get an independent test. Go to the hospital emergency room. If you get a blood test and it confirms that you are under the legal limit, the Phoenix Prosecutor's office may agree to dismiss the charge.
On the other hand, if you are rejected by the emergency room, then they can't accuse you of not trying to prove your innocence, and you will be able to testify to a jury that you attempted to get a test to show your innocence, but it was logistically impossible.
If you are reading this more than a couple of hours after your arrest, it is too late to get a blood sample.
The next thing you need to do is educate yourself on Arizona DUI law and process. Once you do this, you will be in the best position to choose a lawyer for your case. Then you need to hire the best Phoenix DUI defense lawyer you can find and afford.
We hope that you will give us a chance to serve you in your Phoenix DUI case, and look forward to discussing your options with you soon.


Scottsdale Arizona DUI Information
An inside look at Scottsdale DUI Cases
SO YOU'VE BEEN ARRESTED FOR DUI IN SCOTTSDALE: You probably already have your court date, unless you are being charged with a felony. Assuming you were arrested by the Scottsdale Police Department, you likely gave a blood test, either at the hospital (usually Scottsdale Healthcare at Shea or Osborn) or police station.
HOW LONG WILL IT TAKE TO GET THE BLOOD BACK? Typically, it will take 10 days or less for the Scottsdale crime lab to turn your blood test around. In most cases, the result is available by the time of your arraignment, or shortly thereafter.
DO I HAVE TO GO TO MY ARRAIGNMENT IN SCOTTSDALE MUNICIPAL COURT? If you have already hired a private attorney, you will not need to go to your first court date, the arraignment, in Scottsdale. In fact, in most DUI cases in Scottsdale Municipal Court, as long as you have an attorney, you will not need to show up for court until either a) your attorney has a deal negotiated for you or b) your case is litigated.
HOW LONG DOES A TYPICAL DUI CASE TAKE IN SCOTTSDALE? It depends on whether there is an negotiated disposition (a plea bargain) or a trial. A favorable plea bargain may be reached in as little as one month, or it may take up to several months to secure. If your case proceeds to trial, typically the trial will be completed within six months of your arraignment.
CAN I DO A TELEPHONIC CHANGE OF PLEA IN SCOTTSDALE? If you live out of State (or over 100 miles from the Court) you can appear by telephone. Your DUI attorney can help you arrange this, and advise you whether it is a wise decision to do so.
DUI IMPOUNDS IN SCOTTSDALE: If you submitted to a preliminary breath test (PBT) and the result was .150 or higher, your vehicle was likely impounded. You have a limited amount of time to request an impound hearing.


TEMPE, AZ, DUI DEFENSE

SO YOU'VE BEEN ARRESTED FOR DUI IN TEMPE: You probably already have your court date, unless you are being charged with a felony. Assuming you were arrested by the Tempe Police Department, you likely gave a breath test in a DUI van or at the police station.

HOW SOLID IS THE TEMPE POLICE DEPARTMENT'S BREATH TEST? In two words... "it's not." In five words... "it's a piece of junk!" The Intoxilyzer 5000 machines were pieces of junk, and now the Intoxilyzer 8000s are as well. It's not a question of was the result off, but a question of how far off.
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YOUR TEMPE DUI ARRAIGNMENT:If you are in Tempe Municipal Court, you will NOT need to personally attend your first court date IF you have hired a private DUI defense lawyer. If you don't have a lawyer, you will have to go.

HERE'S WHAT YOU NEED TO KNOW: As a Tempe Arizona DUI attorney who practices regularly in Tempe Municipal Court, I can tell you that, while the prosecutor's are reasonable, they don't just give away deals.

What does it mean? Simply put, it means that you will increase your chances of getting a favorable outcome if you have competent and diligent representation.

Tempe DUI Van program: Tempe has a mobile drunk driving processing unit, commonly referred to as the DUI van. In most cases, you will be taken to a van rather than a police station for a blood draw or breath test. Tempe just got a new, custom built van for processing DUIs.

Tempe DUI officers: DUI officers in Tempe are commonly referred to as "DUI Motors." They typically ride motorcycles. Typically, they will be with you throughout the whole process, and operate the breath test machine in the Tempe DUI Van.

How can I best increase my chances of winning a Tempe Arizona DUI?

If you are reading this right after your arrest, attempt to get an independent test. Go to the hospital emergency room. If you get a blood test and it confirms that you are under the legal limit, the Tempe Prosecutor's office may agree to dismiss the charge.
On the other hand, if you are rejected by the emergency room, then they can't accuse you of not trying to prove your innocence, and you will be able to testify to a jury that you attempted to get a test to show your innocence, but it was logistically impossible.

If you are reading this more than a couple of hours after your arrest, it is too late to get a blood sample.

The next thing you need to do is educate yourself on Arizona DUI law and process. Once you do this, you will be in the best position to choose a lawyer for your case. Then you need to hire the best Tempe DUI defense lawyer you can find and afford.

We hope that you will give us a chance to serve you in your Tempe DUI case, and look forward to discussing your options with you soon.


CHANDLER, AZ, DUI DEFENSE

SO YOU'VE BEEN ARRESTED FOR DUI IN CHANDLER: You probably already have your court date, unless you are being charged with a felony. Assuming you were arrested by the Chandler Police Department, you likely gave a blood test at the Chandler Police Stateion.

CHANDLER POLICE OFFICERS ARE TRAINED PHLEBOTOMISTS: If you've been arrested for DUI in Chandler, you probably had a blood test taken, and it was probably done by a police officer. The Chandler police department has several officers who are trained and certified to take your blood. They have a blood draw room for DUI cases in the Chandler PD.

YOUR CHANDLER ARRAIGNMENT: If you are in Chandler Municipal Court, you will NOT need to personally attend your first court date IF you have hired a private DUI defense lawyer. If you don't have a lawyer, you will have to go.
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HERE'S WHAT YOU NEED TO KNOW: As a Chandler Arizona DUI attorney who practices regularly in Chandler Municipal Court, I can tell you that the Judges and prosecutors are reasonable, but they will not agree to simply dismiss your case.

Electronic Home Detention is available: In Chandler, for 2nd offense DUI pleas, the Chanlder Judges will authorize house arrest in lieu of up to 45 days of a 60 day jail sentence.

How can I best increase my chances of winning a Chaldner Arizona DUI?

If you are reading this right after your arrest, attempt to get an independent test. Go to the hospital emergency room. If you get a blood test and it confirms that you are under the legal limit, the Chandler City Prosecutor's office may agree to dismiss the charge.
On the other hand, if you are rejected by the emergency room, then they can't accuse you of not trying to prove your innocence, and you will be able to testify to a jury that you attempted to get a test to show your innocence, but it was logistically impossible.

If you are reading this more than a couple of hours after your arrest, it is too late to get a blood sample.

The next thing you need to do is educate yourself on Arizona DUI law and process. Once you do this, you will be in the best position to choose a lawyer for your case. Then you need to hire the best Chandler DUI defense lawyer you can find and afford.

We hope that you will give us a chance to serve you in your Chandler DUI case, and look forward to discussing your Chandler DUI case options with you soon.


MESA, AZ, DUI DEFENSE

SO YOU'VE BEEN ARRESTED FOR DUI IN MESA: You probably already have your court date, unless you are being charged with a felony. Assuming you were arrested by the Mesa Police Department, you likely gave a blood test.

THE CRIME LAB IN MESA: The Mesa Police Department has its own crime lab that will typically analyze your blood in routine DUI cases.

YOUR MESA DUI ARRAIGNMENT:If you are in Mesa Municipal Court, you will NOT need to personally attend your first court date IF you have hired a private DUI defense lawyer. If you don't have a lawyer, you will have to go.

HERE'S WHAT YOU NEED TO KNOW: As a Mesa Arizona DUI attorney who practices regularly in MEsa Municipal Court, I can tell you that, while the prosecutor's are reasonable, they don't just give away deals.

What does it mean? Simply put, it means that you will increase your chances of getting a favorable outcome if you have competent and diligent representation.

Mesa DUI officers: DUI officers in Tempe are commonly referred to as "DUI Motors." They typically ride motorcycles. Typically, they will be with you throughout the whole process, and they may even be trained phlebotomists and take your blood sample.

How can I best increase my chances of winning a Mesa Arizona DUI?

If you are reading this right after your arrest, attempt to get an independent test. Go to the hospital emergency room. If you get a blood test and it confirms that you are under the legal limit, the Mesa Prosecutor's office may agree to dismiss the charge.

On the other hand, if you are rejected by the emergency room, then they can't accuse you of not trying to prove your innocence, and you will be able to testify to a jury that you attempted to get a test to show your innocence, but it was logistically impossible.
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If you are reading this more than a couple of hours after your arrest, it is too late to get a blood sample.

The next thing you need to do is educate yourself on Arizona DUI law and process. Once you do this, you will be in the best position to choose a lawyer for your case. Then you need to hire the best Mesa DUI defense lawyer you can find and afford.

We hope that you will give us a chance to serve you in your Mesa DUI case, and look forward to discussing your options with you soon.


GILBERT, AZ, DUI DEFENSE

SO YOU'VE BEEN ARRESTED FOR DUI IN GILBERT: You probably already have your court date, unless you are being charged with a felony. Assuming you were arrested by the Gilbert Police Department, you likely gave a blood test at the Gilbert Police Stateion.

GILBERT POLICE OFFICERS ARE TRAINED PHLEBOTOMISTS: If you've been arrested for DUI in Gilbert, you probably had a blood test taken, and it was probably done by a police officer. The Gilbert police department has several officers who are trained and certified to take your blood.

YOUR GILBERT ARRAIGNMENT: If you are in Gilbert Municipal Court, you will NOT need to personally attend your first court date IF you have hired a private DUI defense lawyer. If you don't have a lawyer, you will have to go.

HERE'S WHAT YOU NEED TO KNOW: As a Gilbert Arizona DUI attorney who practices regularly in Gilbert Municipal Court, I can tell you that you are in for a fight.

How can I best increase my chances of winning a Gilbert Arizona DUI?

If you are reading this right after your arrest, attempt to get an independent test. Go to the hospital emergency room. If you get a blood test and it confirms that you are under the legal limit, the Gilbert City Prosecutor's office may agree to dismiss the charge.
On the other hand, if you are rejected by the emergency room, then they can't accuse you of not trying to prove your innocence, and you will be able to testify to a jury that you attempted to get a test to show your innocence, but it was logistically impossible.

If you are reading this more than a couple of hours after your arrest, it is too late to get a blood sample.

The next thing you need to do is educate yourself on Arizona DUI law and process. Once you do this, you will be in the best position to choose a lawyer for your case. Then you need to hire the best Gilbert DUI defense lawyer you can find and afford.

We hope that you will give us a chance to serve you in your Gilbert DUI case, and look forward to discussing your Gilbert DUI case options with you soon.


GLENDALE, AZ, DUI DEFENSE

SO YOU'VE BEEN ARRESTED FOR DUI IN GLENDALE: You probably already have your court date, unless you are being charged with a felony. Assuming you were arrested by the Gilbert Police Department, you likely gave a blood test at the Gilbert Police Stateion.

YOUR GLENDALE ARRAIGNMENT: If you are in Glendale Municipal Court, you will NOT need to personally attend your first court date IF you have hired a private DUI defense lawyer. If you don't have a lawyer, you will have to go.

How can I best increase my chances of winning a Glendale Arizona DUI?
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If you are reading this right after your arrest, attempt to get an independent test. Go to the hospital emergency room. If you get a blood test and it confirms that you are under the legal limit, the Glendale City Prosecutor's office may agree to dismiss the charge.

On the other hand, if you are rejected by the emergency room, then they can't accuse you of not trying to prove your innocence, and you will be able to testify to a jury that you attempted to get a test to show your innocence, but it was logistically impossible.

If you are reading this more than a couple of hours after your arrest, it is too late to get a blood sample.

The next thing you need to do is educate yourself on Arizona DUI law and process. Once you do this, you will be in the best position to choose a lawyer for your case. Then you need to hire the best Glendale DUI defense lawyer you can find and afford.

We hope that you will give us a chance to serve you in your Gilbert DUI case, and look forward to discussing your Glendale DUI case options with you soon.


Maricopa County, Arizona, DUI Defense
Maricopa County is the most highly populated county in Arizona, and as such, the most DUI cases are processed in the courts here.

There are two basic levels of county courts, the Superior Court and the Justice Courts.

Maricopa County Superior Court has jurisdiction over all state felonies alleged to have been committed within the county limits. This includes aggravated DUIs, endangerment, aggravated assaults and vehicular homicides. The Superior Court also has concurrent jurisdiction over midemeanors.

The Justice Court system handles only misdemenaors. Typically, if you are arrested for a first or second offense DUI by either the Maricopa County Sheriff's Office or DPS (Department of Public Safety), your case will be assigned to a justice of the peace in one of the many Maricopa County Justice Court locations. Reservation cases also typically get assigned to the Justice Courts.

If you are arrested for a misdemeanor DUI in Phoenix, Scottsdale, Tempe, Chandler, Mesa or any other city or town within Maricopa County, by the city police from that jurisdiction, your case will probably be heard in a city or town court, which also has misdemeanor jurisdiction. There are certain exceptions. For example, Sheriff Joe provides police services for the town of Fountain Hills. If you are arrested in Fountain Hills, it will likely be by a Sheriff's Deputy, but your case will be heard in Fountain Hills Municipal Court.
All Maricopa County cases (in Justice and Superior Court) are prosecuted by the Maricopa County Attorney's Office, currently under County Attorney Andrew Thomas. If there is a conflict of interest, then a municipal prosecutor, or even somebody from the Attorney General's office may step in.


(Credit for this excellent source goes to duiattorney.com)
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