Archive for DUI

Jun
26

What Happens if I Refuse a Test?

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If an individual is pulled over while driving, in the state of Arizona, because there is suspicion of DUI, that individual is required to take a breath, urine, or blood test upon arrest. This is because the state of Arizona has an implied consent law. This means the driver is assumed to automatically consent to the taking of a chemical test, as long as the individual has been lawfully arrested by a law enforcement officer who is not displaying any malicious intent at the time of the arrest.

In Arizona, an individual will be required to give up their driver’s license to the law enforcement official handling their case, if they have refused to take a urine, blood, or breath test at the time they are arrested on suspicion of DUI. As a consequence of this refusal, the reporting officer will file a report on this refusal. Inevitably this will result in the suspension of your state drivers license or permit for no less than 12 months. This is assuming you are only a first-time offender.

WHAT HAPPENS NEXT IF THE TEST IS REFUSED?

As mentioned above, any driver who specifically refuses to comply with the chemical test of his or her level of intoxication is automatically required to relinquish their driver’s license to the arresting officer. The license will be suspended at that time. For individuals who do not actually refuse the test, but who did not agree to the test completion, will also find themselves with the same consequences.

In this situation, when your driver’s license is suspended, a temporary driving permit will be issued to you. This permit will be valid for only 15 days. This can result in a long-term suspension or even revocation of your driver’s license, if you fail to take legal action within this 15 day time frame. The ramifications that you may face because of the refusing to submit to a DUI test, is dependent on whether or not this is your first offense.

The first time a person refuses to take the test, your license will be suspended for up to one year. You can request an ignition-interlock license to be provided to you, but only after 90 consecutive days of this year-long suspension have been served. In cases where individuals who refuse to take the test a second time within a seven-year period, they will have their driver’s license suspended for a full two years.

CHALLENGING A LICENSE SUSPENSION IN PHOENIX, AZ

In the state of Arizona, after your license has been suspended, you should expect to receive a notification of the suspension. Along with this notification, there will be forms included that can be used to challenge the suspension of your license. If you wish to challenge the suspension of your driver’s license, it must be done online, within 15 days of the date that the suspension was sent. There will be a hearing. Individuals have the option of submitting a written request for this hearing.

You will be given the opportunity at the hearing, to discuss whether or not there was reasonable cause for the arresting officer to believe you were driving your vehicle under the influence. At this time it may be advantageous for you to discuss at your hearing any concerns you may have as to the circumstances of your arrest, your refusing of the test, and whether or not the resulting consequences of your refusal were made known to you at the time. If the hearing goes in your favor, the suspension of your license will be revoked. If, on the other hand, the hearing does not go well for you, the suspension of your driver’s license will be confirmed.

THE REAL QUESTION IS: IS REFUSING THE TEST A GOOD IDEA?

Refusing to take a breath, urine, or blood test when you have been arrested on suspicion of DUI, in most cases, will not have a positive effect for you. However, the repercussions for refusing a DUI test in the state of Arizona, are not as severe as those you will be subjected to if you are actually convicted for being intoxicated while driving. Ultimately however, refusing to take a blood, breath, or urine test will not automatically prevent you from a conviction. This makes refusing the test somewhat of a risky nature.

It should be noted that some prosecutors use the defendant’s refusal to take a DUI test as evidence against him or her. Their argument basically says that the drivers refusal to take the test is an obvious indication of the driver’s intoxication. When a prosecutor uses this method of argument, it becomes very difficult, but not impossible, to defend you in court. If you plan on pursuing this route, you need to ensure that you have an experienced and aggressive defense team on your side.

We have the expertise at the Jones Law Firm to defend DUI prosecutions in all types of circumstances. This includes those that involve the refusal to take a DUI test. To ensure you have the best chance of favorably fighting your court case, we urge you to contact a defense attorney from our firm as soon as possible. If more information is needed, contact us today. We are here to help you.

Categories : DUI
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May
22

Ignition Interlock Device Violations in Arizona

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The purpose of an ignition interlock device is to deter people who already have a conviction for drunk driving. But more and more, sober people are getting in trouble with the legal system as a result of confusion about how the machine operates, or due to false readings.

In Arizona, the interlock device is compulsory for every DUI conviction, even if it’s the first conviction. Every violation results in an additional year being added onto the interlock penalty. DUI Attorney Joshua S. Davidson has successfully challenged that additional penalty.

Have you received an Ignition Interlock Violation? If you have been notified by mail by the Arizona MVD, you only have 15 days to ask for a court appearance to challenge the infraction.  Call us now before it’s too late. Let us represent you and fight that extra penalty. We serve clients in Phoenix, Scottsdale and all over Maricopa county. Get in touch with us right away for a free conference.

The Interlock Is Unreliable

In order to be eligible for a restricted drivers license, if you have a DUI revocation or suspension, an ignition interlock device must be installed on your vehicle at your expense. The purpose of blowing into the device once you are behind the wheel of your car is to keep an inebriated person from starting the vehicle, and to let the MVD know about the attempt to start the vehicle.

However a number of people from Arizona are racking up violations, even though they’ve done nothing wrong. Worse yet is the fact that they are unaware that the penalties are accumulating.

Recently, an underage driver who had been convicted of a DUI wasn’t using the interlock device properly. On several occasions, she blew into the machine and, even though the car started, a violation was reported. She ignored the warnings she received by mail and as a result, the state was going to add an additional 12 years to her interlock sentence.

Numerous drivers in Arizona have had extended time added to their interlock sentences after having a fruit smoothie. Apparently these tasty treats cause the BAC detector to go off resulting in embarrassment and extra expense.

You must respond to the notice from the MVD within 15 days. No officer of the law sees the violation, so you do not have a chance to take a breathalyzer test or a blood test and prove that you are not guilty. The false reading is simply your word against the word of the machine.

As your DUI attorney, Joshua Davidson will try to place doubt on those false readings. We can enlist the testimony of members of your family and your probation officer who confirm that you have been sober. We have experts testify on the inaccuracy of the machine as well as showing how a violation of the interlock device can be triggered easily by blowing in the machine incorrectly. In fact, a violation can even be triggered by a dead car battery.

Categories : DUI
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May
24

Commonly used Intoxilyzer 8000 cannot tell difference between breath alcohol and mouth alcohol

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Any forensic alcohol expert will tell you that the amount of alcohol in a person’s mouth (e.g. residue from a recently consumed beverage or regurgitation of unabsorbed stomach contents) is NOT an accurate measure of their blood alcohol level. This video gives a great demonstration of how the presence of mouth alcohol can result in artificially high results with the Intoxilyzer 8000 which is used by numerous law enforcement agencies in Maricopa County in connection with DUI charges…

 

Contact DUI Attorney Joshua S. Davidson today if you are facing DUI charges in Scottsdale or Phoenix.

Categories : DUI, Dui Law
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May
05

Police set to crack down on Cinco de Mayo DUI offenses

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Officers of several valley agencies are participating in an announced DUI taskforce scheduled for this evening. The task force will reportedly be patrolling the areas of Tempe and Old Town Scottsdale.

Please enjoy your holiday responsibly. If you are in need of a DUI attorney, contact the Law Offices of Joshua S. Davidson today.

Categories : Criminal Law, DUI, Police
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Jan
02

Police Report from Charles Barkley’s DUI Arrest released and available to view

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Portions of the Police report written by Gilbert Lt. Pete Smith documenting the DUI arrest of Charles Barkley were released early today.  The report which can be viewed here, contains reference to some statement allegedly made by the NBA great:



If you are facing a Scottsdale DUI, contact DUI Attorney Joshua S. Davidson to schedule your free case evaluation.

Categories : DUI
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Jan
02

Statewide Arizona DUI taskforce makes 179 New Year’s Eve DUI arrests.

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The Arizona Governor’s Office of Highway Safety saturated the state’s roadways on New Year’s Eve and netted over 2,000 traffic stops, 179 of which involved charges of DUI.  Other offenses cited by the officers included speeding and seatbelt violations.  News reports indicate that 57 of the New Year’s Eve DUI arrests were for extreme DUI and over a dozen of them were for felony.  If you have been charged and need a DUI attorney in Scottsdale, Phoenix or anywhere in Maricopa County, contact Joshua S. Davidson today.

 

Categories : DUI
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Dec
31

The East Valley DUI Task Force prepares for New Year

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Officers from several different valley police agencies including the Scottsdale Police Department and the Tempe Police Department will be out in full force tonight searching for drunk drivers.  Since Thanksgiving, the state taskforce has made over 1,900 DUI arrests and conducted over 20,000 traffic stops.

 

Even with Arizona’s new “super-extreme” DUI law which hammers first offenders with 45 days in jail if their BAC is too high, the average BAC of the drivers arrested by the DUI task force has been increasing since they began their operations last month.  Expect sobriety checkpoints and a strong police presence on the roads tonight.  Given the aggressive enforcement by the DUI taskforce this weekend, it would be a safe bet to avoid driving if you’ve had anything at all to drink.  Please be safe and avoid driving drunk as you celebrate the new year.  If however you are cited for a DUI over the holiday weekend, please contact Scottsdale DUI Attorney Joshua S. Davidson immediately for you’re an initial consultation.

Categories : DUI
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Dec
31

Charles Barkley charged with DUI in Scottsdale

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Former NBA all-star and MVP Charles Barkley was charged with DUI in old town Scottsdale early yesterday morning.  Although his DUI arrest took place in the city of Scottsdale, he was stopped and arrested by Gilbert Police Department officers.  The officers were working outside of their normal jurisdictions in connection with a multi-agency task force that targets various areas of Maricopa County.

According to news reports, Mr. Barkley declined to take a portable breath test but was cooperative with the officers.   Scottsdale DUI attorney Joshua S. Davidson advises all of his clients to follow these exact steps.  The portable breath test is not an accurate or reliable machine and its results are not admissible in court.  However, if you blow into it, the cops can use the result to impound your car for 30 days and possibly justify your arrest for DUI which then gives them the right to demand a blood draw.  The bottom line is that there is very little, if any, good that can come from taking a portable breath test.  As Mr. Barkley’s case demonstrates, refusing a portable breath test is by no means a guarantee that you will avoid being arrested for DUI.  However, it will potentially strengthen any motions to dismiss or suppress evidence that may be filed by his Scottsdale DUI attorney.

If you or a loved one is charged with a Phoenix DUI or a Scottsdale DUI, contact Attorney Joshua S. Davidson today.

Categories : DUI
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The Arizona Defense Law Blog is published by Phoenix DUI and criminal defense attorney Joshua S. Davidson. Nothing on this website is intended to create an Attorney-Client relationship and the information provided herein is for general information purposes only.

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