Those in Prescott who are facing drunk driving charges might be thinking about how they can lodge an effective defense to avoid the harshest penalties. They might not be considering how some of the procedures that law enforcement used as part of the investigation, such as a field sobriety test or a breath test, will be considered when the case goes to trial.
Even those who have never been stopped or in a car that was stopped for a sobriety check probably have some idea of what field sobriety tests are.
Generally, in order to draw blood after a traffic stop for drunk driving, police need a search warrant. This means they must take the driver to the substation, place the driver in a holding cell, have a second officer serve as a witness to a written affidavit and finally the police must locate a judge to issue the search warrant even if it's the middle of the night. This is to ensure that the search does not violate the driver's constitutional rights. However, police argue that the process is too costly in terms of time with regards to DUI charges when time is of the essence.
This Fourth of July, as the fireworks boom, people across Arizona celebrate our nation's founding. And, as with many other celebrations, drinking a cold beer, glass of wine or cocktail is traditional, whether it is at a backyard barbecue, a neighborhood block party or any other celebration. However, driving home after these festivities can cause a person to encounter an unwanted scenario.
Certain holidays in Arizona are often celebrated with drinking. Whether it's a cold bottle of beer, a refreshing wine spritzer or your favorite cocktail, having a drink or two is not uncommon on certain holiday weekends. One of these holidays is Cinco de Mayo. However, what Arizonans should understand is that on holidays like Cinco de Mayo, police will keep a close lookout for those they believe are driving drunk.
Being accused of driving under the influence is a situation no driver in Arizona wants to be in. After all, even a sober person might have trouble performing a field sobriety test. Or, there may have been a good reason for a person to driver erratically, for example, to avoid hitting an animal or running over debris on the road. Unfortunately, it is entirely possible for a person to be wrongfully accused of DUI. DUI charges can lead to significant penalties, so it is important that anyone accused of this crime develop a solid defense strategy.
When police pull someone over in Arizona on suspicion of drunk driving and a breath test or blood test indicates the driver's blood alcohol concentration level is 0.08 percent or higher, then that person will be charged with drunk driving. These numbers are even lower for certain categories of people. For example, commercial vehicle drivers will be charged with drunk driving and subsequently penalized if their BAC is 0.04 or above. Also, if the driver is under the legal drinking age, then they may face license suspension if they have any alcohol in their system whatsoever. The types of penalties a person convicted of drunk driving faces depends on the level of alcohol in their system and whether it is a first offense.
Most people in Arizona are safe drivers and will not get behind the wheel of a car if they are drunk. Unfortunately, car accidents still occur. If a person is in a car accident that injures or kills someone else and that person is accused of drunk driving, it is important that that person's constitutional rights are not violated.
Most people in Arizona are aware that driving while intoxicated it against the law. The dangers of such acts are well-documented, and most Arizonans avoid drunk driving. However, what they may not be aware of is that there are laws regarding having alcohol in one's vehicle, which could lead to criminal charges, even if the driver is not drunk.
'Tis the season for celebrations in Arizona and across the nation. People everywhere will be enjoying a cocktail at their employer's holiday parties, sipping eggnog with their families, and popping the cork off a bottle of champagne at New Year's. However, this also means that police in Arizona will be on high alert for those they think are driving under the influence.