Saturday 7 January 2012

Phoenix DUI Attorney

What you need to know before you get into an automobile after you have been drinking.

The average court expert witness and phoenix dui attorney fees for litigating a dui is approximately $15,000. If the case needs to be appealed this usually costs an additional $5,000-$8,000. The cost of a cab ride is on average $20-$25. If you get arrested for a dui you could have used a cab service your entire life on the annual interest on what it will take to successfully defend a dui. Therefore even if you feel you are ok to drive please remember that the normal person feels little to not effects of drinking at .08.

The following does not represent legal advice and is only hypothetical view based upon experience with OWI laws. We are not a lawfirm or attorneys and therefore this is not legal advice. We recommend you obtain the advice of a competent dui attorney.


Once you have been pulled over. A phoenix dui attorney will tell you that you have two choices, abide by the implied consent law of the state of Arizona submitting to the field test, portable breath test and chemical test. The other option is not to consent and be faced with a driving suspension for a year. Here are the things an expert phoenix dui attorney will tell you to consider at this point in time.

a. Were you pulled over by a state trooper, a local sheriff or city of phoenix police officer. The ramifications for this are simple.

Phoenix DUI
  • State Trooper – will never let you off because the State Police only exist for the most part to enforce DUI laws. Therefore if you are at all close or even below the legal limit the State Trooper will still give you a DUI/DWI in most cases.
  • Local sheriff – depending upon the current budget situation the sheriff maybe looking for additional revenue for the county and therefore will enforce Dui. Remember a non-challenged dui represents $500-1000 in revenue. If you are at or slightly above the legal limit the local sheriff may let you go provided you were courteous during the stop.
  • The Phoenix police department has real crime to contend with and therefore dui enforcement is secondary to their mission of keeping the peace. A Phoenix cop is typically your best chance for the fairest impartial treatment.

b. Are you close to being sober? A competent Phoenix dui attorney will tell you if you are more heavily intoxicated where you feel like your balance or speech is impaired your BAC is more than likely over a .15. DUI penalties in most states are escalated at above .15. So this will weight into your decision based upon delaying the chemical test

c. In Phoenix dui attorneys know that blowing at the scene into a portable breath unit is not admissible in court. Therefore a jury will not be permitted to see this number at trial because it is not admissible in court. However the number will be on the arrest affidavit that the police officer files so therefore both the judge and the appeals court will have access to this number. This could damage your credibility with the judge later if you claim to have fewer drinks then the judge believes is possible.

d. Are you an out of state driver? The implications for being an out of state driver is that your home state in many cases will not fully honor another states implied consent statute and in some cases will only suspend your drivers license for 90 days.

e. How far away is the nearest hospital if known? The police officer only has three hours to obtain the BAC sample in many states. After this point the blood sample becomes inadmissible in court. In rare occasions if you’re current location is more than 45 minutes away from the hospital it maybe possible to lengthen the timeframe to over a 3 hour period.

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