DUI Information

DUI: 

DUI, the crime that almost everyone commits.  Due to the continuing change in the political climate, what has become the accepted ability to have a few drinks with dinner, or a couple of beers at your neighbors barbeque and then drive home will now get you into one of the nastiest, costliest legal problems of you life. 

With Blood Alcohol levels dropping in every state across the country, you cannot afford to have even one drink and be stopped by an officer of the law.  What is worse, he or she is not going to listen to you or even recognize you ability to safely get home even though all that you feel is a minor buzz. 

I have been fighting DUI since I was still in Law School and I am not about to stop now.  I tried my first case while working as an intern at the local public defenders office and I won.  Although I cannot guarantee a victory in your case, I can guarantee you passionate and top notch representation committed to putting you in the best possible spot to get on with you life. 

The ramifications are serious.  You can lose your drivers license, your insurance can skyrocket, and you may consequently even lose your job.  Do not leave this serous issue to chance, get help. 

FAQ: 

Why Hire a Lawyer?  Isn’t my conviction a foregone conclusion after all I did drink and drive? 

The answer to that question is unequivocally NO! 

There are far too many cases that looked awful to the client but turned out to be solid defendable cases that I either got dismissed outright or plead down from the calamitous DUI. 

You do not know the thousands of ins and outs of reasonable suspicion or probable cause that revolve around a DUI case.  I do.  Let me decide if you have a case or not.  Truthfully, you often have nothing, or very little to loose by fighting and everything to loose if you do not. 

How much will this cost? 

That depends on your case.  I consider many different factors in attaching a fee to your case these include: 

1)       Prior convictions;

2)       Blood alcohol level;

3)       Agency that arrested you and the prosecutor assigned; and

4)      Has your case been charged as extreme DUI or even worse as an Aggravated DUI. 

Should I take the breath test? 

The answer to that question is not that easy to answer.  What you should know is that you face a possible one year license suspension if you refuse.  I said possible, this can be undone and you will have the opportunity for a hearing. 

What you must factor is how much have you really had to drink and will you be making the state’s case for them if you blow.  You must also consider that usually if you refuse, the cops can get a warrant issued to draw your blood usually but not always within minutes.  Most Judges have bedside faxes to receive warrant requests in the middle of the night that they routinely grant.  The question is then, based on where you are arrested, can the cops likely get a warrant?  If you live in Yavapai County, where I practice the answer is routinely yes. 

So after considering all of that, the general answer is yes, take the breath test.  The answer is an even more fervent yes if a blood test is likely to turn up even trace amounts of any drug, especially an illegal drug. 

So when I get pulled over, what do I do? 

1)       DO NOT DO ANY FIELD SOBRIETY TESTING!  The field sobriety tests are the ridiculous roadside tests that are designed for you to fail and that are graded by the cop whose future in law enforcement, raises and promotions, will be strongly influenced by how many DUI convictions the cop has.  I do not care how well you did, you will be failed. 

2)       DO NOT ANSWER ANY QUESTIONS!  Where have you been, where are you going and have you had anything to drink?  Are all questions designed to incriminate you.  You have an absolute right to remain silent.  Use it.  Tell the cop this only when they ask you to take field sobriety testing.  “No thank you officer I won’t be doing any field sobriety testing or answering any questions this evening.  I understand that I must take a blood breath or urine test and I will take one.” 

*** This does not mean you should blow into the hand held device the cop has in his car.  This is a PBT (portable breath tester) and is so unreliable that it is not admissible in a criminal trial but it can be used as probably cause to arrest you.  DO NOT BLOW INTO THE PBT. ***