Common Questions Regarding DUI Stops And Arrests
Do Most DUI Offenders Have A High Blood Alcohol Level Or Do They Tend To Be Closer To The Legal Limit?
Usually, all types of cases are seen. A lot of offenders are typically between 0.08 and 0.15, which is above the legal limit and below the next cut off for extreme DUIs. Most people fall within that range and most offenders would probably say that they did not feel overly impaired when they were pulled over. Most of those offenders are fairly cooperative with law enforcement when they are pulled over but alcohol effects everyone differently, depending on the variables of weight and metabolism.
On top of that, whether they are well rested or not, all of these factors contribute to making one individual a 0.10 feel very confident and clear about their driving, where another individual could be very, very floppy and very intoxicated. There is definitely a variety of people seen in DUI cases.
Attorney Jared Allen mostly sees cases where someone has just been pulled over for basic traffic infractions, maybe weaving within the lane, rolling through stop signs, forgetting to use their turn signal, typical traffic stops that, at the time of the day or the place where they were alerted that police would be there, may be an issue.
What Are Some Of The Biggest Misconceptions People Have When They Have Been Arrested For A DUI?
The biggest misconception people have is that there is nothing that they or an attorney can do about their case. They think that DUI is almost a mathematical legal charge. If a person gets charged with DUI, they have to pay these fines, do this amount of jail and put an ignition interlock in. While Arizona has made their DUI laws fairly regimented, there is definitely room to negotiate and reduce those penalties.
Certain things are required by statute, depending on what type of DUI you plead. In a lot of cases, offenders come in with a blood reading of close to 0.15 percent. In that case, the attorney should retest that blood and see if they can get it below 0.15 on a retest. Different labs have different results even if they use the same manner to test the blood alcohol content. Attorneys have samples retested from a lab which they are comfortable with because they know that they do a good job. Even though it is not always to their benefit, but if they can get that a little bit under, then you create a reasonable doubt as to the reading. In that case, the state will typically be willing to negotiate if you can show that maybe the reading is not entirely accurate, drops from an extreme to a regular or super extreme to an extreme DUI.
There are definitely reasons to look into a case. There are also the legal reasons of whether the stop was performed correctly, was the investigation done without violating any of the client’s rights. A lot of people just think it is hard to work within a DUI case for some of these things. They may not get a case dismissed but they can definitely impact the results and the consequences for a client. That is why a good attorney would turn over every stone and look under every rock to see if there is anything that can be done to benefit the client, whether it is less jail time, the option of doing home detention for part of the term, or doing an interlock for a longer time, or to reduce the amount of incarceration upfront. There are a lot of options to look at when people come to consult an attorney for a DUI. A lot of people initially think that they do not have a lot of options.
What If Someone Just Wants To Plead Guilty And Get Over With The Case?
The attorney would tell clients that unless there is some type of offer that has been made right off the bat that is so beneficial and maybe has an expiration date of that day, do not take it. Based on the state’s entire discovery and all of the state’s evidence, you are going to wonder if you have the police report and the blood result. Make sure that if you did a Breathalyzer reading, the machine was working properly. The bottom line is the state has to prove beyond a reasonable doubt that the people they have charged with those crimes did those crimes. Attorneys want to make sure that they have a strong case before they agree to settle or plead in a case. Every individual’s right is the right to have an attorney or even themselves review all of the evidence that the state has against them before making a decision.
If you need Answers to Common Questions about People Stopped and Arrested for a DUI, call the law office of Jared Allen PLLC for a FREE Initial Consultation at (602) 456-1982 and get the information and legal answers you’re seeking.
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