FAQs By Someone Facing A DUI Charge
What Happens From The Time Of Arrest And What Is A Typical Timeline For DUI Cases?
When it comes to a DUI, it is not too different to other cases. If you are pulled over, there is typically going to be an onsite investigation of some type. They may have you do a portable breath test; ask you if you have been drinking. They may have you do the field sobriety tests. In Arizona, they may have you take the HGN, which is the Horizontal Gaze Nystagmus test. The HGN is a test where you follow the pen to see if your eyeball twitches or bounces a bit which is typically a sign of impairment due to either alcohol or sometimes drugs. Sometimes, it is also a sign of neurological impairment that has nothing to do with those things. Therefore, they will typically do a full range of tests to kind of rule out other options.
Depending on the prosecution agency or the police department that makes the arrest, you could be cited and released in Arizona. You can have your car impounded at that time, you could be taken back to a police station where you would be booked and then released. They may take you to a police substation or a hospital to have your blood drawn. That is the time when you can also request your own independent tests be done or test the blood later, it will be preserved. From that point, you are going to be issued a court date, typically called the arraignment. At the arraignment, you will be read the charges against you and the judge will ask you to enter a guilty or not guilty plea.
After you enter your not guilty plea, you will be set to what is called a pretrial conference. Usually, pretrial conferences at the beginning of a discussion with the state, beginning of the review of the evidence, can be continued. There can be several pretrial conferences before you actually get to a position where you are either going to plea or proceed to trial. That is while the work is being done on the case in between those hearings. Finally, you can go to trial, be convicted or acquitted or you can enter into a plea agreement where you are stipulated to a punishment and you know exactly what is going to happen. That is the general timeline for DUI and fairly similar timeline for other misdemeanor type cases.
What Happens If Someone Has Refused A Breath Or A Blood Test?
Refusing a blood test in Arizona will ultimately lead to the police typically getting a search warrant for your blood, at which time you will not be able to refuse. Refusing the breath test in Arizona, no matter what, is an automatic year of suspension of your driver’s license, even if you have not been drinking. There is really no issue with the Breathalyzer as you have to consent to that. For the blood draw, you can try to fight it but if they are serious about getting it, they can get a search warrant signed by a judge and then they will be able to take that.
What Factors Would Enhance Or Aggravate A DUI Charge?
Most cases start with just the regular DUI over 0.08 or impaired to the slightest degree. Moving up to extreme DUIs, which are above 0.15, Super Extreme DUIs are above 0.20. Those are all misdemeanor offenses. From there, we move into aggravated or felony DUIs. Some of the reasons you can get an aggravated DUI include getting a DUI while driving on a suspended license, or getting a DUI while driving with a minor child in the back of your car. There are also aggravated DUI charges related to accidents and collisions as well. Therefore, anything that goes above and beyond some simple civil traffic offense that leads to a DUI investigation, can take you into the aggravated world.
Get Answers to Frequently Asked Questions by Someone Facing a DUI Charge in Arizona, or 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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