jeudi 31 mars 2011

Phoenix DUI Guide


Information about Phoenix DUI Cases

Phoenix is one of the nation's toughest jurisdictions to get a DUI in. Since the Phoenix Prosecutor's office rarely plea bargains to below a DUI, it takes a very creative and diligent defense to better your position.

SO YOU'VE BEEN ARRESTED FOR DUI IN PHOENIX: You probably already have your court date, unless you are being charged with a felony. Assuming you were arrested by the Phoenix Police Department, you likely gave a breath test in a DUI van or at the police station.

HOW SOLID IS THE PHOENIX POLICE DEPARTMENT'S BREATH TEST? In two words... "it's not." In five words... "it's a piece of junk!" The Intoxilyzer 5000 machines were pieces of junk, and now the Intoxilyzer 8000s are as well, especially the fleet used in Phoenix, are aging and inaccurate. It's not a question of was the result off, but a question of how far off.

In fact, the Phoenix Police Department's DUI program is in the process of switching to blood testing becuase of serious problems with the Intoxilyzer machines.
YOUR PHOENIX DUI ARRAIGNMENT:If you are in Phoenix Municipal Court, you will NOT need to personally attend your first court date IF you have hired a private DUI defense lawyer. If you don't have a lawyer, you will have to go. The court is located at:

300 W. Washington
Phoenix, AZ

HERE'S WHAT YOU NEED TO KNOW: As a Phoenix Arizona DUI attorney who practices regularly in Phoenix Municipal Court, I can tell you that they have a very strict plea policy. In essence, they will usually not agree to reduce a DUI to a non-DUI. In other words, if you have a DUI in Phoenix, don't expect to get handed a reckless driving.

What does it mean? Simply put, it means that you will need to have an DUI attorney for your Phoenix case, and that attorney will have to beat the case for you. It happens all of the time. In fact, in Phoenix, we have gotten many not guilty verdicts over the years.

Phoenix DUI Van program: Phoenix has a fleet of mobile drunk driving processing units, commonly referred to as DUI vans. In most cases, you will be taken to a van rather than a police station for a blood draw or breath test.

Phoenix DUI officers: DUI officers in Phoenix are commonly referred to as "DUI Motors." They typically ride motorcycles. The process is typically a two person job. The first officer pulls you over and does the field tests (if you don't know enough to refuse them). Then you meet the second officer, the "van operator," who takes your breath or blood.

How can I best increase my chances of winning a Phoenix Arizona DUI?

If you are reading this right after your arrest, attempt to get an independent test. Go to the hospital emergency room. If you get a blood test and it confirms that you are under the legal limit, the Phoenix Prosecutor's office may agree to dismiss the charge.

On the other hand, if you are rejected by the emergency room, then they can't accuse you of not trying to prove your innocence, and you will be able to testify to a jury that you attempted to get a test to show your innocence, but it was logistically impossible.

If you are reading this more than a couple of hours after your arrest, it is too late to get a blood sample.

The next thing you need to do is educate yourself on Arizona DUI law and process. Once you do this, you will be in the best position to choose a lawyer for your case. Then you need to hire the best Phoenix DUI defense lawyer you can find and afford.

We hope that you will give us a chance to serve you in your Phoenix DUI case, and look forward to discussing your options with you soon.

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