An Overview of DUI Charges
Being charged with driving under the influence in Scottsdale is a serious matter that deserves a serious solution. Arizona has enacted some of the harshest DUI laws in the country including lengthy mandatory jail sentences and hefty fines. Depending on the facts of your case, there are several different DUI offenses that you might be charged with. Most cases involve two types of charges – an impairment charge and a B.A.C. charge.
Driving While Impaired
Any person whose ability to drive is impaired to the “slightest degree” because of alcohol can be charged with drunk driving, regardless of how low their B.A.C. or blood alcohol concentration may be. Although evidence of a driver’s B.A.C. can be used by the prosecution to prove the impairment level of a DUI defendant, a chemical test is not legal required. Scottsdale police officers usually administer “field sobriety tests” to gauge your level of alcohol impairment. Even though these “tests” are unfair and often impossible to “pass”, their results are usually admitted in court. Because these tests are unreliable and subject to the arresting officer’s interpretation of your performance, Scottsdale Attorney Joshua S. Davidson recommends that you politely refuse to take them. Other observations by the police such as poor driving and verbal admissions can also be used in court if charged with driving while impaired.
Blood Alcohol Concentration Charge
If you have been arrested for DUI in Scottsdale, the police can required you to submit a sample of your blood breath or urine for testing. If the results of your test determine that your blood alcohol concentration is at least .08%, additional charges DUI charges can be filed. Depending on such factors as your weight, gender, and time since your last meal, a .08% B.A.C. could be caused by as few as two drinks.
If the driver’s B.A.C. is above .15%, additional charges of Scottsdale Extreme DUI will be filed. Arizona recently increased the mandatory sentence for an Extreme DUI conviction to a minimum of 30 days in jail. Arizona also has a relatively new “Super Extreme” DUI offense which mandates a 45 day jail term if the B.A.C. exceeds .20%.
Aggravated DUI is a felony and can be filed whenever a DUI is committed and there are one or more aggravating factors such as an existing drivers license suspension or a passenger under the age of 15 in the vehicle.
Fighting to Protect Your Rights
Needless to say, DUI law is very complicated and the consequences can be drastic. Attorney Joshua S. Davidson is dedicated to protecting the rights of those accused of DUI. As a former DUI prosecutor, he knows the ins and outs of DUI law and puts his uniquely comprehensive body of legal knowledge to work for each of his clients. Joshua S. Davidson is your voice in court. He will thoroughly investigate key factors of the case against you -- from the police report, to eye witness accounts, to the handling and interpretation of any blood or breath samples that were taken. If there are inconsistencies, mistakes, or fabrications affecting your case, Joshua S. Davidson will find them, attack them in court, and help you beat the charges.