Tolleson DUI Attorney
Among the most common criminal cases in Tolleson courts are those that allege driving under the influence, or DUI. For many people, this is their first and only exposure to the criminal justice system. State law takes allegations of DUI seriously—a conviction comes with a mandatory jail sentence, heavy fines, and a loss of license.
A Tolleson DUI lawyer at Grand Canyon Law Group is prepared to create a robust defense against these allegations. Our skilled attorneys can work with you to explain the state’s DUI laws and how they apply to your case. We are prepared to evaluate the facts that led to your traffic stop and examine the evidence to form a tailored defense strategy.
For a free legal consultation with a dui lawyer serving Tolleson, call 480-400-5555
REASONS FOR A DUI ARREST
Arizona Revised Statute § 28-1381 describes the criminal act of driving under the influence and the available penalties for a conviction. According to this statute, a driver may face DUI charges under various circumstances.
BLOOD AND BREATH TESTS
The clearest example is driving a vehicle with a blood/alcohol level above .08 percent. A police officer who has reasonable suspicion of intoxication can require a driver to submit to a blood, breath, or alcohol test.
OFFICER OBSERVATIONS
However, even if this test fails to hit the .08 percent threshold or a driver refuses to submit to a test, a case may still move forward under another theory. The statute states that it is illegal for any person to operate a vehicle while “under the influence” of intoxicating liquor. This relies on an arresting officer’s opinion of a driver’s physical and mental state.
UNDER THE INFLUENCE OF DRUGS
The same DUI laws apply in cases alleging intoxication due to drugs or other substances. Regardless of the specific circumstances that led to an intoxicated driving arrest, a Tolleson attorney is ready to explain the laws and provide legal representation.
Tolleson DUI Lawyer Near Me 480-400-5555
DUI STOPS IN TOLLESON
A DUI stop in Tolleson may be a person’s first and only interaction with the criminal justice system. Being stopped and accused of driving under the influence of drugs or alcohol can be terrifying and stressful. These traffic stops can serve as the basis for an arrest, prosecution, and eventual conviction.
It is crucial to understand what may happen during these stops. As the experienced attorneys at Grand Canyon Law Group can explain, there are things you can do to protect your rights and prevent the severe penalties of a DUI conviction. Our legal team can provide further guidance about protecting yourself during DUI stops in Tolleson.
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WHEN MAY AN OFFICER MAKE A LEGAL TRAFFIC STOP?
Almost every DUI case in Tolleson courts begins with a traditional traffic stop. It is important to understand when a police officer can stop a driver on a public road or street.
A traffic stop is legal when a police officer has reasonable suspicion that a driver has violated a rule of the road. In many cases, this can be a simple traffic violation, such as speeding, not stopping at a red light, or swerving over a double yellow line. In rare examples, an officer may make a stop after supposedly observing an already intoxicated driver getting behind the wheel or seeing a driver take a drink from a bottle or can.
Contesting the reason for a police officer’s decision to make a traffic stop is one way to fight back against DUI charges. If a judge agrees that a police officer did not have the legal right to make this stop, all evidence that resulted from that stop and subsequent arrest cannot go to trial. In most cases, this results in a dismissal of the charges. Our seasoned Tolleson lawyers can help determine if a traffic stop has a legitimate basis in the law. If not, we can work to contest the prosecution’s evidence in court.
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WHAT TO EXPECT DURING A DUI TRAFFIC STOP IN TOLLESON
A police officer’s primary goal during a traffic stop is to obtain more information about potential criminal activity. They may suspect intoxication before even making a stop. Their initial interaction with a driver by asking for a license and registration may strengthen this suspicion.
BLOOD, BREATH, AND URINE TESTS
If an officer has reasonable suspicion of intoxication, they may demand that a driver participates in a blood, breath, or urine test. Arizona Revised Statute § 28-1321 says that a driver must take one of these tests after an officer’s request. Failing to do so will have severe consequences for a driver, including a one-year license suspension.
FIELD SOBRIETY TESTS
Police officers may also request that a driver participates in field sobriety tests. This is another attempt to obtain additional evidence of a driver’s intoxicated state. However, drivers are not required to participate in these tests. In fact, participation can only hurt their chances of an eventual acquittal at trial. All drivers have the right to politely refuse a field sobriety test. This may still result in an arrest, but it will make it more difficult for a prosecutor to eventually obtain a conviction. Our lawyers are well-versed in Tolleson DUI cases and can further explain how drivers can protect their rights during traffic stops.
SPEAK WITH A LAWYER TODAY TO LEARN MORE ABOUT DUI STOPS IN TOLLESON
DUI stops are always stressful. Police officers making these stops are trying to obtain more information to justify an arrest and prosecution for serious crimes. While it may be impossible to prevent a stop from turning into an arrest, there are things that you can do to help build a proper defense against eventual prosecution.
A seasoned lawyer can evaluate the reasons for the stop. Police officers must have reasonable suspicion of illegal activity before stopping a driver. Without reasonable suspicion, any evidence that results from the stop cannot go to trial. You also have the right to refuse to participate in field sobriety tests, although refusing to take a blood/alcohol level test will have severe consequences. Talk with an attorney to learn more about protecting yourself during a DUI stop in Tolleson. Call Grand Canyon Law Group today for a consultation.
PENALTIES FOR DUI IN TOLLESON
DUI cases are serious matters. Under the state’s DUI statute, a conviction is a class 1 misdemeanor. This means that a court may sentence a guilty party to serve up to six months in jail. However, the law also creates a mandatory minimum jail sentence of ten days, although successfully completing an alcohol education program may reduce this time.
DUI convictions also have serious financial ramifications. First offenses will result in a minimum fine of $1,250, require a driver to install an ignition interlock device on their vehicle, and require a 90-day license suspension. It is important to note that these penalties are for a first offense without any aggravating circumstances—repeat offenses and aggravating factors may result in much harsher sentencing. A DUI lawyer at our firm can provide more information about the potential penalties and how to fight against them.
DEFENDING CLIENTS FACING DUI ACCUSATIONS
There are many potential defenses in DUI cases. It may be possible to show that a police officer did not have a legitimate reason to make a traffic stop. If this argument succeeds, a court must exclude that officer’s observations after the illegal stop.
A Tolleson DUI lawyer could also examine the methods that the police officer used to obtain a blood/alcohol content test. Many officers do not correctly calibrate breathalyzer machines, and a failure to do so may call that test result into question.
Finally, an attorney is ready to cross-examine a police officer at trial concerning their supposed observations of the driver. If an officer cannot remember exactly what happened during a stop, or if their observations do not match with typical signs of intoxication, this may raise reasonable doubt in the minds of jurors concerning the strength of the prosecution’s case. Our Tolleson drunk driving lawyers are skilled at presenting a variety of defenses and can help determine which strategy fits the specific facts of the case.
CONTACT A TOLLESON DUI ATTORNEY IMMEDIATELY
DUI charges are serious matters that can impact every part of your life. At a minimum, a conviction can force you to pay heavy fines, lose your license for at least 90 days, and spend time in jail. Clearly, it is vital to protect yourself against these severe penalties.
Give yourself the best chance of success by hiring a Tolleson DUI lawyer to handle your case. Reach out to the Grand Canyon Law Group now to discuss your situation and get the representation you deserve.
Call or text 480-400-5555 or complete a Free Case Evaluation form