Driving under the influence is an offense that’s taken quite seriously throughout the United States. It is no different in Mesa, Arizona; a conviction for driving drunk has severe consequences that can affect one’s career, finances, personal life, and freedom.
As a criminal defense lawyer in Mesa, AZ, it’s important to understand the relevant laws and regulations that apply to DUI charges. In Arizona, it is illegal to operate a vehicle with a blood alcohol content (BAC) of 0.08% or higher (.04 if you are driving a commercial vehicle). However, a person may still be charged with DUI even if their BAC is below 0.08% if the arresting officer can demonstrate that the person is impaired to the point that they cannot safely operate a motor vehicle.
Proof of impairment can be established through the arresting officer’s observations, field sobriety tests, and chemical testing such as breath, blood, or urine tests. However, these tests are not always reliable, and there are several potential defenses that can be used to challenge the prosecution’s case:
- Inadequate testing equipment: The accuracy of chemical testing equipment can be called into question if it is not properly calibrated or maintained. Additionally, errors can occur during the testing process that can result in inaccurate readings. In such cases, the defense can argue that the test results should be thrown out or given less weight.
- Mishandled samples: Chemical tests require careful handling and preservation of samples to ensure accuracy. If there is evidence that the samples were mishandled or contaminated, the defense can argue that the results are not reliable.
- Illegal actions by law enforcement: If the arresting officer did not have probable cause to pull the defendant over or failed to follow proper arrest procedures, the defense can argue that the arrest was illegal and the evidence should be suppressed.
- Medical conditions or prescription medication: Certain medical conditions, medications, and even diet can cause false positive readings on chemical tests. In such cases, the defense can argue that the defendant’s BAC was not actually above the legal limit and that they were not impaired while driving.
- Rising BAC: The time between drinking and being tested can affect the accuracy of test results. If the defendant’s BAC was rising at the time of the test, it’s possible that their BAC was below the legal limit while driving but above it at the time of testing.
It’s important to note that each DUI case is unique and requires careful examination of the evidence and circumstances. If you are facing DUI charges in Mesa, AZ, it’s important to seek qualified legal representation to help you explore your options and build a strong defense.
The penalties for driving under the influence of drugs or alcohol in Arizona, include fines, imprisonment, probation, and mandatory education programs. If you are facing DUI charges in Mesa, it’s essential to understand the consequences of failing to take action and the potential penalties.
Fine Payment and Imprisonment
Mesa’s laws provide for hefty fines for DUI offenders, and the amount that you have to pay is determined by the severity of the conviction. For instance, a first-time DUI conviction can attract a fine of $1,250. If you are a second-time offender, you could be required to cough up at least $3,250 in fines.
Moreover, the court can impose a jail sentence if you’re found guilty of DUI in Mesa. The maximum incarceration period depends on the number of previous convictions and the particular circumstances of your case. First-time DUI offenders could at least 10 days in jail, while repeat offenders will face at least a 90 day sentence.
Additionally, if your DUI charge falls under the aggravated or extreme category, you could face longer jail terms. If you are convicted of driving under the influence while your license is suspended, revoked or canceled; if it’s only been 84 months since your last DUI offense; if a person younger than 15 was in the car with you at the time of conviction; or refused to submit to a blood alcohol content test when required by an ignition interlock device mandate – then this category of DUI applies to you.
If convicted, you may serve no more than two years in prison and lose your license for one year. You will also need to undergo alcohol screening/education/treatment as well as equip any car you operate with a certified ignition interlock device. Furthermore, the court may order community service as an additional punishment.
Probation
Probation is also a possible DUI penalty in Mesa, Arizona. If the court grants probation, when you are released from jail or prison, you will be put under strict conditions. These conditions could include community service, attend an array of DUI classes, refrain from alcohol or drug use and more.
Probation typically lasts between one and three years, and during this period, you can’t violate any terms set by the court or face additional penalties, including imprisonment. Therefore, it’s crucial to adhere to all the probation conditions to avoid further legal troubles.
Mandatory Education Programs
To reinstate your driver’s license and avoid more stringent DUI penalties, you might enroll in mandatory education programs. These courses offer comprehensive instructions on the dangers of drunk driving, alcohol abuse intervention, and treatment, among other topics.
Generally, the DUI education program will take up to 16 weeks or more, depending on the severity of your conviction. Be aware that when attending DUI classes, you’ll have to cover expenses that could include tuition fees, books, and other relevant materials.
Additional Penalties
Apart from the penalties mentioned above, DUI offenders in Mesa, AZ, can face other penalties that include:
- Installation of Ignition Interlock Devices (IID): If you’re convicted of DUI, a judge may order you to install an IID in your car’s ignition system. The IID works as a breathalyzer, requiring you to provide a breath sample before starting your car. If you have alcohol in your system, the car won’t start. The IID can last up to 1-2 years, depending on the severity of your conviction.
- Driver’s License Suspension: The court will revoke your driver’s license if you’re found guilty of DUI in Mesa, AZ. The revocation period varies, depending on the offense’s severity, your driving record, and previous DUI convictions.
It’s clear that the legal system in Mesa, Arizona, treats DUI offenders harshly. Therefore, it’s critical to seek professional legal help when facing DUI charges to avoid severe consequences. A DUI defense attorney can evaluate the circumstances of your case, build a strong defense, and negotiate for a reduced sentence or penalty.
Don’t let a DUI offense ruin your life; the associated penalties can follow you for years, affecting employment opportunities, traveling plans and social interactions. Call The Harding Firm now to pursue legal defense to make sure you get the best representation possible!
