Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here Arizona DUI Penalties »
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- Implied consent laws require the suspected drivers, driving under the influence to admit to breath, blood, or urine testing for alcohol content. Refusal for going under through those tests can result penalties that can include mandatory suspension of a driving license.
Blood Alcohol Concentration (BAC)
In Arizona if any driver is having blood alcohol concentration level above .08 % then he will be deemed “per se intoxicated” under the law. Under this condition, this evidence is all that is needed for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
Zero Tolerance Blood-Alcohol Concentration
Zero tolerance laws in all states center on drivers not of legal drinking age. In Arizona drivers under 21 years of age operating the motor vehicles with a .02% blood alcohol level or higher than that will be convicted for DUI charges.
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Man gets prison in 2 DUI wrecks »
On Friday a Tucson man has been sentenced to 10 years in prison for a couple of alcohol-related hit-and-run crashes, one of the two crashes has sent a woman to the hospital and she has suffered from life-threatening injuries.
It has been shown by the court records that Last month Eric David Marrufo, 29, has been pleaded guilty to two counts of aggravated DUI and one count of aggravated assault that arises from accidents in July 2008 and March 2009.
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What Happened to the Presumption of Innocence? »
This happens in most countries of the world, an illegal charges by the State forces the accused to prove himself innocent. However, in America, the presumption of innocence has always been a fundamental part of our rights as a free people.
This basic protection that has been given against the power of the government has been recognized as flowing from the 5th, 6th and 14th Amendments to our Constitution. As said by the United States Supreme Court, “The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our criminal law.” Coffin v. U.S., 156 U.S. 432 (1895).
So what has happened to this presumption of innocence in a case of drunk driving? Can we consider this as another example of “the DUI exception to the Constitution”? So let us take a look at how this fundamental right has been slowly eroded by our DUI laws….
So now Let us assume that you have been arrested for drunk driving, and a reading of .09% blood-alcohol concentration (BAC) is shown by breathalyzers. By the breathalyzer you will be charged probably with two crimes:
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Do Breathalyzers Discriminate Against Women? »
If you have been charged for DUI and if it has been shown by a breath test that your blood alcohol concentration (BAC) is .08% or higher, then you are guilty. Of course, it does not matter, whether you are a man or a women: there is no discrimination in law.
Maybe they should…
It has been found by the researchers at the University School of Medicine in Trieste, Italy, that the stomach lining contains an enzyme called gastric alcohol dehydrogenase that breaks down alcohol, and in women this enzyme is less than a men. In order to determine the relative effects of the enzyme, they gave alcohol both orally and intravenously to groups of alcoholic and non-alcoholic men and women.
It has been found that women reached the same levels of blood alcohol as men after drinking only half as much; having taken the weight differences into account, it has been founded by them that women reached BAC levels illegal in a DUI case after drinking 20 to 30 percent less alcohol than men.
The scientists’ concluded that when defining safe levels of drinking for driving motor vehicles legislatures may need to consider sex differences in drunk driving laws.
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DUI Defense Strategies: Errors of DUI Investigation »
In this article we have described few probable errors of DUI Investigation such as Blood Test Errors, errors in Probable Cause Arguments,Procedural and Administrative Errors.
Blood Test Errors
Blood tests are generally more accurate. The reasons of errors in blood test are flaws of their own.
Below we have given a list of these errors:
• Test is not administered properly.
• The test is contaminated, such as by swabbing the skin with alcohol.
• The time between the sample drawn and its analysis the alcohol may be formed in the sample by fermentation.
• There could be a mix up in samples that have resulted in a wrong blood sample being analyzed.
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What if you are arrested for DUI in Missouri? »
If we talk about Missouri DUI, driving under the influence does not mean driving under the influence of alcohol but it refers to driving under the influence of drugs. Instead of DUI the DWI is used to refer to drunk driving, or driving while intoxicated, in Missouri. In regards to DWI conflictions the state of Missouri operates under a per se law. This law states that a person can be arrested by cops for DWI if he or she has blood alcohol content (BAC) tests at .08% or higher. This means that, although your driving might appear safe, but if there is enough alcohol in your system, you can be convicted of a DWI.
Procedure for DUI Arrest in Missouri
When you are stopped by the cops as a suspicion of DWI, the officer who has stopped you will ask you to submit to a BAC test. If you refuse to take this test, then this refusal of yours will be used against you in court. This will cause you to face tougher administrative penalties and a longer license suspension time. It is up to you that if you wish you can contact to an attorney before deciding whether or not to take the test. It is directed by the state law that you should be given 20 minutes to try to talk to a lawyer to discuss your choice.
Consequences of DUI Arrest in Missouri
As a result of a Missouri DWI arrest you will face two cases, one of them in the criminal courts and another is the administrative hearing. In case if you refuse to take the BAC test or if the results are .08% or higher, they will give you only 15 days to file the paperwork for the administrative driver’s license hearing. If you fail to do so, it will result in a loss of driving privileges. Due to this reason, it is necessary to have an attorney working on your case to ensure that you have your hearing ad complete your paperwork on time.
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