Driving under the influence is a unique
crime in the sense that we see it being committed regularly by just normal,
everyday, run-of-the-mill people. Unlike crimes such as felony assault or
battery, it is not something usually only committed by hardened criminals or
someone with a past criminal record.
There are all types of DUI offenders in
Arizona who have put themselves in the legal hotseat in an already hot state.
But this seat does not have to be so hot if you hire Gordon Thompson who is
leading and sensational lawyer in AZ. You can see him right here. Just because the police
say it is so does not always mean it is so!
Overall
ethical and kind criminals
There are vast laws governing the
subject of driving under the influence and these laws have come under even more
scrutiny and fine tuning in the recent years as driving under the influence has
received much more negative attention especially with several non-governmental
organizations determined to bring awareness to the subject.
According to Phoenix AZ DUI lawyers,
these laws are not constant throughout the country, they vary slightly from
state to state, but overall they are more or less similar. In most states like
Arizona, driving under the influence is defined as when someone operates a
motor vehicle with a blood alcohol content equal to or higher than 0.08% BAC (this
limit is exclusively for adult, non-commercial drivers).
Therefore, to charge and convict someone
of driving under the influence, law enforcement, and the prosecution need to
prove that their blood alcohol level was in fact over the legal limit. How do
they do this? This evidence is usually gathered by sobriety tests performed
after the arrest. Sobriety testing may include a breathalyzer test, field
sobriety tests, and toxicology reports from blood/urine samples.
What
are the consequences of not giving a breathalyzer test?
But what if one refuses to submit to
these tests? As per the constitution, your body is your own property, just like
your house or your car. This entails that for a law enforcement officer to
search your property (in this case submit you to a breathalyzer test) he or she
needs your due permission or a search warrant.
Hence, constitutionally speaking you can
refuse to give into a breathalyzer or any other test. In fact many Arizona DUI lawyers
suggest that their clients do not to submit to these tests.
 |
| Gordon Thompson says you are innocent until proven guilty. Gordon Thompson works hard while proving that America is not Russia and that individuals have rights even if they make a dumb mistake. If you need a Maricopa County or Phoenix DUI lawyer, this is where you should head to: www.gordonthompsonattorney.net. |
But legislators are aware that this is a
hindrance and that it will pragmatically affect their ability to regulate and
reduce the dangerous practice of driving under the influence. This is precisely
why many states like Arizona have what is known as an implied consent law.
Implied
consent law
According to Phoenix, AZ DUI attorneys
the implied consent law is essentially an agreement that a driver makes during
the time when they are issued with their state driver’s license. This is an
agreement that they are willing to undergo any sobriety testing as and when
required as part of being issues their driver’s license. This is why the law
has aptly been termed implied consent. Therefore, when such drivers refuse a
test when they are arrested or pulled over with suspicion of DUI, their
licenses can be revoked or suspended right away.
If you have been arrested or charged
with DUI it is prudent to seek legal counsel. An outstanding and remarkable
Maricopa County DUI lawyer is your best bet to help build a solid defense and
challenge the evidence based on the circumstances of your case.
No comments:
Post a Comment