ABOVE LEGAL LIMIT DUI IN PHOENIX, AZ
Driving With an Alcohol Concentration Above a Legal Limit
Per Se DUI and Chemical Test Results
PROFESSIONAL DUI LAW FIRM SERVICES IN PHOENIX, AZ
Arizona has a DUI law that arises solely from the results of chemical test. This kind of crime is called a per se DUI. It alleges that you were driving with an alcohol concentration above a legal limit. A “per se” statutes that make something in and of itself a criminal offense. For example, in Arizona DUI cases it is illegal to have an alcohol concentration of .08 or greater – regardless of whether you are impaired by that level of alcohol.
What Is the Phoenix, Arizona DUI Alcohol Limit?
Limit of what? Arizona law specifically defines an alcohol concentration (a.k.a. “BAC”) It also makes distinction between how it is defined in blood and breath. Arizona law provides that an “alcohol concentration” if expressed as a percentage means either:
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Impairment Not Required
A per se violation solely concerns the results of a chemical tests. It does not address the effects of alcohol or drugs on the body. Here is how Arizona juries are instructed on the “Presumptions of Intoxication:”
These are rebuttable presumptions. In other words, you are free to accept or reject these presumptions after considering all the facts and circumstances of the case. Even with these presumptions, the State has the burden of proving each and every element of the offense of driving under the influence beyond a reasonable doubt before you can find the defendant guilty. See A.R.S. § 28-1381(G) and (H).
Above the Legal Limit DUI FAQs
Misdemeanor DUI Penalties in Scottsdale and Phoenix
"Lawrence represents very high-profile clients who greatly depend on a good outcome, and this guy will deliver.
This is a prosecutor's worst nightmare, and it should be that way if you need an attorney."
- David E.
Real Client's Husband, Phoenix, AZ
Hiring an Experienced Above Legal Limit DUI/DWI Attorney in Phoenix, AZ
Arizona DUI law is extremely complicated and has severe consequences. DUI law is commonly referred to as a minefield. An attorney must be competent in the Arizona Rules of “Criminal” Procedure, the Arizona Rules of Evidence, the United States and Arizona Constitutions, and the Arizona Department of Motor Vehicles Rules and Regulations.
An attorney cannot do anything for you unless he or she has extensive experience in these areas. Police officers are only human and do commit legal errors. However, only an experienced DUI attorney will be able to find these errors and use them to help his or her client.
You should choose an experienced DUI attorney for the same reason you should choose a qualified doctor. If you break your wrist, you go to a doctor that specializes in wrist injuries. When you are charged with a DUI, you should hire a qualified DUI attorney.
An experienced Arizona DUI attorney can analyze your case for legal errors and defenses. He or she can have blood samples independently analyzed, look for suppression issues, review calibration / COBRA records of breath machines, find the right expert witnesses for your trial, and assist you with your driver’s license issues.
For more information, call our office at (602) 494-3444 or visit our contact page.
What Real People Are Saying
That is, DUI cases actually dismissed. Verifiable not guilty verdicts. Blood alcohol evidence truly suppressed as witnessed by judges, other lawyers, and newspapers.
Real Client's Husband, Phoenix, AZ
"Lawrence represents very high-profile clients who greatly depend on a good outcome, and this guy will deliver.
This is a prosecutors' worse nightmare, and it should be that way if you need an attorney."
- David E.
REAL CLIENT, PHOENIX, AZ
It was miracle!... A lot of people don't really understand the benefit of having an attorney who used to be a prosecutor. They know all the little tricks and scare tactics the state has as opposed to just hiring an attorney who is a little fish in a big pond."
- Joe C.
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For more information, call our office at (602) 494-3444 or fill out the form and we will get back to you.
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