Why am I charged twice with DUI?

by Aaron Black • February 10, 2012
DUI is almost always charged twice. The first charge accuses a person of DUI for being impaired to the slightest degree by alcohol or drugs.

The second charge accuses a person of DUI for being over the legal limit or .08, .15, or .20. This is also the charge if someone has an illegal drug or drug metabolite in their system.

One of the reasons why the prosecution charges a DUI twice is because if the blood results are suppressed you can still be prosecuted for being impaired (drunk or high).

To convict on this charge the prosecution uses the police officer's observations which is why you should NEVER do the field sobriety tests.

Cues Police look for to detect drivers under the influence

  • Turning with a wide radius
     
  • Straddling the center of the lane marker
     
  • "Appearing to be drunk"
     
  • Almost striking an object
     
  • Weaving
     
  • Driving on other than designated highway
     
  • Swerving
     
  • Speed more than 10mph below the speed limit
     
  • Stopping for no reason in traffic
     
  • Following too closely
     
  • Drifting
     
  • Tires on lane marker
     
  • Erratic Braking
     
  • Driving into oncoming traffic
     
  • Inconsistent signaling
     
  • Slow response to traffic signals
     
  • Stopping inappropriately
     
  • Turning abruptly or illegally
     
  • Accelerating of Decelerating rapidly
     
  • No headlights

What should I do if I’ve been pulled over for a DUI?

  • Immediately ask for an Attorney
     
  • Let the police know that you will not answer any other questions without an Attorney present
     
  • Invoke your Fifth Amendment right to remain silent. Remember that anything you say may be held against you and incriminating evidence can be used against you should your case go to trial.
If you have been arrested for DUI contact Phoenix DUI Lawyer Aaron Black or call for a free consultation at 480-729-1683.

Phoenix DUI defense attorney Aaron Black is a 2012 Southwest Super Lawyer Rising Star in Criminal/DUI Defense. This distinction is awarded to lawyers whose peers have ranked them as the top 2.5% of lawyers in heir field under 40 years old.