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.
 

About the Author

Aaron Black is the founder and sole attorney of the Law Office of Aaron Black. Located in Phoenix, Arizona, his DUI and criminal defense law firm provides legal services to people who have received felony or misdemeanor charges from the state.

Aaron has developed a strong interest in defending people who have been arrested and received criminal charges for driving under the influence. With his professionalism and knowledge of Arizona DUI and criminal law, he has acted as a check and balance on the police, prosecution and courts and has protected a great number of his clients from excessive and unfair sentencing.

Along with DUI defense, Aaron handles a range of other criminal matters, including aggravated assault, burglary, domestic violence, drug possession, drug trafficking, fraud defense, insurance fraud, sex crimes and white-collar crime.

After graduating college in 2003 from the University of Arizona, Aaron decided to pursue a law degree. He followed a family long tradition and went to the University of South Dakota School of Law where he pursued his goal of becoming a criminal defense lawyer.

After passing the Arizona and South Dakota bar exams, Aaron joined the Maricopa County Office of the Public Defender where he defended hundreds of people charged with serious criminal offenses. His work as a public defender helped him sharpen his litigation skills and gave him a unique insight into the Arizona criminal justice system.

Over the course of his 15-year legal career, Aaron has spent a considerable amount of time in both Arizona justice, municipal, state and federal courts. He has argued over 50 jury trials, tried over 100 bench trials and has become one of the highest-rated criminal and DUI defense attorneys in Phoenix and the surrounding areas. He has received a 10/10 rating from the legal directory Avvo because of his legal background and successful case record. Since 2014, he has received the Super Lawyer rating for his work as a Phoenix DUI and criminal defense attorney.

You can review Aaron’s Attorney Bio page for more information about his background, education and experience as a Phoenix DUI and criminal defense attorney.
 
In light of the Coronavirus pandemic, I wanted to inform clients and potential clients I am still available for consultations. I am always available by phone, text and/or email. We can also use Facetime for social distancing. The criminal justice system is not stopping due to COVID-19.

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