Extreme DUI .190 (Tempe) – Reduced to Reckless Driving – 5/23/2017


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My Client was involved in a serious motorcycle accident and suffered an extremely serious head injury. He was transported to the hospital where the police obtained a sample of his blood without exigent circumstances or a warrant.
 
Arizona law requires that you give consent to the chemical tests and if you refuse then the officer must get a warrant. If you do consent to the breath or blood test, your license will be suspended for 90 days.
 
Under most circumstances, after 30 days of no driving you will be able to get a restricted license. Please also be aware that if you are arrested for DUI and refuse (by not consenting or not answering the officer) the blood, breath or urine test, your license will automatically be suspended for one year. The suspension can be longer if this is your second DUI offense.

Always ask to speak with a lawyer prior to consenting to the breath or blood test.
 
Due to the severity of the injuries my Client moved out of state for rehabilitation. During that time the State filed charges against him, but could not locate where he lived so they issued a warrant for his arrest.
 
I took over the case and was able to get the DUI dropped. My Client pleaded to reckless driving and they received a $400 fine. My Client never had to come back to Arizona to resolve the charges against him and he was able to get his license back.

If you are arrested for a DUI in Tempe always be civil

  • Always be civil with the officer
     
  • When asked, respectfully provide your license, registration, and insurance. Refusal to do so will only make matters worse
     
  • Obey the Officer if asked to step out of your vehicle
     
  • If the officer asks you if you have been drinking, invoke your 5th Amendment Right. Your 5th amendment right is the right to remain silent
     
  • Immediately request an attorney
     
  • Politely refuse all field sobriety tests such as the eye test, the walk & turn and the one leg stand
     
  • When asked, refuse the preliminary breath test (PBT). The PBT is a small breath machine that is carried by officers that can be administered on the side of the road
The police will probably arrest regardless of whether you do the tests or not because the Officer will say that they could smell the odor of alcohol or they noticed bloodshot and watery eyes, your voice was slurred, or you are swerving. There is no need to help them more by doing the tests.

Contrary to popular belief, your license will not be suspended if you refuse the PBT.

Personal Representation

We all have Constitutional Rights, and as a DUI Defense attorney in Tempe I personally defend the rights of my Client in court.
 
Contact Aaron Black to learn more about your rights or you have been pulled over for a DUI. Need help immediately? Call 480-729-1683 to set up a free consultation today.


 

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