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Tucson Criminal Defense Blog

A breath test must be calibrated properly

You get pulled over on the way home one evening in Arizona. You rolled through a stop sign, and you know it. You're just in a hurry because your favorite show starts in five minutes and you were hoping to get home in time.

As you talk to the officer, it becomes clear that you have far more to worry about than missing the show. He or she thinks you're intoxicated. You take a handheld breath test and it comes back with 0.10 on the display. You're over the legal limit.

False domestic violence allegations could keep you from your kids

One of the most heartbreaking parts of a false domestic violence allegation is that you may be barred from having contact with your kids.

After all, it may only take an allegation for your spouse or partner to get a temporary protection order. You haven't gone to court yet. Nothing has been proven. But you still have to abide by the order.

What rights do I have during a traffic stop?

When you see the lights from a police car behind you, you may feel as though your stomach falls to the ground. A traffic stop is never a pleasant situation. However, you do have rights during a traffic stop, and these rights are very important when it comes to what might happen in the future.

When you're stopped by police, you have a right to pull your vehicle over only when it is safe to do so. Once stopped, you should turn your vehicle off and stay inside. Keep your hands where the officer can see them, such as on the steering wheel. If it is nighttime, turn your interior light on.

What will happen if I get a DUI in Arizona?

Let’s say that you’ve spent the evening with friends, hanging out, listening to music and drinking a few rounds. It’s getting late, and you’re ready to leave. The problem is, you’ve already had several drinks. You don’t feel drunk, though—just a little buzzed. Do you get in your car and drive? Still, it is a lapse in judgement that many people can, and will, make.

Driving under the influence of alcohol is not only dangerous-- it’s also a serious crime that can have life-affecting consequences. If you have been charged with a DUI, you are probably wondering what penalties you could face. Did you know, for example, that Arizona requires jail time for first-time DUI offenses? Or that a minor who is caught driving with any amount of alcohol in their blood can be charged with a DUI? These are just two examples of the consequences for driving under the influence in the state of Arizona.

4 tips for dealing with police during a DUI stop

You get pulled over and the officer tells you he thinks you may be intoxicated. He saw you drift over the center line and now he claims your eyes make it look like you've been drinking.

It's critical to remember your rights when something like this happens. At the same time, it can help to know a few tips for dealing with the police, whether or not you've had anything to drink.

  • Do not act angry or belligerent. This never helps. Even if you think the police are wrong, be calm and polite. Do not escalate the situation.
  • Follow directions. For instance, the officer will ask for your license and registration. He may ask you to get out and do some field sobriety tests. Follow the instructions or you could be arrested, even if you've done nothing else wrong.
  • Remember your right to silence. You don't have to say anything, no matter how many times they ask.
  • Understand what you're doing if you refuse the initial breath test. You may be allowed to do so. Police can't force you to submit. That is your right. However, Arizona has implied consent laws that mean you can still get into legal trouble just for turning down the test.

DUI defense options to consider

One of the biggest mistakes motorists in Arizona who receive DUI charges make is believing they cannot do anything about their situations. Criminal charges are not the same as convictions. Charges can be reduced or dismissed, but convictions stay on a person’s criminal record for the rest of his or her life.

If you find yourself in a position where you face prosecution for a DUI charge, do not procrastinate. Write down everything you can remember about the situation as soon as possible so you can examine the facts for possible defense options. You should also consider the following possible DUI defense strategies. 

Police cracking down on drunk drivers around the holidays

Police in Arizona have a special focus on drunk driving this year. They've worked hard to make more traffic stops and more arrests, something they plan to do for the entire holiday season.

The holidays often tend to see a spike in drunk driving. People are celebrating, getting together with friends and taking time off from work or school. The festive atmosphere can be fun, but it also means more people head out to the car wondering if they're really under the limit and safe to drive.

Do you have to let the police inside?

It's 10 o'clock at night. You're sitting down to have a drink and watch some Netflix when there's a knock at the door. You open it a crack and find two police officers standing outside. They say they have some questions and want to come in and talk. They smile and say it will just take a minute.

Do you have to let them in?

Navajo County's new police dog sniffs out $217,000 worth of meth

It appears that one of the most recent recruits to the Navajo County Sheriff's Department has earned his keep. The county's chief deputy announced that its newly-acquired drug-sniffing dog found one of the larger caches in the department's history the previous day. On Oct. 31, the dog, who'd only been acquired two weeks prior, sniffed out a cache of drugs estimated to be worth as much as $217,000.

A spokesperson for the Holbrook-area police department noted that he believed this Interstate 40 bust was the first that this particular dog had been taken out to handle on his own. The stop happened approximately 150 miles north of Phoenix.

Domestic violence can just mean angry words were exchanged

When most people think about domestic violence, they have a very specific picture in mind. Typically, it has to do with physical contact being made, injuries that land one person in the hospital and the other person being hauled away by the police in a sea of flashing lights.

The reality, though, is that every case is different. Domestic violence charges may look nothing like you'd expect. For instance, you may never have made physical contact at all, but the words that were exchanged could lead to charges all on their own. If threats of violence were made, that may be enough for the authorities to be called.

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