We have all seen it in movies or on television where the police officer pulls a swerving car to the side of the road. The driver is asked to step out of his car and the officer begins to ask the driver a series of questions or instructs the driver to perform certain actions in an effort to determine if the driver is drunk.
In the second round of a high-profile DUI case, the attorneys defending the founder of the International Polo Club is challenging the blood alcohol evidence the prosecution is trying to have admitted in the trial. The challenge is an excellent example of how the scientific technical aspects of a DUI charge can be the difference between a verdict of guilty or not guilty.
Driving under the influence or driving while intoxicated charges are serious criminal accusations. It can be difficult to fight these allegations in court, as juries often side with the arresting officers. The primary evidence tends to be field sobriety tests, which can appear to incriminate the accused individuals.
Arizona residents may be aware that this state is an “implied consent” state with regard to testing for alcohol or drug intoxication while driving. This post addresses some of the questions that can arise in connection with implied consent.
When does implied consent become effective?
The dangers of drunk driving are now common knowledge. Citizens of Arizona are most certainly aware that if they are charged with DUI they will be facing serious consequences.
The specifics of these potential consequences may not be as well known, especially to drivers who are new to Arizona, and young drivers who have only recently had to learn about the penalties associated with a DUI arrest.