October 2012 Archives

October 8, 2012

DUI lawyer Chandler AZ.jpg5 reasons police conduct Preliminary Breath Tests

Arizona is one of a majority of states with Preliminary Breath Test (PBT) Laws.

The PBT is a small mobile device used to establish the presence of alcohol in a person's system. The PBT is intended to be used as an early detection or screening tool by police. Arizona does not allow a PBT to be admitted as evidence in court against a person accused of DUI, because the machines historically are not considered accurate in measuring exact Blood Alcohol Content (BAC) Levels. In addition, PBT units are not calibrated or routinely maintained like the official Breath Tests Machines.

Arizona Portable Breath Test (PBT) Law

Under A.R.S. 28 § 1322 Preliminary Breath Test law a police officer who has reasonable suspicion to believe a person is driving under the influence of drugs or alcohol has authority to request that a person submit to a preliminary breath test.

Under this law, the officer may also require the person to submit to further testing
pursuant to the Implied Consent Law A.R.S. 28 § 1321. This includes DUI blood, breath, urine testing.

5 reasons PBTs are commonly used in Arizona

The National Highway Safety Administration recognizes that although the PBT is useful, it is not admissible as sole evidence to determine BAC; but is generally reliable in determining if any alcohol at all is present in a person's system. Arizona courts do consider PBT evidence to be admissible in court as evidence against a defendant facing DUI charges. Below the police may likely choose a PBT in a DUI field investigation:

• To determine or rule out DUI influence of alcohol v. drugs;
• Drivers who may have a high alcohol tolerance level, and can perform field sobriety tests or other tasks to a greater degree than those with lower tolerance levels;
• To detect if an underage 21 person is under the influence of any alcohol in violation of the state's Zero Tolerance law;
• As a preliminary DUI screening test only; and if positive, will be followed up with an Official Breath Test Machine.
• At the scene of a DUI collision where the driver is suspected of DUI, but has been injured and is unable to perform Standard Field Sobriety Tests (FSTs).

Criminal Defense for DUI Chandler AZ

Arizona laws and penalties are some of the toughest in the country. If you have been arrested for any type of DUI you should always consult a qualified criminal attorney to discuss your charges. You should do this before you appear in court or plead guilty to the charges. You have the constitutional right to defend your charges, and this is done by pleading not guilty and retaining proper legal representation. There may be defenses that you are not aware of that if used, may lead to a dismissal of charges, sentencing, or other favorable outcome in your case.


Additional Resources:


Arizona State Legislature - Portable Breath Test Laws A.R.S. 28 § 1322

Arizona State Legislature - Implied Consent Laws A.R.S. 28 § 1321

Arizona Department of State - Public Safety - Determining Alcohol Concentration

Arizona Governor's Office of Highway Safety - DUI laws

Continue reading " Portable Breath Test (PBT) Laws " »

October 2, 2012

Criminal Arrest Phoenix AZ.jpgDomestic Violence Charges

The police and prosecution take domestic violence very serious. They egregiously pursue convictions in these cases because they are considered to be a crime against a victim.

Domestic violence refers to a familial relationship. The victim may be a spouse, partner, brother, sister, grandparent, child, or other persons residing together.

Police have the burden on the scene to distinguish the aggressor from the victim. Often the victim is cited or arrested when the police are unable to identify which party was the aggressor at the scene. It can also occur when false accusations are made against a victim by the aggressor.

Police Departments keep logs of incidents where the police have been called to a residence before. In many of these cases, an arrest will be made, or both parties will be cited, or arrested and forced to defend their charge in court.


Arizona Domestic Violence Laws

Domestic Violence (DV) crimes are described under Arizona Law ARS § 13-3601. This law applies to specified domestic persons who become victims of assault, homicide, threat, intimidation, neglect, abuse or other act of violence.

Offenses may be classified as felonies or misdemeanors, and penalties vary depend on circumstances involved. They include: aggravated or mitigated factors; age of the victim; nature and severity of injuries; if a weapon was used; and whether or not the crime was dangerous or non-dangerous; and if the crime was a first time or repeat offense.


Penalties for Non-Dangerous Domestic Violence Offenses

Non-dangerous Misdemeanor DV charges call for minimums of 30 days to 6 months in jail; and fines from $500.00 to $2500.00.

Non-dangerous Felony DV charges call for 6 months to 18 months in prison, minimums; and 4 to 10 years maximum ranges.

Persons convicted of non-dangerous domestic violence offenses may be ordered to participate in domestic violence offender or anger management counseling programs.


Penalties for Dangerous Domestic Violence Offenses

Dangerous Felony first time offenses expose a person to a minimum of 18 months to 3 years in prison; and maximum penalties of 7 years to 21 years on prison.
Felony domestic violence offenders will be exposed to court ordered fines that can reach a maximum of $150,000, plus restitution.

Persons convicted of domestic violence offenses will be ordered to participate in domestic violence offender or anger management counseling programs. Additional Court ordered penalties may apply such as community service, or probation.


Criminal Defense Attorney for Domestic Violence Crimes Mesa, AZ

If you have been charged with any domestic violence offenses you should consult a criminal defense attorney before pleading guilty. There may be defenses that can be used to challenge the charges, lead to suppression of evidence, or even a dismissal of charges. It is never a good idea to go to court without qualified legal representation for any criminal offense. If retained, an attorney will protect your rights, defend your charges. If the case can't be dismissed, they will work to mitigate sentencing to help you avoid or reduce harsh jail or prison sentencing.


Additional Resources:


Arizona Coalition Against Domestic Violence .

City of Mesa Police - Family Violence Unit can also provide assistance

Arizona Court - Domestic Violence Information and Resources

Continue reading "Domestic Violence: Why victims are often charged or arrested " »