DUI Marijuana Defense

Defense Against DUI Charges and Drug Charges

The Law Office of Ricardo A. Bracamonte is here to keep you informed about DUI and marijuana defense. You can be convicted of DUI in Arizona if you are driving a vehicle under the influence of drugs or alcohol and you are impaired to the slightest degree. See. A.R.S. §28-1381(A)(1). A chemical test is required to be convicted under A.R.S. §28-1381(A)(2), which calls for a blood alcohol reading of .080 or more of blood alcohol concentration in the body within two hours of driving.

Suppose you have a blood alcohol concentration of .080 or more within two hours of driving. In that case, there is a presumption against you that you were driving under the influence. A jury heavily considers this presumption when deliberating your guilt or innocence. If no alcohol is present, a Drug Recognition Evaluation may ensue according to A.R.S. §28-1381(A)(3) to determine the presence of illegal drugs in the body.

Of course, before a DUI investigation begins, the police officer must have a valid reason to stop your vehicle. The NHSTA trains DUI officers to look for specific "cues" or observations of driving impairment. NHSTA lists 24 driving cues. If there was no reason for the stop, the case must be dismissed for lack of reasonable suspicion of criminal activity.

Be Prepared for Various Tests

A DUI investigation will probably ensue, assuming there was a valid stop and you admit to drinking. This means the officer will have you do several field sobriety tests (FSTs) to determine whether you can drive any further.

Outside conditions such as ongoing traffic, temperature, wind, rain, and surface condition can impact your ability to pass these tests. Also, your physical attributes, such as weight, age, and health, come into play. After FSTs are conducted, and the officer will most likely determine that you failed, he will give you a chemical test, typically a blood test, out on the roadside.

Whether you want to submit to a chemical test depends primarily on how much you consumed that evening, along with other factors such as a pattern of drinking, what you have eaten, and when you last ate. Many factors in a DUI case must be examined correctly, so it's essential to have expert legal representation for your DUI defense.

Building the Strongest Possible Defense

Don't hesitate to contact our firm to learn more or speak with a lawyer. You can call us or reach us online. We're always prepared to help.