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Mesa DUI lawyer

Can a Good Mesa, Arizona lawyer beat a DUI?

If you have ever been pulled over in Mesa, AZ after having too many drinks, you may already know that this city in the Phoenix Metro Area is among the most strict when it comes to Arizona DUI and DWI law. But simply taking the law seriously does not mean that law officers don’t make mistakes when it comes to charging or arresting for DUI. If this is the situation you find yourself in, you need to know that a good Arizona DUI lawyer can review the evidence in your Mesa DUI case and determine whether or not you will be eligible to have your Mesa DUI charges reduced — or even dropped altogether.

Lack of Probable Cause or Evidence: Your Best Odds at Getting AZ DUI Charges Dropped or Reduced

While it’s true there is a long list of reasons that give a police officer reasonable cause to pull you over, an arresting police officer who has charged you with a DUI or DWI in Arizona has to be able to prove this in a court of law. That means s/he will have to have record of why s/he pulled you over, and it must be documented in his or her arrest. If there is no evidence of having a light out, weaving in and out of traffic, improper lane change, following too closely, not using the blinker, making illegal stops or turns, or not being compliant with the speed limit, there’s a very good chance your Mesa DUI or DWI charges can be dropped, or at the very least reduced.

How BAC Results Can Be the Result of Faulty Equipment in a Mesa DUI Case

Breathalyzer machines oftentimes deliver readings that don’t reflect accurate amounts of alcohol in the human body. This can be caused by an equipment failure, a user error at the time the breathalyzer was administered, or a reading can be wrong because of improper calibration of the breathalyzer before the test was administered. Any of these can be reasons for an inaccurate BAC reading, and all of these can be reasons for the results of the breathalyzer to be dismissed by the judge.

Medical Conditions, Medications, and Other Common Causes for Inaccurate Breathalyzer Results that May Be Grounds for Dismissal of Arizona DUI Charges

In addition to faulty breathalyzer equipment, there are some medical conditions that can cause a breathalyzer reading to be incorrect as well. Some of these medical conditions are quite common, too —  acid reflux, ketosis can cause the test to be inaccurate too. If this can be proven, these results are thrown out, and a DUI charge can be dismissed.

In addition to medical conditions themselves, some medical treatments may also cause incorrect breathalyzer results. Overuse of aspirin, the use of common sulfur-based antibiotics and other sulfur-based medicines, and pseudoephedrine can also cause breathalyzer readings to be wrong.

Can you be charged with a dui in Arizona for driving under the influence of prescription drugs?

You may also need a DUI or DWI defense tailored to your unique case if you have been prescribed medications that could have resulted in a prescription medicine DUI in Arizona. Not to worry, the Shah Law Firm knows how to handle these kinds of cases and will work hard to get your prescription drug DUI in Phoenix or Mesa reduced or dismissed entirely. 

And finally, common everyday anxiety and overexertion can also cause a breathalyzer to give an inaccurate reading. Whatever the cause, if your breathalyzer results were incorrect because of one of these or any other reason, the Shah Law Firm will get to the bottom of it and help you get your Mesa, AZ DUI or DWI reduced or dismissed.

Schedule a No-Cost Legal Consultation to Discuss Your Mesa, AZ DUI Charge Today

If you are dealing with a DUI arrest in Mesa, Arizona, the Shah Law Firm can help. Our team of experienced Phoenix DUI attorneys can make sure that your rights are always upheld in all legal proceedings. To schedule a free legal consultation to discuss your DUI charges, call our law office today at 602-560-7408. We also serve clients in Phoenix, Scottsdale, Glendale, Avondale, Mesa, Tempe, Goodyear, Gilbert, Chandler, Apache Junction, Sun City, San Tan, Cave Creek, Carefree, and Queen Creek.

What You Should Know About a Prescription Drug DUI in Arizona

Operating a motor vehicle under the influence of prescription drugs is illegal in the state of Arizona. Narcotic medications, in particular, cause the driver to become intoxicated in the same manner as illicit drugs and alcohol.

If you are charged with a prescription DUI in Arizona, you will discover that the consequences are severe and will affect your life for a long time. Working with an experienced Arizona DUIlawyermeans you have someone to fight on your behalf while keeping your case on track toward the best possible outcome.

In any criminal law case, knowledge is power for defendants. Here are a few critical points regarding prescription DUI charges that you may want to consider:

How an Officer can Tell if You are Under the Influence of Prescription Drugs

Police officers receive standard and specialized training related to assessing your ability to safely operate a motor vehicle. During your traffic stop, the responding officer begins his or her sobrietytestwithout you even knowing it. He or she is looking for signs of drug use, including odd behavior and the inability to respond to routine questions.

The officer typically administers a Breathalyzer test to assess your blood alcohol content (BAC). If he or she rules out alcohol but still suspects that you are under the influence of drugs, then he or she can request that you take a chemical test. The chemical test examines your blood to determine which chemicals are in your system.

Individuals holding an Arizona drivers’ license have submitted to implied consent laws by default. Implied consent is an agreement you made to submit to breath and chemical tests at the request of a police officer under good cause. The state automaticallysuspendsyour driver’s license for refusal to take these tests.

Penalties for a First-Time Prescription Drug DUI

Arizona is a state known for having the strictest DUI laws in the country while imposing even more stringent penalties. Even with a valid prescription, police officers can still arrest you for driving under the influence of narcotics and psychoactive medications.

Prescription drug DUIs are classified and treated in the same manner as alcohol and illegal drug-related DUIs. A first-time prescription drug DUI in Arizona is a Class I Misdemeanor in most cases. Prosecutors can elevate charges in the event of an aggravated circumstance such as hitting a pedestrian or having minors in the vehicle.

Penaltiesfor a first-time DUI in Arizona may include:

  • A jail sentence of no less than ten days (courts can suspend up to nine days)
  • A minimum fine of $1,250
  • Alcohol screening, treatment, and education
  • The installation of an interlock device
  • Community service

Penalties for anaggravatedor extreme prescription DUI carry even harsher sentences and may include the following consequences:

  • A jail sentence of no less than thirty days
  • A minimum fine of $2,500
  • Alcohol screening, treatment, and education
  • The installation of an interlock device
  • Community service
  • No possibility of probation

As you can see, the stakes are high when charged with a prescription drug DUI. Consider discussing your options with the insight of an experienced an Arizona DUI attorney. He or she protects your rights while providing the best possible defense in the courtroom.

How a DUI Attorney Defends You in Court

A DUI attorney licensed to practice in Arizona offers you a fighting chance at beating or reducing the charges pending against you. Some defenses and counterarguments he or she uses may include:

  • The responding officer did not have probable cause to pull you over in the first place.
  • Blood and chemical tests were contaminated or improperly administered.
  • The state lacks enough evidence to prove you were under the influence of prescription drugs.
  • You were not aware that your prescription drug caused impairment.

Facing prescription drug DUI charges is stressful when you feel no one is in your corner. Hiring a DUI attorney can help you feel like you are getting the best help possible. He or she can fiercely advocate and negotiate on your behalf before and during the trial phase.

Consider working with Arja Shah Law. The firm’s founder, Arja Shah, is a leading DUIlawyerin Phoenix, AZ, known for her bold yet client-centered approach. You can discuss your case with Ms. Shah by calling (602) 888-0369 or by sending her a message through the firm’s requestform.

Contact Arja Today to Learn How She Can Help You!

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