Arizona DUI – Should You Take A Plea Bargain or Go to Trial?
Arizona drunk driving laws are known for being among the harshest in the nation, especially with mandatory penalties that include jail time, fines, a suspended license, and an ignition interlock device when you’re allowed to drive again.
You may think that when the police pull you over and you blow 0.08 or more on a breathalyzer test that your fate is sealed, but you’re wrong.
The law presumes that you are innocent until you are proven guilty. That means the prosecutor has the burden of proving that you broke the law. If you go to trial, you will need an Arizona DUI defense attorney who can advocate for you and make sure that the prosecution has met this burden before you are convicted and sentenced.
Misdemeanor DUIs (DUI, extreme DUI, and super extreme) are usually prosecuted in the Municipal Court or Justice Court. Felony DUIs (aggravated DUI) are usually prosecuted in the Superior Court. Regardless of where your trial takes place, the prosecution has to prove that the police had a legitimate reason for pulling you over in the first place. They also have to provide evidence that you were driving under the influence such as erratic driving, the way you looked and smelled when the officer spoke to you, and the way you acted in your interaction with police. All of the evidence used against you has to be admissible under the rules of the court. Your Arizona DUI attorney will raise the proper objections to keep out inadmissible evidence.
Your Arizona DUI attorney can ask many important questions about the test(s) that were used to determine your blood-alcohol level, such as whether there was human error in administering the test, whether the machine used was calibrated properly, whether they can prove that the test results are from your sample of breath, blood, or urine, and the rate of error associated with the test used.
If the prosecution cannot meet its burden to proving that you are guilty of every element of the crime, then you deserve to win your case. It’s imperative that you have an experienced Arizona DUI attorney to review your case and advise you on whether you should take a plea bargain or go to trial.
If you have been arrested for DUI, contact an attorney for DUI at Oracle Law Group Office P.C. for assistance with your DUI case.