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Where were you arrested? A DUI is a state offense, but each jurisdiction handles them slightly differently.

What to Expect If Arrested for a DUI in Tempe

If you have been arrested for a DUI in Tempe, Arizona, a series of events likely took place. Additionally, there is an issue that you should be aware of as your case proceeds.

First, upon arrest, it is likely that from the moment you interacted with the Tempe Police you were treated as though you were guilty. Every Police agency places a different emphasis on the presumption of innocence. Obviously, not every Tempe Police Officer treats the people that they pull over as guilty, but the Tempe Police Department as a whole does not seem to value the presumption of innocence as a public policy.

Secondly, it is likely that you were asked to perform roadside balancing tests. No matter how well you did on the tests, you probably FAILED them. How do I know? Because I believe that you cannot pass them. In fact, the book that is used to train police officers states that if someone does exceptionally well on a field sobriety test, then the test should be considered inconclusive. Furthermore, if someone has two or more minor issues while performing the field sobriety test, then they fail. Talk about a lose-lose situation.

Thirdly, you were then likely arrested and transported to a place where you had to blow into an Intoxilyzer 8000 breath test machine. However, you should know that in Tempe, it is difficult, if not impossible, to tell if the breath test machine was working properly when you took the test. Why is that? Because despite the fact that the breath test machine is capable of storing information to analyze its effectiveness, the Tempe Police Department has chosen not to utilize this function. This makes you wonder what it is that the Tempe Police don't want people to see. Unfortunately, Arizona courts have backed this move and are not requiring that the Tempe Police Department store and disclose this information.

Lastly, you should be aware that your ability to fully defend your case in Tempe has been hampered recently. For an unknown reason, Tempe courts have precluded defense experts from criticizing known deficiencies in the breath test machine at DUI trials. Although this flies directly in the face of your constitutional rights, the Tempe courts won't let you argue this issue to a jury, thus inhibiting your ability to fully attack the breath test results obtained in your case.

As a result, an experienced Tempe DUI lawyer is needed to navigate the dangerous waters of a Tempe DUI arrest.

3 Comments

Could they take away the right to a jury trial for drunk driving arrest cases? They did in maryland along with a couple of other states.

As it stands now, under Arizona law, persons accused of Driving Under the Influence (DUI) are afforded the right to have their case heard before a Jury. (However, if both the Defendant and Prosecutor agree, the case may be heard only before a Judge.) I have heard of some States that do not provide the right to a jury trial to defendants accused of DUI, but generally, those States have much more reasonable consequences for persons convicted of DUI. In Arizona, the consequences are extremely tough.

I've really enjoyed reading through this blog, as I maintain one of my own. However, I am curious how it could be that a jury trial is not an option for a criminal defendant facing jail time... that is a US Constitution right and as we all know, the states cannot give less rights than the feds.... at least that's what my law school taught.

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