The Behan Law Group, P.L.L.C.

520-220-5047

1-877-MISS-DUI / 1-877-647-7384

Se Habla Español
945 N. Stone Ave, Tucson, AZ 85705

Tucson criminal defense lawyerCalifornia resident Arthur Lange was driving home one day in 2016 when he caught the attention of a California highway patrol officer, who pursued him with the intention of giving a citation for playing music loudly and honking his car horn.

Instead of conducting a regular traffic stop, the officer followed Lange to his home where Lange parked his car in the garage and headed for the door. Without getting a search warrant or consent to enter the residence, the officer entered Lange’s garage by putting his foot under the garage door to block it from closing.

Upon talking to Lange, the officer believed he could smell alcohol on his breath and charged Lange with a DUI. In court, Lange argued that the officer’s entry into his garage without a warrant violated his Fourth Amendment right to be protected against unreasonable searches and seizures.  When the police seize evidence illegally, the exclusionary rule usually operates to bar the government from using that evidence at trial

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Arizona DUI Attorney Michelle BehanIn Arizona, officers must draw your blood within two hours of you being pulled over for suspicion of DUI if they wish to use the blood results as evidence against you. That’s because the law says you cannot have a prohibited alcohol concentration within two hours of driving or being in actual physical control of a car. The police are aware of this short window and will try to draw your blood as quickly as they can. However, in some cases, a driver’s blood is not taken until 2 hours after the stop. In fact, it is not unusual for testing to occur outside the 2-hour window.

Even if the police miss the two-hour window on drawing your blood, they can still try to use the results as evidence against you by relying on something called retrograde extrapolation. This scientific process determines if you had a BAC of .08 or higher within two hours of driving. Usually, the State will have a chemist testify using the blood result and guess backwards as to what your BAC would have been within two hours of driving.

However, retrograde extrapolation has been criticized by many experts in the field. Some argue that this method requires a chemist to make several assumptions. For example, chemists often assume that the alcohol was completely absorbed at the time of testing, or that the alcohol curve was charted correctly, or that the alcohol in your system was eliminated at an average rate. These are major assumptions that may be wrong and affect the results of the chemist’s BAC estimation.

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Arizona DUI Attorney If you refuse to take a chemical test from an officer who suspects you are driving under the influence, your license may be suspended for 1 year.  The lawyers at The Behan Law Group will fight to keep your driving privileges in tact.  However, even if your license suspension is upheld for one year, there are still ways to be able to get you back on the road. 

Arizona allows drivers facing a one-year suspension to obtain a restricted driving permit, called a Special Ignition Interlock Restricted Driver’s License (SIIRDL) for the last 9 months of the 1 year suspension. This license is separate from an ignition interlock device and is voluntary.

Requirements:

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Arizona DUI AttorneyIn a state where the penalties for driving under the influence are severe, it is easy to become confused on your rights when being pulled over for a DUI. The Behan Law Group wants you to understand your rights if you are stopped and investigated for a DUI. 

What is a Field Sobriety Test and a Chemical Test?  In Arizona, officers use two different types of tests to check a driver for DUI: field sobriety tests and chemical tests. Field sobriety tests are subjective tests that an officer might ask you to perform on the side of the road, such as the Horizontal Gaze Nystagmus Test, the Walk and Turn Test, the One-Leg Stand Test etc. On the other hand, chemical tests check your blood alcohol concentration (BAC) level by testing your blood, breath, or urine. Breathalyzers, urine samples, and blood draws are all types of chemical tests.

Can I refuse to take sobriety tests?  Yes and no.  While it’s true that you cannot be forced to take a sobriety test, there are some consequences for refusing.  The fact that refused can be used against you in court in some cases.

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CAN I GET A DUI IF I WAS NOT DRIVING?

Posted on in DUI

Arizona DUI AttorneyMany drivers in Arizona mistakenly believe that you must physically be driving a car to be charged with a DUI. However, simply sitting in the driver’s seat and smelling like alcohol may be enough to get arrested for DUI.

Arizona law prohibits driving or being in actual physical control of a car while impaired. While actual physical control is not greatly defined, Arizona courts will often use several factors to determine whether a person had the intent to drive while intoxicated. These factors often include:

  • Whether the vehicle was running or whether the ignition was on;
  • Where the driver was found, and in what position;
  • Where the keys were located;
  • The weather conditions and time of day;
  • Whether the driver voluntarily pulled over;
  • Whether the driver was awake or asleep;
  • Whether the windows were up or down;
  • If the heater or air conditioner was on;
  • Where the vehicle was stopped;
  • Whether the headlights were on

The Court applies these factors to determine if the driver had the immediate ability to drive away. If the Court believes that the driver had the ability to immediately drive off, then the Court often finds that the driver had actual physical control.

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