Understanding Lake Havasu DUI Laws
Lake Havasu Municipal Court and Justice Court are two of the strictest courts in Arizona when it comes to DUI laws. In practicing law in Lake Havasu for over a decade, it has been our experience that a unique approach needs to be taken in order to provide clients with effective legal representation.
The first thing our attorneys do is figure out which type of DUI you are being charged with. In Arizona, there are a few different types:
1. Impaired to the slightest degree;
2. Drug related DUI;
3. Regular DUI - blood/breath greater than .08;
Each level of DUI requires a different approach and has different levels of penalties.
Each Case Requires a Unique Defense
Irrespective of the level of DUI you have been charged with, our investigation approach remains the same. Our approach to DUI cases is what sets us apart from other law firms.
With all cases, the sooner we get involved, the better chance we have at scrutinizing the State's evidence. From the first day we're hired, we will begin requesting evidence - police reports, blood or breath results, supplemental police records, officer training and disciplinary records, video of the event and calibration logs. Once we receive the requested information from the Prosecutor's Office, we will begin scheduling interviews with the police officers involved in your case. By interviewing police officers, we are able to reveal inconsistent statements in the police report. The more inconstancies we uncover, the more the officers' credibility gets called into question. Tackling credibility creates doubt - demonstrating doubts is what wins cases.
Lawyers Who Understand The Science Behind DUI Cases
One of the most effective ways to beat a DUI is to challenge blood or breath samples. Choosing a lawyer who has experience with toxicology and various forms of scientific arguments is vital. Our attorneys pride themselves on understanding the complexity of chemistry and how it relates to ascertaining one's blood or breath alcohol concentration. We use one of Arizona's best criminalist to re-analyze our clients' blood samples. In doing so, we can challenge the validity of the State's reading. This is another example of the great lengths our attorneys will go through to fight your case.
Preventing Driver's License Suspensions
One of the many advantages of hiring our law firm for your DUI case is that our representation includes challenging your driver's license suspension. If you are reading this and you do not have an Arizona driver's license, your home state will most likely take the same or similar action against your driver's license that the Arizona Motor Vehicle Division would.
If you wait too long to hire a lawyer, you may automatically receive up to a one year license suspension. If we are retained within 15 days of your DUI, we can challenge your license suspension. The hearing to challenge your suspension is completely separate than your court case. The hearing will not take place in Lake Havasu, it will be handled by a completely separate entity. We will handle this aspect of your DUI case at no additional cost.
Frequently Asked Questions
Q: The officer was never behind me but they saw me swerve. They're clearly lying. What can be done?
A. Unfortunately, we live in a world where police officers lie all the time. If you do not have an attorney, you will not have a fighting chance. While Lake Havasu Police officers don't generally have dash cameras in their patrol vehicles, they do have uniform cameras. When we get started on the case we will carefully review your police report, interview the police officer, then compare both to the officer's body camera. This is how we may be able to catch them in a lie and fight to get a case dismissal.
Q: I have bad knees and the officer still made me do Field Sobriety Tests.
A: If you have a physical disability, mental disability, overweight or over 65, the results of the Field Sobriety Tests are not accurate and reliable. We can demonstrate to the judge and prosecutor that your condition prevented you from properly completing the tests and the officer's belief that you "failed" the tests is inaccurate.
Q: What happens if I don't have a disability, can we still fight the Field Sobriety Tests?
A: Absolutely. We have represented hundreds, if not thousands of people for DUIs. During our history of aggressively fighting cases, we have learned Field Sobriety Tests are impossible to successfully complete, even if a person doesn't have alcohol or drugs in their system. These tests are designed for people to fail. You cannot and will not pass them. The legal system is hoping you don't hire a lawyer to demonstrate that the field sobriety tests are nothing more than a trick used to justify DUI arrests.
Q: The officer didn't read my Miranda Rights.
A: Miranda Rights are more complicated than most people think. Generally, identifying legitimate Miranda Rights violations can only be done by experienced lawyers. If you do not have a lawyer, or hire one who is inexperienced, chances are you will not have the slightest idea when an actual Miranda violation has taken place.
Q: I was just visiting Lake Havasu. How am I supposed to attend my court date?
A: There are two courts in Lake Havasu - City Court and Justice Court. If your court hearing is on a Thursday, you are in City Court. If your hearing is on a Friday, you're in Justice Court. The courts have different policies on appearing virtually. Your case will not be resolved in one hearing. If you hire a private lawyer, you will absolutely not have to attend your first couple of hearings. You may, however, have to attend your final resolution hearing. This is case and court specific. There is value in hiring a lawyer to attend the first couple of hearings for you. Attending them yourself will be a waste of time and money. It's easier to hire a lawyer - may even be cheaper.
Q: What's going to happen to my driver's license if I don't live in Arizona?
A: As attorneys, we are trained to tell clients that whatever would happen in Arizona if you had an Arizona license, the same will happen in your home state. Your home state should be following Arizona MVD policies. This, however, doesn't always happen. I tell my clients to call their home state's motor vehicle division every 30 days. On our end, we'll treat the process as if you have an Arizona license, meaning we'll request the administrative hearing to challenge your suspension.
Q: How can I have my blood retested?
A: Arizona law allows people accused of DUI to retest their blood. The police officer drew two vials - one for them to test and one for the suspect to test. We have an expert scientist who can re-test our clients' blood. There is nothing further you have to do on your end if you want us to retest. We'll do everything for you - just say the word.
Q: How can we get started on my DUI case.
A. We have simplified the process for obtaining quality legal representation. The first step is to call our office for a free consultation - in most cases we can begin working on your case the same day we're hired. We have a system in place that works. Call us day or night at (928) 714-7032