The United States prison system houses the largest incarcerated population out of any country in the world. Before receiving a prison sentence, each and every person in the US that is charged with a crime has the right to an attorney under the United States constitution. If you have been charged with a DUI or other criminal offense in Gilbert, Arizona, you should get in touch with a Gilbert DUI lawyer and criminal defense as soon as possible in order to start working on your defense.
What Is A DUI In Gilbert, Arizona?
DUI is the acronym for “driving under the influence” which is the charge used when someone is operating a vehicle while intoxicated. In Gilbert, Arizona (as well as the majority of the rest of the country), the legal limit is a blood alcohol content (BAC) of .08% — anyone found to be operating any type of vehicle with a BAC above this limit could be found guilty of DUI.
If you have been arrested or charged with a DUI in Gilbert, you need to remember that you have the right to remain silent. The best thing you can do is comply with the officer’s requests, but politely decline to answer any questions or speak to investigators until you have spoken with a Gilbert DUI lawyer.
What Happens If I Am Pulled Over For DUI In Gilbert?
In order for Gilbert DUI charges to be legitimate in the first place, the police officers must have had a legally acceptable reason for pulling you over. This is called probable cause. Some of the legitimate reasons for pulling over a driver in Gilbert include:
- The driver has committed a traffic violation
- The driving pattern is consistent with intoxication
- The vehicle was involved in an accident
- The officer suspects the driver or vehicle was involved in an independent crime
- The driver/vehicle was stopped at an authorized DUI checkpoint
- The officer received a tip from a civilian that you are suspected of drunk driving
Physical Indications of Intoxication
After getting pulled over, the law enforcement officer will take note of any physical indications that you are intoxicated. Police officers in Gilbert receive special training to recognize these signs, and they will be required to document and later testify about the physical indicators they witnessed during the arrest. Some of the common physical indicators that Gilbert police officers are looking for include:
- Bloodshot eyes
- Slurred speech
- Emitting the odor of an alcoholic beverage
- Unsteady stance or gait
- Slurred speech
- Red, flushed face
- Aggressive or belligerent behavior
Countless tests have been developed over the years in order to help officers detect intoxicated drivers. In Gilbert, however, police officers are specifically trained to deliver three of the exercises. In order to properly conduct these exercises, the Gilbert police officer will first need to locate a safe place to conduct the test, as well as demonstrate it before asking you to perform the exercises. Here are the three exercises approved for use in Gilbert.
Walk and Turn
The subject takes nine heel-to-toe steps, pivots, and takes nine steps back. The officer will be watching to see if the subject leaves gaps between steps, holds their arms out to the side to maintain balance, or makes a mistake on their count.
One Leg Stand
The subject will raise either foot six inches off of the ground and hold it while they count to 30, using a “one-one-thousand, two-one-thousand, three-one-thousand count.” The officer will watch to see if the subject drops their foot to the ground, holds their hands out to maintain balance, miscounts, or rushes their count.
Horizontal Gaze Nystagmus
The subject will follow the tip of a pen or finger with their eyes. The test tracks the smooth pursuit of the eye. As a subject becomes more intoxicated, there is an involuntary flutter that occurs in the eyes. The officer will look at any bouncing of the eyes as they follow the tip of the pen.
It is important to remember that these roadside exercises truly are voluntary and a Gilbert police officer cannot make an arrest based on your refusal. If you do agree to the exercises, the officers must record them in order to play them back in a courtroom presentation if necessary.
Gilbert, Arizona Implied Consent Law
Arizona, like many other states in the country, has an implied consent law. This means that when you obtain your driver’s license you are agreeing that you will submit to a blood, breath, or urine chemical BAC test if it is required of you. Refusing to take a chemical test in Gilbert will result in the suspension of your license (which will also happen if you were to exceed .08% in your BAC chemical test).
Criminal Defense In Gilbert, Arizona
DUI isn’t the only criminal offense in Gilbert that would require the assistance of an attorney. A Gilbert criminal defense attorney will be responsible for assessing your case, informing you of your options and potential consequences, investigating the facts, interviewing witnesses, conferring with the prosecution, and ultimately competently representing you in the court of law.
Some of the most common criminal offenses that a Gilbert criminal defense attorney can help with include:
- Alcohol, marijuana, and other drug offenses
- Juvenile offenses
- Traffic and DUI offenses
- Domestic violence and other violent crimes
- Theft and trespassing offenses
- Weapons offenses
Do I Need A Gilbert Criminal Defense Attorney?
Criminal defense law is complex in Gilbert, Arizona. A thorough and complete understanding of the law necessary in order to fight the charges against you. Here are the scenarios where you would benefit from an independent Gilbert criminal defense attorney:
You have been charged with a crime
If you have been charged with a criminal offense in Gilbert, we strongly encourage you to hire an experienced criminal defense attorney as soon as possible.
You are appealing a criminal conviction
The law gives explicit directions and rules regarding appeals. If the process is not done correctly, it can foil your chances of overturning the conviction.
You are guilty of the crime
Guilty people need and deserve representation — it is your right as an American. If you have committed a crime, hiring a Gilbert criminal defense attorney can help to negotiate reduced charges or a lighter punishment.
Top-Rated Gilbert DUI Lawyer & Criminal Defense Attorney Near You
At Future First Criminal Law we have years of successful experience in the courtroom. What sets us apart is that our attorneys have experienced the criminal justice system both as the attorney and as the defendant. In his youth, Zachary Divelbiss was charged with crimes and even spent time in jail. We started this law firm to represent the very people that have far too often been overlooked by society and are all but guaranteed to be convicted of a crime unless they work with a talented and knowledgeable attorney that specializes in criminal defense law.
There is no such thing as a petty or insignificant DUI or other criminal arrest in Gilbert, Arizona. One mistake and you could be facing jail, fines, and a criminal record. But you do have rights. Working with an experienced Gilbert DUI lawyer and criminal defense attorney will give you the best chance at a favorable outcome.
Contact us right away for a free consultation to discuss your case.
Frequently Asked Questions
Is hiring a Gilbert DUI attorney worth it?
A DUI in Gilbert, Arizona can result in serious consequences and could have a long-lasting impact on your life. Your DUI defense needs to be handled with the utmost professionalism and conviction. Hiring a Gilbert DUI lawyer will give you the best possible chance at a favorable outcome in your case. Leaving your future to chance is never a good idea. We offer free consultations to our clients in order to help them better understand just how we can help them fight their DUI or other criminal charges.
What should I look for when hiring a Gilbert criminal defense attorney?
Hiring a lawyer is an important decision. The Gilbert criminal defense attorney you choose to work with will be tasked with fighting for your future and your freedom. Here are a few questions you can ask when speaking with a prospective attorney before you decide to hire them:
- What is your honest opinion of my case?
- Have you handled a case similar to mine in the past? What was the outcome?
- How will I be communicating with the firm throughout my case?
- How are your fees structured?
How do you beat a DUI in Gilbert, Arizona?
The most important factor when it comes to beating a DUI in Gilbert is to work with an experienced DUI lawyer. A Gilbert DUI Lawyer will review your case and help you determine the best way to fight the charges. Oftentimes, a lawyer will be able to find an error made by law enforcement. This is a common defense strategy that attorneys use when fighting to prove your innocence.