DUI or driving under the influence is a crime, which involves driving a vehicle while you are in no capacity to operate it safely. Under the influence of drugs or alcohol, your capacity to drive becomes impaired, which may cause harm to you and other people you encounter while you are driving. DUI is also sometimes referred to as driving while intoxicated (DWI). In Scottsdale, Arizona, DUI is often considered as a misdemeanor, but it can escalated to a felony depending on the circumstances surrounding the case, prior convictions and license status. A lot of roadside accidents and deaths are caused by DUI so the Scottsdale law enforcement is always on the lookout for violators. If you happen to be charged with DUI, you’re probably wondering about the things that can affect your DUI case. If you are going to be tried in front of a judge, here are a few items that can affect your case:
- Prior records of DUI arrest – If you have been convicted before for DUI offense, this can affect the sentence is your case. The law requires a greater punishment than if there are no prior offenses. The court can drastically increase your jail sentence, the fine that you have to pay and your probation period.
- The officer who arrested you for DUI – Some police officers are experienced in DUI law. These are the officers who have had a lot of experience being a witness to these kinds of cases and know what it takes to get you convicted. Some officers, especially the new ones who do not have a lot experience yet with DUI cases, can’t give a complete and compelling account of your DUI arrest, thereby affecting how the judge or the jury sees your case.
- The test results – Breathalyzer, blood and urine tests can determine how impaired you are at the time of your arrest. If any of these tests tells the court that you fall below the prescribed intoxication level for DUI, then you can possibly get your charges dropped on reasonable doubt. This is why it is important for the officer who arrested you for DUI to administer these tests properly.
- The evidence and witness testimony – When other people are involved, like any witness to your driving or an accident, their accounts and testimonies matter during the trial. The severity of their injuries could affect the way the judge or jury decides the case and could affect the sentence if you are convicted, even if it just your first offense. In some cases where the defendant has accidentally killed someone while driving under the influence, the trial can escalate into one for manslaughter.
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