Gilbert DUI Lawyer and Criminal Defense Lawyer

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 a lawyer 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 the defense for your case.

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?

Probable Cause

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

Roadside Exercises

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).