Legal Question in DUI Law in Arizona

To the slightest degree

I was in a mall when a policeman asked me to exit the store, said someone thought I was drunk while driving earlier to the mall. I took breath test, had .04. Was taken to police station, blood test was .02, had 28ng/dL of hydrocodone. Cop said I slurred my speech, face was swallon. I just got back from dental surgery. I was fine for driving, never felt better other than the dental pain. I didn't have my dentures in, either.

Was given 3 charges:

one was dui of .08 within the last 2 hours (1 1/2 hours earlier I was sitting in the dentist's chair for a good hour or so). Breath for .04 was from inhaler I use (as proven by pre trail services when I failed, then passed after rinsing mouth, at the same 0.04 level). Hydrocodone theraputic levels start at 30ng/dL, Drs like to have you around 100ng, so I was far from getting woosy, in my opinion.

I'm I screwed?


Asked on 2/08/08, 6:28 pm

2 Answers from Attorneys
Edward Loss The Law Offices of Edward A. Loss III, P.C.

Re: To the slightest degree

BACs look good. OK on drugs as long as (A) valid prescription in effect at time of arrest and (B) levels detected are within therapeudic levels per prescription. Also, cop never observed you driving. That helps us. Also, I'd like to listen to the 911 tapes re: that telephonic (?) informant. If we can help you, send us a direct email.

Ed Loss

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Answered on 2/08/08, 6:52 pm
John Steele Steele Law Firm

Re: To the slightest degree

I find the fact that a cop would stop you wish such minor levels suspicious. Assuming you are telling the truth, you have no issues here.

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Answered on 2/08/08, 7:03 pm


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