Legal Question in DUI Law in Arizona

Oui

My fiance was arrested for an OUI. The reason he was stopped was two passengers who were on the boat were dancing with eachother. The police was talking two the two people who were dancing then started to talk to my friend. They had him take a sobriety test and he passed. He also blew into the mobile breathalizer and they didn't show him the results, but they told him that if he passed the one at the police station they would let him go. The results of the breathalizer taken at the jail was a BAC of .089.

Is this a case we can fight or not? If not what type of fine or consequences should we expect? The judge said he would make it a point for it to go on his driving record in California. Is this right? My friend also requested to make a call several times and he was not given one until after he seen the judge and we had to come up with $1500.00 to bail him out. Can you please help me out and help me to understand our rights if we have any. Thank you!


Asked on 8/02/06, 10:15 pm

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

Re: Oui

This is a VERY winnable case. For further information see, www.azduiatty.com

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Answered on 8/02/06, 10:40 pm
Christopher Winchell Winchell Law, PLC

Re: Oui

The results of the BAC test are very contestable. As the cutoff is .08 it is very close. There is question whether the police had probable cause to even take him to the station. He should have been allowed to contact an attorney. If you wish to discuss, you can visit www.win-law.com and e-mail me.

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Answered on 8/02/06, 11:33 pm


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