Just like with all arrests, there is specific evidence needed to prove a DWI. After these checkmarks have been met, the police can then charge you with the crime they see fit. It is important that you know your rights in these situations. If the police do not follow proper procedure, the charges will not stand. It’s important to have an experienced Phoenix DWI attorney on your side to guide you through this complex process.
Evidence Needed to Prove a DWI | You Were Driving the Vehicle
For the State of Arizona to convict you, they will need to prove that you were driving or had actual physical control of the vehicle. The State does not have to prove that you had an intention to knowingly drive while under the influence. All they have to do is show that you were driving or had physical control of the vehicle at the time of arrest.
Evidence Needed to Prove a DWI | Impairment
In Arizona, you can be only slightly impaired and still be charged with intoxication. The legal limit for BAC is 0.08 % (0.04% for commercial truck drivers). It includes drugs, vapor products, medical marijuana, and alcohol. You can see a full list of intoxicants, as defined by law, by clicking here. You can also learn more by scheduling a consultation with a Phoenix DWI/DUI lawyer. Only a doctor, nurse, or other qualified individuals may draw your blood to determine your BAC or if there are drugs in your system.
Evidence Needed to Prove a DWI | The State Doesn’t Have to Prove Your Mental State
This is important because with most crimes, the State must prove that the defendant was in a culpable mental state. This means that the defendant understood or had the ability to understand that they were committing a crime. That’s not required if you’re charged with DWI / DUI.
Contact a Phoenix DWI lawyer to help you develop and implement the best possible defense against proving a DWI. Even one conviction can change your entire life. Call us today!