Proving a DWI

Proving a DWI

Proving a DWI

If you have been pulled over and charged with DWI, you may be fearing the worst. The consequences for DWI can be harsh and you may be overwhelmed at the idea of it all. However, in order to get convicted, an officer has the burden of proving a DWI. There are ways that we can help fight for your justice. Here is what you need to know.

Proving a DWI | Examples of Proof

First time (and subsequent) DWI/DUI charges are harsh. The State of Arizona takes public safety quite seriously. For the State to convict you, they must prove:

  • You were driving or had actual physical control of the vehicle. The State does not have to prove that you had an intention to drive while under the influence. They just have to show that you were driving or that you had physical control of the vehicle.
  • That you were impaired according to Arizona law. Remember, in Arizona you can be impaired to the “slightest” and still be charged. The legal limit for BAC is .08% (.04% for commercial 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.
  • 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.

Download Our FREE DWI Guide

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!

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