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The Effect of Gastroesophageal Reflux Disease in a DUI

Gastroesophageal reflux disease, also know as GERD for short and closely related to and often confused with acid reflux, is a medical issue that can affect the results of a DUI breathalyzer test. Gases in the stomach can affect results of a breathalyzer test and traces of alcohol may remain present for a longer period of time despite blood alcohol content (BAC) have dissipated to beneath the national legal limit of 0.08 percent.

It is important that people suspected of DUI or charged in these cases understand how results of a breathalyzer can affect their case. Having an experienced Arizona DUI attorney for defense against DUI charges is particularly important.


About GERD, Gastroesophageal Reflux Disease

GERD affects many people throughout the United States. The syndrome causes vapor and gases from the stomach to rise back up into the esophagus. These acid vapors and gases then expel from the throat and through the mouth. Eating certain foods, drinking some liquids or simple breakdown of molecules ingested by the body can cause GERD to flare up. (more…)

Can I Refuse a Field Sobriety Test when Pulled Over for DUI?

Whenever a driver is stopped under suspicion of DUI, the law enforcement officer asks if the driver is willing to submit to a Standard Field Sobriety Test. There are reasons to refuse this test. In most cases, these tests are voluntary and an officer’s request does not require people to take them in most situations.

These tests can be difficult to pass for even non-intoxicated individuals. If the test is not successfully passed, law enforcement can use the failure as incriminating evidence in a case against you. It is always best to refuse to take the test and gain the help of a DUI Arizona defense attorney for any ramifications of the refusal or the roadside stop, itself.

Refusing to take a field sobriety test may be misconstrued as an admission of guilt. But a DUI defense attorney can explain the refusal away as part of a defense case for a DUI violation trial. By refusing a field sobriety test, you are not providing law enforcement with any new evidence of driving while under the influence, aside from an initial admission of guilt. By not taking the test, the potential of self-incrimination is reduced. (more…)

How Manslaughter or Murder Charges are Determined in a DUI Accident

Drinking and driving can result in a DUI accident. These tragic accidents can lead to fatalities that are devastating to everyone involved, especially the loved ones left behind. Death of a loved one in an accident is a huge loss to deal with, even for the driver of the vehicle that caused the accident.

The driver may feel guilty, ashamed and terrified of how the accident will affect his or her future. Criminal charges, such as DUI vehicular manslaughter / vehicular negligent homicide, are often filed in these cases. What type of charges will be filed is determined by the circumstances surrounding the fatality and other aspects of the accident. There are many factors involved that can affect these charges. (more…)

Dealing with a Forfeiture in Arizona

Property Seized by Police as Forfeiture

As unfair as it may sound, the government can confiscate property under criminal forfeiture or civil forfeiture. Civil forfeiture is to seize property used in criminal activity, although charges have not been filed. When civil forfeiture is executed, the property owner loses all right, title and interest in the property to the government. Property that can be confiscated under these rules include:

  • Contraband
  • Proceeds gained as part of illegal activity
  • Tools or instruments used to commit crime

Civil forfeiture is based upon the basic establishment of probable cause that the property was used to commit a crime. When such an action is brought against you for your property, the time to contest the forfeiture is limited. Property may be seized through execution of a search warrant, whether there are criminal charges or convictions, or not.

Since 1985, over $7 billion dollars in property has been forfeited to the federal government. State governments also seize property for cases, with Arizona being frequently and heavily criticized in the media for having very aggressive forfeiture laws.

Having an experienced Arizona forfeiture attorney on your side will possibly enable you to gain the return of your property. The risk involved includes the possibility of having to pay attorney fees for the government, in addition to other costs, should you lose your case. (more…)

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