I have vertigo and was arrested for a DUI, do I have a good case to get it dismissed?
Question Details: I recently was diagnosed with vestibular neuritis and went out with a few of my friends. Because I have this condition I only had a couple drinks and I felt like I was fine to drive home. Well on the way home a cop pulled me over for speeding and asked if I had anything to drink. I of course said I had a few earlier in the night. He then did a field test on me which I failed because of my inner ear condition. I even told the officer of my physical condition. He of course made me do a breathalyzer and I blew .09. I didn't feel impaired but he thought I was. Do I have a good case?
DUI / DWI Law Answers
DUI (Driving Under the Influence) in Arizona can be prosecuted in one of two ways: either by one's driving ability being impaired to the slightest degree as the result of consuming alcohol (or other drugs), or by violating the "per se" law, and having a blood alcohol level of .08% or greater within two hours of driving.
Whether or not you failed a field test as a result of your condition is only part of the equation; you also had a BAC over the legal limit.
However, it's always worth fighting a DUI charge. Such an arrest triggers both civil and criminal cases. An experienced attorney that specializes in these type cases may be able to get the charge thrown out on a technicality; for example, the breathalyzer was incorrectly administered, or the results were inaccurate.
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