DUI Cases using International Drivers Licenses

Monday, May 11th, 2009

Out there, a misconception exists that if you lose your license due to a DUI charge, you can still drive using an “international driver’s license.”

Be very careful. If you see a website that sells an international license and says you could use the license to avoid suspension for United States DUI, don’t jump on it too quickly. It’s best to consult a DUI lawyer before you try it. Based on lawyers’ professional experience, these might be scams.

For example, if you get a DUI in Arizona, the state will suspend your driving privileges in Arizona only. Even if you came from Washington and you own a California drivers license, your driving privileges in Arizona can still be suspended.

This means that you can drive legally from California up to the Arizona border only. It will not matter if you get an Oregon driver’s license in exchange for your California license. The reality still remains that if you drive in Arizona, you’re breaking the law. You’ll only be allowed to do so once Arizona reinstated your driving privileges.

It’s important to note that a “driver’s license” is different from a “driver’s privilege.” A state has the ability to revoke your driving privileges in their state, but not the driver’s license (unless it’s also from the same state, although, motor vehicle compact may also revoke your license in your home state).

Therefore, even if an international driver’s license is valid in another country, it will not reinstate your driving privileges with the state where you got a DUI charge.

Tags: Arizona, California, driver's license, driver's privilege, dui, DUI lawyer, international driver's license, lawyer, Washington
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To Reveal the Code or Not - That is the Question

Tuesday, April 21st, 2009

The ruling of the Superior Court to give Arizona DUI lawyers complete access to the breath-testing equipment software was overturned by the Court of Appeals. The panel said that no evidence was found to support lower court judge’s claim that prosecutors have better access to it than defense attorneys.

The software code called Intoxilyzer 8000 was placed under repeated attack from defense lawyers handling DUI cases. They say that this code will enable them to verify the reliability and accuracy of the equipment independently. They argued that they have the right legally and constitutionally to challenge their accusers.

According to Intoxilyer 8000 manufacturer, their code is considered a trade secret. But reports say that this equipment was banned in Tennessee after it failed to meet the testing for accuracy. In fact, court battles have already sparked in New Jersey, Massachusetts, Louisiana, Florida and Minnesota. Issues that always come up include unauthorized changes to software and equipment approved by the state as well as code access.

Back in Arizona Court ruling, they clarified that prosecutors don’t really have an advantage over criminal defense DUI attorneys. However, there’s still an issue on the “substantial need” for code access, and the state prosecutors have already predicted that any decision of the Superior Court judge will ultimately be brought to the Court of Appeals.

Tags: Court of Appeals, criminal defense attorneys, dui, dui lawyers, Intoxilyer 8000, Superior Court
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