How do you beat a DUI in Arizona?
Driving under the influence (DUI) is a serious crime in Arizona and can lead to severe penalties, including fines, imprisonment, and license suspension. If you have been charged with DUI, it is important to understand your legal options and take steps to build a strong defense.
The first step in fighting a DUI charge is to consult with an experienced DUI attorney. A DUI attorney can provide you with a clear understanding of the charges against you and the potential consequences of a conviction. They can also help you navigate the legal process, including filing motions, negotiating with prosecutors, and representing you in court. Having an attorney by your side can greatly increase your chances of a favorable outcome.
One potential defense strategy is to challenge the legality of the traffic stop that led to your arrest. The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures, and this includes traffic stops. If the police officer did not have probable cause to stop your vehicle, any evidence obtained during the stop, such as a breath or blood test, may be inadmissible in court. This can be proven through witness statements, dash-cam footage and other forms of evidence.
Another defense strategy is to challenge the accuracy of the breath or blood test results. There are several factors that can affect the accuracy of these tests, including equipment malfunction, operator error, and medical conditions. An experienced DUI attorney can hire an expert witness to examine the test results and testify on your behalf. For instance, if the breath test machine was not properly calibrated, or if the operator did not follow proper protocol during the test, the results may be invalid.
If the blood alcohol concentration (BAC) test results are above 0.08%, it is considered per se DUI in Arizona, which means that the prosecution does not need to prove that the individual was impaired by alcohol at the time they were driving. In this case, the defense can argue that the BAC test results were not accurate and that the individual was not above the legal limit at the time of driving. This can be done by raising doubt on the accuracy of the test, by presenting evidence of food and drink consumed before the test, or by showing any medical conditions that can affect the test.
Additionally, the defense can also argue that the individual was not in actual physical control of the vehicle at the time of arrest. Actual physical control means that the individual had the capability to drive the vehicle and that the vehicle was in a place where it could be driven. For example, if the individual was asleep in the back seat of the parked car with the keys in their pocket, they may not be considered to be in actual physical control of the vehicle. This can be a valid defense as the prosecution has to prove that the individual was operating the vehicle while under the influence.
Another aspect of DUI defense is the Miranda rights. The police are required to read the suspect their rights before questioning. If the suspect is not read their rights, any statement made by the suspect can be inadmissible in court. This can be a powerful defense strategy if the suspect made incriminating statements before being read their rights.
Finally, if this is the first DUI offense and the individual does not have a history of prior DUI offenses, the prosecution may be willing to negotiate a plea bargain. A plea bargain is an agreement between the prosecution and the defense in which the individual pleads guilty to a reduced charge in exchange for a more lenient sentence. This can include reduced fines, reduced jail time, or the opportunity to enter a diversion program.
In conclusion, beating a DUI charge in Arizona is not easy, but it is possible with the help of an experienced DUI attorney. Your attorney can help you navigate the legal process, build a strong defense, and negotiate a favorable outcome. It is important to remember that every DUI case is unique and the best defense strategy will depend on the specific facts and circumstances of your case. It is crucial to consult with an attorney as soon as possible after being charged with DUI in order to have the best chance of a successful outcome. With the right defense strategy and a solid legal team, it is possible to beat a DUI charge in Arizona.
I have seen many cases where a person is being detained prior to arrest in the Field Sobriety Test stage of a DUI investigation where the person asks to speak with an attorney.
DUI is a serious crime in Arizona and can lead to severe penalties, including fines, imprisonment, and license suspension.
Driving under the influence (DUI) is a serious crime in Arizona. If you have been arrested for DUI, it is important to understand your legal rights.
Many of my clients, and their families, report to me at the first meeting that the police gave them “tests” at the roadside.
A person is parked sleeping in is car. In a lined parking space, in a lot. Transmission in “park.” But the engine is running and the A/C is on.
About Michael Harwin
Michael’s skill and experience have been recognized repeatedly. He holds an A-V 5/5 preeminent rating by Martindale Hubbell. He has been named one of the top lawyers in Arizona by Southwest Superlawyers, and one of the best lawyers in Tucson by Tucson Lifestyle Magazine. He also has been named one of the best lawyers in the United States by BestofUS.com , and given the highest rating possible by AVVO, 10/10 Superb. Amazon Books