Arizona DUI & Criminal Defense Attorney Blog
“If you were arrested for DUI it does not necessarily mean you will be found guilty. Here are some common defenses that may help you avoid a harsh DUI conviction. “
If you are facing DUI charges in Gilbert AZ, you have the right to defend your charges. Arizona is well known for having some of the harshest penalties for DUI in the country. They include mandatory jail time for even a first offense, non-extreme, or non-aggravated DUI. The criminal justice court system can be overwhelming and the laws complex. Arizona prosecutors are well trained and experienced at prosecuting DUI offenses. You will need to have a qualified legal advocate to challenge their case against you through the formal criminal justice process.
DUI Defenses
Each person’s case is unique and holds its own set of circumstances, the DUI defense strategies need to be tailored to those facts. Below is a sample of common defenses used by experienced criminal attorney who defend DUI charges:
- No “Reasonable Suspicion” for the DUI stop: In order for the stop to be lawful, the officer must have “reasonable suspicion” that a violation of the law is in progress or has occurred. This does not apply to organized DUI Task Force stop.
- Field Sobriety tests inaccurate: Field Sobriety Tests (FSTs) are common targets for defense. The police test you; judge you; then grade you themselves. The fact is, many people who are not impaired can’t pass them. This Arizona adopts the standards and guidelines for FSTs set by the National Highway Traffic and Safety Administration (NHTSA). If the tests are administered improperly, in violation of the standards, or unfairly, your attorney will move to have them dismissed from evidence.
- No “Probable Cause” for arrest: The burden of proof to make an arrest lies with the Scottsdale Police is “probable cause”. This is a higher standard than “reasonable suspicion” to make a DUI stop. Probable cause means factual evidence must exist, not just a suspicion. An example of factual evidence would include the BAC results of your breathalyzer test.
- Breathalyzer test inaccurate or invalid: Breathalyzer tests may have inconsistencies; operator errors; malfunctions of the machine; improper calibration or other violations that may raise cause for challenge.
- DUI Blood test or UA test inaccurate or invalid: There are many areas related to blood and chemical testing that can be argued. Arizona has strict rules relating to taking the blood or chemical testing including storage, labeling, transport; equipment, supplies, processing and reporting. If violations exist, your DUI Attorney can move to have the evidence dismissed.
- Constitutional Right violations: Regardless of the fact that you are accused of a crime, you still have rights. You have rights under the US Constitution; Arizona State Constitution; AZ laws; and procedural rights which are generally those involving Arizona Criminal Courts. If your rights have been violated, your criminal defense attorney can move to suppress evidence, reduce charges, or have your case dismissed.
Defending Your Rights after a DUI Arrest in Gilbert
Most Gilbert criminal attorneys who defend misdemeanor or felony charges provide free consultations for active DUI charges. You should contact a law firm that defends DUI charges on a regular basis to discuss your matter, and options for defense. It is unwise to go to court unrepresented, or plead guilty” without first discussing your case with an experienced criminal attorney.
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Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499