“Common Defenses used by the best DUI trial lawyers, that can lead to dismissal of DUI charges.”
DUI Arrest Gilbert AZ
If you were arrested in Gilbert, AZ for DUI, you have the right to defend your charges. The prosecution, and police work closely together to pursue DUI convictions. Gilbert Police are known for their specialized DUI phlebotomy training and motorcycle units to seek out and arrest those driving impaired due to alcohol or drugs. The penalties for a DUI conviction are severe and include jail time for misdemeanor, first offense DUI charges. You should consult a DUI attorney who defends charges in Gilbert AZ frequently. If retained, they may be able to find defenses that can be used to challenge and effectively defend your charges. In some cases, the defenses will lead to a suppression of evidence, reduction of charges or dismissal of the charges.
There are many defenses that can be used to challenge DUI charges. The defense strategy your attorney uses will be based upon your unique set of circumstances. Below are a few examples of defenses your DUI lawyer may use to defend your Gilbert AZ DUI charges: (Note: This list is not all inclusive):
- No “Reasonable Suspicion” for the DUI stop: The police must have “reasonable suspicion” that a violation of the law has occurred or is progress. In absence of reasonable suspicion, the DUI stop is unlawful. The exception to this standard is a DUI Task Force stop. An example of “reasonable suspicion” would be that the police officer pulled you over, after you failed to stop at a red light.
- Field Sobriety Tests inaccuracies: Field Sobriety Tests (FSTs) are common areas the DUI attorneys target for defense. FSTs are given by the police, judged by the police and graded by the police. Sometimes can be biased, and unfairly conducted or judged. The fact is, that some unimpaired drivers can’t pass them. Arizona has adopted the standards and guidelines for FSTs set by the National Highway Traffic Safety Administration (NHTSA). If the FSTs tests were administered unfairly, improperly, or in violation of the standards, your DUI attorney will move to have them dismissed from evidence.
- No “Probable Cause” for arrest: “Probable Cause” means police must have factual evidence of sorts to make an arrest, and not just “a hunch”. For example, BAC results from a breath test is constitutes objective or factual evidence. The burden of proof lies with the Gilbert Police to make sure they have “probable cause”. This is a higher standard than “reasonable suspicion” to make a DUI stop.
- Inaccurate Breathalyzer test: Breathalyzer tests can have produce false results due to contamination of body fluids, operator errors; breathing pattern errors; malfunctions of the machine; improper maintenance or calibration of the machine and other issues. In many cases the strength of the argument is significant enough that the judge will not allow the breath results to be admitted in court as valid evidence.
- DUI Blood test or UA test inaccurate or invalid: There are many ways to challenge blood and chemical testing. Arizona has strict procedural requirements relating blood and chemical testing. Rules and protocol are in place that relate to conducting the tests; storage, labeling, transport; equipment, supplies, processing and reporting. If violations exist, your DUI Attorney can move to have the evidence dismissed.
- Constitutional Right violations: Even though you are being accused of a crime, it does not change the fact that you have constitutional and fundamental rights under law. Your rights originate from the US Constitution; Arizona State Constitution and Laws; and procedural rights or protocol rights, generally involving Arizona Criminal Courts. If your rights were violated, your DUI defense attorney can move to suppress evidence, reduce charges, or have your case dismissed.
Gilbert DUI Attorney
The defenses mentioned above as well as many others are best argued by qualified Arizona criminal attorney with extensive DUI trial and criminal defense experience. You should contact a law firm that defends Gilbert DUI charges on a regular basis to discuss your matter, and obtain options for defense. Your chances of getting a good outcome in your case will increase drastically with the good legal defense representation.
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Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282