DUI Defense Strategies in Arizona
If you have been arrested for a DUI in Arizona, you are facing some serious consequences. You are going to face fines, possible jail time and a license suspension. The consequences go up for repeated offenses. It is important that you have an experienced DUI attorney by your side if you’ve been charged with a DUI.
For most types of criminal cases, your attorney can work his magic and get you a great plea deal. He may be able to convince the prosecutor to drop the charges. Things work a little differently for a DUI. The law in Arizona is very clear on the penalties that a DUI carries.
So, if this is the case, what do you do if you’re facing a DUI charge? Well, there is some good news. As with any offense, there are possible defenses to a DUI charge. You want to consult a skilled DUI lawyer to help you identify and prove these defenses.
Possible Defenses to DUI in Arizona
There are actually several possible defenses to DUI in Arizona. It depends on the facts of your case and how skilled your DUI attorney is. There are some cases in which you won’t be able to avoid a conviction. However, there are defenses that may apply to your case, including:
- No reasonable suspicion to stop – If you weren’t committing any traffic violations at the time of your stop, you can argue that the police had no right to stop your car. The police do need reasonable suspicion to stop a vehicle. However, this defense is very difficult to prove because police are given wide breadth when it comes to stopping cars for possible DUI.
- No Physical Control of the Vehicle – If you weren’t actually operating the vehicle at the time of the stop or arrest, you may have a defense to a DUI. There are times when police will stop and arrest you for DUI when the car was not actually running. Or perhaps you had already pulled into your driveway and were entering your house when the cops arrested you. Again, there are rare circumstances when this defense will actually apply.
- Medication affects the breath test – There are certain medications that can cause you to blow a higher BAC on a breath test. Your DUI attorney can get records to prove that you were taking certain prescribed medications that interfered with your test.
- Miranda Violation – You must be read your Miranda rights when you are arrested. If these rights were not read to you or were improperly read, you will have a solid defense to a DUI. This is because anything that takes place after the Miranda violation must be disregarded.
- Test if not properly calibrated – If you are given a breathalyzer and that test has not been serviced properly, you will have a defense to a DUI. Your lawyer will have to have experts testify to this fact as these machines are calibrated often and the State will likely argue that the test was properly functioning.
- Your BAC was below .08 at the time you were driving – If your BAC was actually lower than the legal limit of .08, you will absolutely have a defense to DUI. Keep in mind, this will come down to timing. Your DUI lawyer will have to prove that your BAC was actually under the limit at the time you were driving.
Click here for more information on DUI defenses in Arizona.
Contact a DUI Lawyer in Arizona
If you expect to launch a successful defense to a DUI, you really should contact an Arizona DUI lawyer. Challenging a DUI charge is difficult to say the least. The State has the burden of proof but they also have all of the information.
If you have been charged with a DUI in Arizona, contact a DUI lawyer today. You don’t have much time before your court date and you are facing very serious consequences. You don’t want to face this alone.[/fusion_text]