Good AZ DUI lawyers use AZ DUI laws to your advantage to help you get your Phoenix DUI Charges dismissed.
“Here is a sample of 10 defenses your Phoenix DUI Attorney can use to challenge your DUI.”
Arizona DUI Defenses exist that the best DUI Attorneys who defend cases regularly in Phoenix can use to challenge your Phoenix DUI Charges, in an effort to get your case dismissed or brought down to less serious charges. There are countless defenses that can be used depending on you’re the circumstances surrounding your Phoenix AZ DUI charges. Many of these are used by winning defense and trial Attorney James Novak, AZ DUI defense Attorney and author of three “Arizona Winning Defense Strategies Books ©” one of which is entitled “101 DUI AZ Winning Defense Strategies” © Book.
(Abridged versions of all his Arizona Criminal and DUI Defense Books can be downloaded free of charge to the public and can be downloaded at absolutely no charge with no obligations at www.arizonacriminaldefenselawyer.com). Here is a sample of 10 defenses your Phoenix DUI Attorney cited in his books that can be used to challenge your Phoenix DUI charges, and suppress the prosecution’s evidence to pursue the ultimate goal of case dismissal or in reduction in DUI charges of DUI sentencing:
1. You were not Driving or Actual Physical Control.
The Arizona Prosecutor must prove that you were driving or in actual physical control of a vehicle while impaired. The state may be unable to meet this burden of proof, if there were no witnesses to testify. Most recently, Arizona case law made this factor even more strict when the defendant was found to “Have the Potential to be in actual physical control and was convicted on the basis of potential.” However, that does not stop your private practice DUI defense Attorney from challenging the evidence surrounding it to disprove the allegation in your defense.
2. The Police Officer Had No Reasonable Suspicion to Stop.
A police stop is unconstitutional if there was no reasonable suspicion that criminal activity is taking place. So if the officer lacked a valid reason for the traffic stop, any evidence of a Phoenix DUI
resulting from such unlawful stop by the police must be suppressed, and can not be used against you.
3. The Officer Had No Probable Cause to Arrest You.
“Probable cause to arrest” carries a much higher standard of evidence than “reasonable cause to stop”.
The officer can’t just go and arrest you without probable cause and valid evidence.
The Police must have valid and reliable information which would lead a reasonable person to conclude that the person is drunk driving, criminal activity has been or is being committed, or is driving under the influence of drugs or other toxic substance in addition to or absent alcohol at time of the Phoenix DUI arrest. Otherwise the arrest is unconstitutional and the case must be dismissed.
4. Field Sobriety Tests (FST’) were not Improperly Administered
The National Highway Traffic Safety Administration (NHTSA) has established guidelines regarding the administration of the FST. They must be official, credible, reliable, conducted by approved and properly trained personnel, as required by NHTSA. If a violation of any of these requirements or protocols exist for any of the tests results used against you, this evidence can be challenged for suppression by your DUI attorney defending your DUI.
5. You Can Not Be Denied Your Right to Counsel
When a DUI person requests a lawyer, the police must provide you with an opportunity to speak with a lawyer telephonically as soon as is reasonably possible. You have a right to defense counsel is an inherent constitutional right. Absent a viable excuse as to why you were denied this right, an argument can by made by your attorney for suppression of all evidence to the point your right was honored, or a total dismissal of your Phoenix DUI charges, depending on circumstances.
6. Your Miranda Rights Were Not Read to You
The lack of the reading of your Miranda Rights or, timing of when those rights were read to your could lead to suppression of evidence.
7. Breath Test Device results were unreliable, inaccurate, due to user error or machine malfunction
In order for breathalyzer test evidenced to be used against you, proper guidelines and protocol must be followed. Some factors considered are type of device used, preliminary or official breath test results used or compared, maintenance or recent repairs of device, existence of records that the device was in working order, reliability, and even the credentials of the officer administering the test.
Put simply, this is a method to compensate for any alcohol consumed shortly before driving that could read higher at the time of the test than at the time of driving. This is due to the fact, that in general most individuals requires between 30 minutes and hours to completely absorb alcohol into their system. This is a challenging defense to use and make an argument for admissibility of evidence. Make sure your Phoenix DUI attorney is experienced and well versed at using this defense.
9. Blood Alcohol Testing (BAC) & Urine Test Issues related to violation of protocol or the issues leading to unreliability of the test results
Results of blood alcohol testing are admissible only if the State can establish the blood was drawn by qualified personnel, proper protocol and scientific analysis used. Your Phoenix DUI Lawyer can also challenge the events surrounding the test administration, proper labeling, storage, transport of evidence and other protocol. .
10. Denial of Independent Test
A person has a due process right to collect independent scientific evidence of their blood alcohol concentration (BAC). The State may not unreasonably interfere with this right. If necessary, addition, your AZ DUI Attorney can even have the specimens retested by an independent lab which may lead to suppression of the evidence depending on issues surrounding lab results.
A word of caution: It is important to know that many defenses exist that could get your case dismissed. But the Phoenix DUI Prosecution will turn the other way and ignore any evidence or weaknesses in your case if you go unrepresented by a good Phoenix DUI Lawyer. The best Arizona DUI attorneys will over turn every stone to look for flaws or weaknesses in the prosecutions case to challenge, and fight to get your case dismissed, reduced to lesser charges, or the best possible outcome in your case.
If you have been arrested for any Phoenix Arizona DUI other criminal charge contact the Law Office of James Novak, for your Free Consultation at 480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).
The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, and surrounding cities in Maricopa County Arizona,
This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.