Each DUI defense is unique, based upon the specific facts surrounding the DUI arrest. The broad-based defense strategy a qualified Scottsdale DUI attorney uses when fighting a DUI charge competes with the prosecutor’s case on the following.
- Unreasonable Suspicion.
- Lack of Probable Cause.
- Improper Administration of Field Sobriety Tests.
- Poorly Maintained or Inaccurate Calibrating of Breathalyzer.
- Lack of Legal Justification for Drawing Blood.
- Challenges with the Police Chain of Custody of Evidence.
Find Out How a Scottsdale DUI Defense Attorney Can Help You
Arizona is said to have some of the toughest DUI laws in the United States. Many good people get arrested for DUI. It doesn’t make them bad people if they drive drunk, but it makes them good people who make a serious mistake that affects the rest of their lives.
In respect to Arizona’s zero-tolerance DUI laws, a DUI charge in Arizona serves a hard punishment, among them being jail time, it’s an obligatory requirement, even for a first offense.
A defense attorney will attempt to have the charges against you thrown out using one of the following strategies.
How to Beat a DUI in Scottsdale: Legal Strategies and Insight
Strategy #1 Reasonable Suspicion
As per the Fourth Amendment to the U.S. Constitution, the government is barred from executing unreasonable search and seizure. This isn’t limited to your residence; it’s also extended to your vehicle.
The police must have “reasonable suspicion” against you, which implies much more than a simple hunch. For them to stop you, there must be reasonable suspicion that you’ve committed a traffic violation; such as failing to signal somebody in front of you, or speeding.
If they use lack of reasonable suspicion to stop you, your lawyer can use this argument to dismiss evidence gathered from the stop. This argument may gravely weaken the case against you for the prosecution.
Strategy #2 Not Physically Driving
DUI charges can be filed even if you’re not driving. This means if you’re sitting in a passenger’s seat, being in a car parked with the keys not in the ignition, or where don’t have intentions to drive. But if the officer finds you in possession of the keys and in the car, you could then be possibly charged with “possession and control” of the vehicle.
A good lawyer will argue that there’s minimal evidence to prove the counts that weigh against you. For example, if you were sleeping in the back seat, or the car didn’t have fuel, the specifics indicate that you may have zero intention of actually driving.
Strategy #3 Probable Cause
Reasonable suspicion isn’t probable cause. An officer may have justification to pull you over, but that’s not the same thing as an officer having probable cause to arrest you. Understanding the difference between a field sobriety test, such as walking a straight line, and the more definitive type—a chemical test, with devices like a breathalyzer or even a blood draw.
You can refuse to take a field sobriety test, but you probably shouldn’t refuse to take a chemical test. If the officer made the arrest without probable cause and arrests you, then any evidence coming after the arrest, including the result of a chemical test, may be inadmissible in court. That inadmissibility may be crucial to your defense.
Strategy #4 Miranda Rights
There are certain important rules of the game to protect your rights. A common one is when police fail to read Miranda Rights to an arrested person. This doesn’t automatically dismiss your case, but it can help your lawyer get certain evidence—your post-arrest statements—thrown out. This means that your statement might be excluded from evidence and can considerably affect the prosecution’s ability to prove their case.
Strategy #5 Blood Test
Officers are required to take your blood within two hours of arrest. If they don’t conduct the test in the proper fashion, your attorney can challenge the results. A number of things can go wrong with a blood test—from violating the procedure to having the test conducted by an officer without proper certification.
Also, improper storage conditions and handling of the blood sample present opportunities. Your attorney can pick away at the reliability of the test, potentially leaving this evidence completely unverified.
Strategy #6 Plea Deals
Sometimes, the evidence arrayed against the accused is so significant that going to trial would be too dangerous to risk. In this instance, a plea deal is the best way forward. With the right legal advice, a plea could see you avoid some of the harsher penalties. An Arizona defense attorney can structure your plea bargain. With a well-drafted plea bargain, you could receive a reduced sentence or lesser charges.
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Want to learn more about DUI case defense? Visit our blog at The Rosenstein Law Group official website for details about your legal options and rights regarding DUI cases.