Posted in Drunk Driving Charges on August 22, 2014
It is no secret that Arizona has some of the toughest laws in the nation when it comes to charges of driving while under the influence of alcohol or drugs. We have written on our blog about people who have run afoul of these laws, and the punishments that courts have meted out to them upon conviction.
The existence of harsh penalties, however, does not translate into any guarantee of the prosecution prevailing in a drunk driving case. Arizona law is no different from any other state in that the defendant has legal rights that must be respected, and police and prosecutors have legal duties that must be observed. This combination provides anyone accused of DUI offenses with multiple opportunities to defend him or herself.
It is important to remember, for example, that the police must carefully follow specific procedures to avoid having a drunk driving case dismissed. These procedures can begin before the officer even leaves the police station, such as ensuring that the equipment used to test for breath or blood alcohol content is properly maintained and calibrated.
Also, a police officer must have a valid reason to stop you if you are driving. He or she cannot do so based on arbitrary factors. Additional matters, such as the administering of field sobriety tests, must also be done properly. Even the failure to advise someone of his or her rights upon arrest can damage a prosecution’s case for drunk driving.
If you are ever charged with drunk driving or another DUI offense, it is imperative that your attorney ensures that law enforcement personnel prove each and every element of their accusations against you. Your attorney’s knowledge of and experience with the relevant laws of Arizona is key in this regard.
If you would like to learn more about defending yourself from a DUI charge, we encourage you to examine our webpage for more information.