Driving under the influence (DUI) in Arizona is a serious offense that can come with significant penalties. Being convicted of DUI can result in life-changing consequences, such as mandatory jail time and the suspension of your driver’s license. The strength of your DUI defense can make all the difference if you have been accused of a DUI in Scottsdale.
You Were Not in Actual Physical Control of a Vehicle
Arizona Revised Statute 28-1381, the state’s primary DUI law, states, “It is unlawful for a person to drive or be in actual physical control of a vehicle…while under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.”
The DUI law requires a defendant to have been in actual physical control of a vehicle at the time of the alleged offense to be convicted of this crime. This does not necessarily mean driving; it can also mean sitting in the driver’s seat of a parked car or sleeping in the backseat while the keys are in the ignition. If your lawyer can prove that you were not exercising actual physical control of a car at the time of your arrest, however, the charges may be dropped.
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You Were Not Under the Influence or Impaired to the Slightest Degree
It may be possible to prove that you were not under the influence of an intoxicating substance that impaired your abilities at the time of your DUI arrest. Defendants may utilize one of several defenses to disprove intoxication, including:
- Blood alcohol concentration (BAC) level was below the legal limit (0.08 percent or 0.04 percent for a commercial driver)
- Inaccurate breathalyzer or chemical test results
- Faulty BAC testing procedures
- Malfunctioning or improperly calibrated breathalyzer device
- Inaccurate field sobriety testing methods
- Medical condition or another explanation for field sobriety test failure
- Rising blood alcohol defense (your BAC was below the legal limit at the time of driving but increased by the time the test was administered)
- Mouth alcohol defense (latent oral alcohol affected test results)
- Alternative explanations for traffic law violations or faulty driving besides intoxication
If your Scottsdale DUI defense attorney can show that your BAC results were not accurate or that the prosecution does not have sufficient evidence to prove that you were impaired beyond a reasonable doubt, you may be acquitted (found not guilty at trial) or the case may be dismissed.
Lack of Reasonable Suspicion or Probable Cause
Law enforcement officers in Arizona can only arrest someone for allegedly driving under the influence if they had probable cause to conduct the traffic stop. The police cannot stop a driver on suspicion of drunk driving. There must be another reason, such as a traffic violation, to pull the driver over. An illegal stop without reasonable suspicion or probable cause could give your lawyer the right to file a motion to suppress all evidence resulting from the traffic stop and subsequent unlawful arrest.
Constitutional Rights Violations
If the police officer who conducted your traffic stop or arrested you violated any of your constitutional rights, any evidence collected from that point forward may be ruled inadmissible during your case. Insufficient evidence could lead to a reduction of the DUI charges against you or complete case dismissal.
Examples of rights violations include unlawful search or seizure, failure to read you your Miranda Rights at the time of arrest, and denying you the right to counsel. Any incidents involving police brutality or unlawful use of force by a law enforcement officer could also call DUI charges into question.
At The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer, we can review your specific DUI defense options in detail and create a custom legal strategy for you. Contact us for a free case consultation.