Possible defenses for DUI charges in Arizona


A DUI in Arizona can be an extremely complex charge, which is why it is essential for you to talk to an attorney about your DUI case. Attorneys can defend your DUI charge by reviewing the facts of your case and listening to your side of the story. In order to successfully defend you against your DUI charge, an attorney may review your case for possible defenses, such as:

1. Probable Cause - If the officer does not have reliable information that would lead a reasonable person to believe that criminal activity has been or is being committed at the time of the stop, detainment or arrest, the case could be dismissed.

2. Failure to give Miranda warning - If the officer did not give the person a verbal warning that 1. he/she has the right to remain silent, 2. any statement he/she makes can be used against him/her, 3. he/she has the right to an attorney and 4. if he/she cannot afford an attorney one will be provided before any further questioning takes place. If these warnings were not read at the correct time, self-incriminating statements may be suppressed.

3. Blood-alcohol testing - The blood, breath or urine test administered by the police officer must meet state calibration maintenance regulations and requirements. If the maintenance checks are not up to date or appear out of tolerance, the test results may be suppressed.

4. Physical Control - In Arizona, the prosecution must establish that the defendant was driving or in control of a vehicle while impaired. This can be very difficult for the prosecution to prove if there are no witnesses to testify as to who was driving the vehicle.

5. Blood testing deficiencies - If the prosecution cannot establish that the blood test given to the defendant was performed by qualified personnel, and that the scientific analysis complied with scientific standards, even the smallest deficiency can require that the test results be suppressed.

This list is just a start of possible defenses, as there are so many different aspects of a DUI charge that a AZ DUI attorney can scrutinize. In some cases, a defendant may not have even known that they were treated unfairly or that they were not provided with their full constitutional rights, until they met with an attorney. Talk to an AZ DUI defense attorney as soon as possible.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Jeremy Geigle, Jackson White PC | Attorney Advertising

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