In Arizona, DUI convictions have serious consequences that could lead to losing your driver’s license and your freedom while impacting your career. If you are facing DUI charges, you should hire a DUI attorney to help build an effective defense strategy.
According to Hernandez & Hamilton, PC, there are many defenses that can successfully help to either reduce your charges or have them dismissed altogether. Here is a look at some of the possible defenses that may be used in your circumstances.
There Was No Reasonable Suspicion to Stop You
Law enforcement must have a valid reason to stop or detain a person. They cannot stop you based on your race, gender, age, religion, or for any other discriminatory reason. Police officers must provide evidence that supports that you were engaging in unlawful activity. If they cannot, then your traffic stop may be deemed unconstitutional.
You Did Not Have Actual Physical Control of the Vehicle
Police officers can’t arrest anyone they find behind the wheel of a running car that is not in motion, even if they suspect them to be drunk. For charges to be valid, you must physically be in control of the car. If the car is running but is pulled off the road and in park, you won’t be considered driving under the influence.
Lack of Probable Cause for Arrest
Some people should not be asked to take field sobriety tests, according to the National Highway Traffic Safety Administration. You should not be asked if you are more than 50 pounds overweight, over the age of 65, or have disabilities that could affect your balance.
If you have any injuries to your hips, knees, back, ankles, or legs, this could also affect the validity of the test. Anyone wearing shoes with heels that are over two inches high should also not be asked to take certain field sobriety tests.
You are within your rights to refuse the field sobriety test. The officer may tell you otherwise, but this test is not the same as the chemical tests.
You Were Denied Right to Counsel
You have the constitutional right to speak with an attorney and have one represent you. If you were denied this right when you requested it or the police waited too long to give you access without providing a reasonable cause, this is often grounds to get the case dismissed.
Inaccurate Chemical Tests
The Department of Health Services for Arizona has established guidelines for police to follow when it comes to breath-testing tools. Your attorney can investigate this matter to determine if the breath test you were given was done on an uncalibrated breath device.
Furthermore, these devices can provide inaccurate readings. Whether the chemical tests you submitted were faulty or there was another issue with your stop or arrest, there may be a way to reduce your charges or have them dismissed. Contact an experienced criminal defense attorney to discuss your case and work on your defense.
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