Tucson Criminal and DUI Defense Attorney If you have been arrested and charged with the crime of Driving Under the Influence of Intoxicating Liquor or Drugs (DUI) you are facing a serious offense. You may face some significant consequences, including:
But, not all hope is lost. The task is quite challenging, but DUI cases are defensible. For that, you need a lawyer who understands not only the criminal justice system, but also the unique ways it interacts with DUI charges. Only an experienced DUI lawyer can identify unique issues in your case to identify the best DUI defenses available. Thorough DUI defense requires a strong understanding of the science behind DUI prosecutions, including understanding how BAC testing works, the ins and outs of field sobriety tests, and of course a strong grasp of the constitutional and statutory laws. The following is a list of some of these defenses to give you an idea of how legal and scientific issues form the basis for many types of DUI defenses. This is not an exhaustive list, and intended to give a general understanding of some of the common defenses in Arizona DUI cases. This should not be construed as being a substitute for a consultation with a DUI lawyer. If you or a loved one has been arrested for DUI, contact the Tucson Defenders today for a Free Consultation with a Tucson Criminal Defense and DUI Attorney. ACCUSED WAS NOT DRIVING A VEHICLE Many people overlook what might be the most obvious and glaring defense a person charged with DUI might have. While this defense will not apply to many cases where the defendant was arrested during a traffic stop or at a DUI checkpoint, a no-driving defense may be very viable in a case involving a traffic collision. Considering these often carry the most serious consequences (especially of someone is injured). It is a well settled law that a person who is impaired and not driving a motor vehicle, or who is not in actual physical control of a motor vehicle should not be found guilty of a DUI. As in all criminal cases, the prosecution bears the burden of proving each element of the crime beyond a reasonable doubt. In the case of DUI, driving is an element not to be overlooked. ILLEGAL STOP OF PERSON OR VEHICLE In order to stop a motorist, a police officer must have a reasonable A driver cannot be stopped unless the officer has a just and basis to believe that a person has violated a traffic law or other law. Moreover, in all criminal cases, the State has the burden to prove that all evidence was obtained lawfully and in compliance with the Fourth Amendment of the United States Constitution (which protects the rights of all individuals to be from unreasonable searches and seizures). There have been many favorable precedent-setting court cases reinforcing the rights of motorists to be free from unjustified traffic stops. If an officer's account of the reason for the stop does not suggest enough evidence of criminality, the stop should not be upheld. Further, there may be evidence to contradict an officer's account, particularly with the modern trend to have dash cams, body-worn video, and even surveillance cameras belonging to local homes and businesses. Challenging a traffic stop is not easy, but when done correctly, can result in a dismissal of a DUI case. NOTE: DUI Checkpoints follow a different legal standard, and have been upheld as Constitutional by the United States Supreme Court. NOT GIVEN OPPORTUNITY TO CONTACT AN ATTORNEY DURING THE DUI INVESTIGATION Pursuant to Rule 6.1 Ariz. Rules of Criminal Procedure "A defendant has the right to be represented by counsel in any criminal proceeding. The right to be represented by counsel includes the right to consult privately with counsel, or the counsel's agent, as soon as feasible after a defendant has been taken into custody, at reasonable times after being taken into custody, and sufficiently in advance of a proceeding to allow counsel to adequately prepare for the proceeding.” In DUI investigations, this right is indefeasible because the time frames of a DUI investigation are critical in making the decision to obtain “independent exculpatory evidence.” Denial of that right can result in a DUI case being dismissed. Evidence obtained following the violation of a defendant's right to counsel must be suppressed, and sometimes a dismissal of the charges is the remedy when the State interferes with a defendant's inability to consult with counsel. INACCURACY OF BREATH TESTING Breath tests generally known as "breathalyzers." These devices measure the particles of breath alcohol in your lungs (not the blood) and provide a number meant to correspond the BAC (Blood Alcohol Concentration). This indirect method of measurement means that there is an inherent 10% margin of error, which can mean a falsely high reading. Although two breath tests are often performed, some of the same factors can easily (and usually would be) present for both tests. These factors include:
FIELD SOBRIETY TEST IS INACCURATE OR INVALID Not all Field Sobriety Tests (FSTs) are “standardized” (accepted by NHTSA). Tests like “Finger-to-Nose,” (Modified) Rhomberg balancing test, or reciting the alphabet are not accepted tests for determining impairment. A police officer may determine that a suspect "failed" a field sobriety test, but if there is not a link between that test and impairment to drive, the test does not provide much legal value. Some tests, such as the Horizontal Gaze Nystagmus (HGN) test have been linked to accurately determine alcohol impairment, but must be performed properly in order to yield meaningful results. Questionable administration of FSTs may be used by the defense to challenge an arrest (i.e. the test do not provide enough evidence of impairment to justify the arrest), or may be used at trial to challenge the State's evidence of impairment. In any event, having an experienced DUI lawyer who knows the science and procedure associated with FSTs is imperative. FSTs are tricky, and need to be dealt with thoroughly when the administering officer is on the witness stand. OTHER COMMON DEFENSES INCLUDE: Unlawful Arrest (Violates 4th Amendment), Miranda Violation (5th Amendment), Implied Consent Violations ("Refusal" Cases), Right to Independent Test (Failure to Preserve), Medical Conditions, and more. IF YOU OR A LOVED ONE IS FACING DUI CHARGES IN TUCSON, CONTACT THE TUCSON DEFENDERS TODAY FOR A FREE CONSULTATION WITH A TUCSON DUI DEFENSE ATTORNEY. 520-585-5757 RELATED ARTICLES: Common Defense Strategies, Driving Under the Influence, Drug Crimes, Aggravated DUI, DUI Drugs, DUI Causing Injury, Multiple Offense DUI
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November 2024
DISCLAIMER: The information provided on this website is for informational purposes only, and is not intended to be legal advice, nor to create an attorney-client relationship.
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