Common DUI Defenses

Driving under the influence (DUI) is a serious offense with severe penalties. In Arizona, a DUI conviction can have serious consequences, including monetary fines, license suspension or revocation, and imprisonment. The court may also require you to complete a mandatory alcohol education program and only drive a vehicle with an interlock ignition device for some years.

A DUI conviction remains on your permanent criminal record and can also negatively impact other areas of life, including reducing or denying you employment opportunities. You may also be unable to practice in certain professions. Typically, a DUI charge can have life-changing implications. You need to consult a DUI defense attorney to help you fight for your legal rights.

A skilled Arizona DUI defense attorney can help you develop a defense strategy to convince the court to reduce or dismiss the DUI charges. Some of the common DUI defenses that Arizona DUI lawyers use include:

• No basis for a stop. A police officer cannot stop a vehicle unless they reasonably believe that you have violated a traffic law, including drunk driving. In this case, you need to show that the officer did not have any legal basis for your DUI stop. The burden of proof is on the prosecution, and the officer has to provide a reasonable basis for the traffic stop; otherwise, it was an illegal stop.
• No probable cause for arrest. Closely related to the no basis for a stop defense is the lack of probable cause for a DUI arrest. Even where a DUI stop is legal, an officer should not arrest you if you have not violated Arizona DUI laws. The defense involves proving that the arresting officer did not have probable cause for arrest, including from their observations and breath-test results.
• Not intoxicated. The defense involves showing that you were not intoxicated or impaired during the arrest. Even though you were drunk, your blood alcohol content (BAC) levels were below the legal limit of 0.08%.
• Unlawful arrest procedures. In this case, the arresting officer infringed on your constitutional rights during the DUI arrest, including using excessive force or injuring you. The officer may also have violated your Miranda rights making subsequent evidence inadmissible in court.
• Inaccurate chemical results. The defense involves showing that the BAC kits or breathalyzers were faulty; hence the chemical results that are the basis of your DUI charge are inaccurate. In this case, the BAC kits misled the police about your intoxication levels.
• Not in actual physical control of the vehicle. Arizona laws require a driver to be driving or in actual physical control of a vehicle to be guilty of a DUI offense. In this case, even though you were drunk, you were not driving but were off the roadway in a stationary motor vehicle.

Contact a Phoenix DUI Defense Lawyer

An Arizona DUI conviction has immense implications, including losing your driving privileges, paying hefty fines, and going to jail, among other consequences. Additionally, DUI cases and related defenses are often complex and challenging, including requiring scientific evidence. However, a well-qualified DUI defense attorney can guide you through the complex criminal justice system while helping you develop the best defense strategy. Contact our skilled and experienced DUI defense lawyers at Huselid & Huselid Law if you are facing DUI charges in Phoenix, AZ. We are committed to helping you overcome your DUI charges, including having the court reduce or dismiss them. Contact us today to schedule a free consultation while learning more about our services.