Menu FREE Consult Request
DUI and Criminal Law Specialists
Available to help 24/7
Where were you arrested? A DUI is a state offense, but each jurisdiction handles them slightly differently.

DUI conviction overturned as search ruled illegal

In Arizona, if you are suspected of being under the influence of alcohol when you are in control of a vehicle, law enforcement officers may request that you submit to a number of tests. Failing these tests can often lead to arrest on suspicion of drunk driving. However, choosing not to take a drunk test can also lead to your driving license being revoked. Whatever your choice, it is important to remember that being charged does not mean you will be convicted.

There are very specific procedures that officers must follow when carrying out a traffic stop, search or arrest. If any of these rules are not adhered to, the whole process may be ruled illegal and the charges invalidated. One such case occurred in Oregon when a man was arrested on DUI suspicions, despite not having been seen in his vehicle.

He was called out of his home to talk to police about his pickup truck, which was wedged in a ditch. When he came outside, he had his truck keys in his pocket and admitted to being drunk. The deputy requested that he perform field sobriety tests, which he did. He was then arrested as the deputy assumed he must have attempted to park his truck while drunk, landing it in the ditch.

The court then needed to decide whether the event counted as a traffic stop. Ultimately, a three-judge panel concluded that it did, although one of the three disagreed. Because this then amounted to an illegal search and seizure, the truck owner's drunk driving conviction was overturned.

It may have happened in another state, but this case illustrates how important legal procedures are in determining the outcome of an arrest. If you are facing DUI charges, an attorney may be of great benefit to you. He or she can help you identify whether any breaches of protocol occurred during your arrest and assist you in clearing your name.

Source: The Oregonian, "Search of drunk Jackson County man in home illegal, despite DUII suspicion, court rules," June 18, 2014

No Comments

Leave a comment
Comment Information
We play an active role in the civic life of the Phoenix metropolitan area.
We support Scottsdale's Taste of the Town festival that benefits the local chapter of the Muscular Dystrophy Association as well as the annual Toys for Tots campaign. Our firm also contributes to a number of other local organizations, including Home 'Fur' Good, a nonprofit dedicated to eliminating the euthanasia of adoptable homeless cats and dogs in Maricopa County.
Rosenstein Law Group Best Lawyers 2020 Avvo Rating 10.0 Superb Top Attorney DUI Super Lawyers Arizona Trial Lawyers Association Attorney At Law Magazine Contributing Editor Arizona Attorneys For Criminal Justice Established 1986

Free Consultation With A Drunk Driving Defense Lawyer

When you need effective, strategic defense, contact us 24 hours a day, seven days a week at 480-248-7666. We are ready and waiting for your call.

Bold labels are required.

Contact Information

Submitting your information to us through this web form does not establish an attorney-client relationship. Information submitted through this web form is not confidential, not subject to attorney-client privilege, and will not preclude this law firm from representing a different client in the same legal matter. We do not represent you until you meet with us and sign a fee agreement. Please do not send us any confidential information about your case until we meet.


Privacy Policy

Free Consultation With A Drunk Driving Defense Lawyer FREE Consult Request