Posted on September 1, 2023 in DUI
Getting arrested for driving under the influence (DUI) could lead to a criminal conviction that stays on your record for the rest of your life. A DUI conviction can result in penalties such as jail time, driver’s license suspension and fines. The efficacy of your DUI defense strategy can make all the difference to your future if you are facing this type of charge. An attorney at Rosenstein Law Group can find the right DUI defense strategy for you.
Arizona’s DUI law, Arizona Revised Statutes, Section 28-1381, defines this crime as driving or being in actual physical control while under the influence of an intoxicating liquor, drug or substance. Arizona’s legal blood alcohol concentration (BAC) limit is 0.08 percent for standard drivers, 0.04 percent for commercial drivers and any detectable amount for drivers under the age of 21.
There are many opportunities for a lawyer to argue against alleged intoxication during a DUI case, such as:
The credibility of evidence of intoxication can be challenged by your lawyer, such as showing that you had a medical condition that made you appear impaired or that a chemical test was unreliable. Even if your blood alcohol registered above the legal limit, your lawyer may be able to have it ruled inadmissible for these reasons. Proving no actual intoxication can lead to a dismissal of the case.
A police officer must have reasonable cause to stop your vehicle, and it cannot be under suspicion of DUI. There must be another reason, such as a traffic violation. Your lawyer may be able to fight a DUI allegation by showing that you were merely making bad driving decisions and not under the influence of drugs or alcohol. This may be an available defense if an officer is testifying that you were driving in a manner consistent with someone under the influence.
To be found guilty of driving under the influence, there must be proof that you were driving or in actual physical control of a motor vehicle at the time of the traffic stop. If you were sitting in your car but not actually driving, this may not be enough to prove actual physical control depending on where you were in the vehicle, where the car keys were, if the car was on, and other factors.
It may be possible for your attorney to show that the police officers who performed the traffic stop, completed the DUI investigation or arrested you made mistakes. Examples include having no reasonable suspicion to stop your vehicle, failing to read your Miranda rights, conducting an illegal search of your vehicle, improperly conducting a sobriety test or failing to give you the opportunity to contact an attorney. These mistakes could have certain evidence ruled inadmissible (unable to be used in court) or lead to case dismissal.
During a criminal case, the prosecution has the burden of proof. This means the prosecutor must show using clear and convincing evidence that the defendant is guilty of the crime beyond a reasonable doubt. The defense, meanwhile, can work to show that this burden of proof has not been met, and that a jury has no choice but to find the defendant not guilty. Your Tempe DUI defense attorney can try to establish reasonable doubt by arguing that there is insufficient evidence to prove the necessary elements of a crime.
For more information about DUI defense strategies that may be used in your case, contact Rosenstein Law Group for a free consultation.
