Phoenix DUI Lawyer Blog

"Just because you were charged with a Phoenix DUI doesn't mean you will be convicted"

Successful Defenses Used By Top Phoenix Attorneys to Beat DUI Charges

If you face Phoenix DUI charges you must read on: You already realize how serious the situation is, and how important it is to consult an experienced Phoenix DUI Attorney. But you want to know what they can do for you. The question rolls through your mind "How they can help me?" Phoenix DUI defenses should not be a secret. But be cautious...knowing about a defense and executing that defense through proper motions and the legal process are entirely two different things. Your Attorney will exercise your defenses, with the proper motions, at the proper time, through the proper legal channels with the court in an attempt to get your charges dismissed or evidence suppressed in your favor.

Top Phoenix DUI Lawyers use an arsenal of defenses available to them in accordance with the law and your constitutional rights. In addition, to helping you through the maze of the court and legal processes, a good Phoenix DUI defense attorney, who defends clients for Phoenix DUI charges on a regular basis, knows and understands how to use the laws and your state and federal constitutional rights to defend your case. Many times these defense strategies are successful. On a daily basis, they get cases dismissed, charges reduced and in the least, much better outcomes that defendant could possibly get on their own. Below are examples of two common Arizona DUI defenses:

ILLEGAL STOP OF PERSON OR VEHICLE
Did a police officer illegally stop you?
The United States Supreme Court has held that an officer must have a reasonable suspicion of a criminal or traffic offense to stop a vehicle. If the officer did not have a reasonable suspicion, then the remedy can call for a dismissal of the Phoenix DUI charges. An officer cannot legally stop a driver unless they can substantiate a specific and just cause to believe there has been a traffic infraction or other violation of law. Weaving within one's own traffic lane for a short distance or making a wide turn should not justify a hunch that the driver is driving intoxicated. These types of actions are seen commonly in unimpaired drivers.

THE OFFICER DID NOT HAVE PROBABLE CAUSE TO MAKE THE ARREST
Was there probable cause to arrest you?
The burden on the Arizona police is greater to arrest you than it is to make the initial stop. The standard for an officer to stop a vehicle, the officer must have merely a "reasonable suspicion" of a Phoenix DUI. But to make an arrest, the level rises to a higher standard, which is that "probable cause" to arrest. If a motion to dismiss for lack of probable cause to arrest is made, the court then considers all facts gathered by the officer before the arrest. What occurred after the arrest: the breath or blood test then is not relevant. Based on the facts, the case may be dismissed.

This is just a "tip of the iceberg" so to speak of the wealth of defenses a good Phoenix DUI Attorney can use to defend your case depending on the unique circumstances of your case. Hiring a private Phoenix DUI Attorney or an attorney who defends their client's cases in the Phoenix DUI courts can make the difference between a dismissal of your case, or getting a conviction with the maximum penalties under the Arizona Law which are severe. Just because you were charged with a Phoenix DUI doesn't mean you will be convicted. With the right Phoenix DUI defense attorney, the charge is only the beginning. You simply need to want to fight your charges and win, and chose a good attorney to defend your case. Choosing the best Arizona DUI attorney for you is one of the most important decisions you will ever make.