Phoenix DUI Lawyer Blog

Defend Your Tempe DUI Charges!

Legal Standards: "Reasonable Suspicion to Stop" and "Reasonable Cause of Arrest"

If the Tempe Arizona Police officer did not have a "reasonable suspicion" of DUI to stop you, the remedy can call for a dismissal of your Tempe DUI charges. Regarding the Tempe DUI arrest, the standard rises to a higher level, of "probable cause" to arrest. A motion to dismiss for "lack of probable cause to arrest is made" will be made by your Tempe DUI Attorney with the facts. 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. In other words, the test results may not be used against you. That's the law. The case may be dismissed, evidence suppressed, or charges reduced. With these concepts in mind, here are just a few examples of defenses Good Tempe DUI Attorneys have used to beat DUI charges:

DRIVER FATIGUE
Were you actually fatigued rather than under the influence of drugs or alcohol? Driving fatigued can produce many of the same signs as impaired driving under the influence of drugs or alcohol. However, it is not a crime to be tired while driving. The case should be dismissed.

BLOODSHOT AND WATERY EYES
Did the Tempe DUI officer claim your eyes were bloodshot or watery?
The police officer would need to have known how your eyes typically look on a daily basis. This appearance of your eyes may be normal for you. There are a variety of reasons that exist for discoloration, bloodshot or watery eyes including, smoke, allergies, flu symptoms, or simple fatigue. The police officer will be forced to admit that they don't know how long you had been awake, what eyestrain you may have had during the day, or what other factors existed that contributed to cause the appearance of watery or bloodshot eyes. Note: "Glassy eyes" are not indicated as a clue of cause being intoxication by the National Highway Traffic Safety Administration (NHTSA). A 1997 NHTSA study bloodshot eyes were removed from the list of impairment clues since there were so many other possible causes exist besides excessive alcohol.

SLURRED SPEECH
Did the Tempe DUI officer claim your speech was "slurred"?
How would a police officer, that does not know you personally, know what your voice typically sounds like? You may have a congenital, acquired speech impediment, dental or medical condition. Or you may simply be fatigued, thirsty, or had stress on your voice that day from excessive activity. Maybe that is your normal speech pattern. Regardless, they will be forced to admit on the witness stand, that they are not familiar with any of these facts about you that may apply to your situation. The police have standard forms which they fill in with checkmarks for observations and field sobriety test results. In some cases the officer cannot remember from their independent recollection if you had been slurring every word or just some words anyway.

FLUSH FACE
Did the Tempe DUI police claim your face was "flushed" in appearance?
It is common for the police to attempt to correlate a flushed or red face with a sign or symptom of intoxication. The police do not ask and try to get possible explanations for this observation such as working out doors, driving after a physical work-out, being in the sun, or allergies. Many other factors may exist that would cause this red discoloration. Medical conditions such as Eczema or Rosacia can cause readily seen red patchy or rash-like appearances on the face, neck and upper torso.

Remember, you are innocent until proven guilty in the court of law. You have the right to retain a Tempe DUI Defense Lawyer. Use it. Hiring a good Tempe DUI Attorney can mean the difference between getting your Tempe DUI charges dismissed v. receiving the maximum penalties under the law for a Tempe DUI Conviction. Choose wisely.