Phoenix DUI Lawyer Blog

How Good Scottsdale DUI Lawyers use the Law and Defenses to Your Advantage

Good Scottsdale DUI Lawyer will pull from their education, training experience and arsenal of defenses to fight to help you beat your DUI charges. If you have encountered Scottsdale PD and received a DUI in Scottsdale Arizona, you know the odds are against you. They are tough on crime and tougher on Scottsdale DUI charges. The only way you will be able to take control of the situation and fight your DUI charges is to hire a DUI Attorney who defends clients regularly in Scottsdale for their DUI charges. A

"A Good Scottsdale DUI Lawyer will pull from their education, training, experience and arsenal of defenses to fight to help you beat your DUI charges."

Below is just a few examples taken from "101 DUI Defense Strategies" © Winning Arizona DUI Defense Strategies Book Author: James Novak, to give you an idea of a few defense strategies a Scottsdale DUI Defense Attorney may use:

BREATH TESTING IS INACCURATE
Were you charged with a DUI based on one breath test result?
Virtually all experts concede that one breath test alone is unreliable. Breath testing is subject to various inaccuracies, including a variance as much as +/- 10.0%. This could be increased due to other factors. Therefore, two breath tests must be conducted.

DUPLICATE BREATH TEST NOT TIMELY
Did the officer take another breath test less than 5 minutes from the first test?
After the first breath test, a second must be administered at an interval not less than five minutes or more than ten minutes. If this is not followed then the breath test evidence
can be suppressed.

DUPLICATE BREATH TEST OUT OF RANGE
Were the two breath tests that you took, far apart in range, and still used to charge you with a DUI?
Two breath tests are given. If the second test is not within 0.020 alcohol concentration of the first test, additional tests shall be administered until the results of the two consecutive tests are within 0.020 alcohol concentrations. If this procedure is not followed and the results are outside the allowable range that breath test evidence may be suppressed.

BAC AT THE TIME OF THE DRIVING WAS BELOW .08.
Was your DUI testing conducted within two hours of your driving, being in physical control, or potential to be in physical control of a vehicle?
The blood alcohol level is not constant in the defendant. It rises as it is absorbed by the body; it falls as it is processed by the body. The prosecution must establish that you BAC might have been .08 or better within two hours of driving the vehicle.

FAILURE TO MIRANDIZE
Did the police officer read your Miranda Rights at the time of your arrest? Prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings.

IMPROPER STOPPING A VEHICLE FOR DOCUMENTS CHECK
Were you stopped, and asked for your driver's license and registration for no
valid reason (excluding sobriety checkpoint stops) simply to check the driver's license and registration?
There must be an actual traffic violation or valid suspicion of a crime committed or in progress.

ILLEGAL SEARCH
Did police possess a legal and justifiable reason to search you and your vehicle?
The police are prohibited from searching a person or the automobile for a minor traffic offense without your consent, or a search warrant. Evidence found illegally without your consent or probable cause to search you, can usually be suppressed in court by an experienced and competent DUI Lawyer. The case and facts need to be reviewed to determine if your Constitutional Rights were violated and should the evidence be suppressed or the case dismissed.

For now, your immediate challenge is to make sure you hire an experienced Attorney who exclusively handles criminal and DUI cases, and on a regular basis in Scottsdale. Make sure they are good litigators with a wealth of knowledge and experience in defending Scottsdale DUI charges. Without such ally to fight for you your chance of getting your case dismissed, reduced or any good outcome are drastically reduced. Your valuable freedom and future are at stake. Choose wisely.