Phoenix DUI Lawyer Blog

Arizona DUI Attorney | Criminal Defense

'"Your Arizona DUI Attorney may be able to get your Arizona DUI dismissed if there is No Probable Cause to Arrest"

If you were arrested for an Arizona DUI, you should consult Arizona DUI Attorney as soon as possible. You will find most qualified criminal defense attorneys and DUI lawyers in Arizona provide free consultations. An experienced Arizona DUI attorney will do everything possible in an attempt to get your Arizona DUI charges dismissed, reduced, or in the alternative get the best possible outcome in your case.

Arizona DUI Arrest
From a defense standpoint, your Arizona DUI Attorney may be able to get your Arizona DUI dismissed by using one or more defenses. One common defense is "No Probable Cause to Arrest". By law, the police must have reliable information which would lead a reasonable person to conclude that criminal activity has been or is being committed prior to the arrest. Unless probable cause exists, the arrest is unconstitutional and invalid. The fourth amendment of the United States Constitution specifically requires among other things, that arrests and arrest warrants be supported by "Probable Cause". Note "probable cause to arrest" is a higher standard than "reasonable suspicion to stop" or detaining a driver for investigation or questioning.

Probable Cause for Arrest
The police officer needs have obtained specific evidence and facts including but not limited to, field sobriety tests, breath tests, and/or chemical tests and such depending on the circumstances. The law enforcement official needs to have "enough to cause a reasonable person to believe that a crime has been committed." The judge needs to hear this actual evidence and specifics, not just assumptions, no accusations, not opinions, not biased unsubstantiated conclusions made by a police offer or the prosecution but actual physical or measurable evidence. Examples of such evidence include but are not limited to accurate breathalyzer machine results or blood test results. A good private practice Arizona DUI will investigate to determine that the police in fact enough evidence to meet the standard of probable cause to arrest. If not, they will challenge it will compelling arguments, file motions, and take the legal and assertive actions necessary to get your DUI charges dismissed.

Arizona DUI Penalties
An Arizona DUI conviction of any kind can have such negative impacts on your life as loss of job or future job opportunities, loss of driver's license, costly fines and fees, mandatory incarceration in jail or prison, court ordered ignition interlock devices to be installed in your vehicle at your expense, counseling, based on your circumstances, the type of DUI charges, past criminal history, first time or repeat offense, and a host of other factors.

Arizona DUI - Other Defenses
First remember that an Arizona DUI charge is not a conviction. You have the right to fight your DUI. With a good DUI Lawyer in Arizona you can fight to get your charges, and challenge the evidence to try to get your case dismissed, charges reduced, or otherwise a better outcome in your case, than if you have not hired an attorney.

There are many defenses that can be used, and issues that can be challenged. Some of these defenses are listed and discussed in detail in the "Arizona Winning Defense Strategies" ©" and "101 DUI Defense Strategies"© Books, written by a experienced DUI Defense Attorney and Arizona DUI defenses Author, James Novak, whose law firm is 100% devoted to defending DUI and criminal charges in Maricopa County. Abridged versions of all three books can be downloaded free of charge at www.arizonacriminaldefenselawyer.com.

Defense strategies are determined and built by you qualified Arizona DUI Attorney who will be defending your case. The defenses are based the particular circumstances, and evidence surrounding your Arizona DUI charges. Your Arizona DUI lawyer will present it with compelling arguments to the judge and prosecution through the proper legal channels.

Arizona DUI Attorney
Your chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome without a good Arizona Criminal Defense or DUI Attorney are slim to none. The Arizona criminal justice system can be a maze of complex rules, guidelines, and protocols. You will need an experienced Arizona criminal defense attorney or Arizona DUI lawyer who regularly defends Arizona DUI charges through the criminal justice and court systems. A good Arizona DUI Lawyer will investigate, examine all evidence, build a strong defense challenge charges and the evidence, attend Motor Vehicle Hearings, Arraignments, Pre-trial Conferences, Suppression or Evidentiary Hearings, defend you at trial if a trial is needed and you have arranged in advance for your attorney to do the trial. In sum, the best Arizona DUI attorneys will do everything possible to get your Arizona DUI charges dismissed, reduced, or the best alternative outcome in your case.