To make a DUI arrest in Tempe, the Police Officer must have "probable cause" to arrest you. A Tempe DUI arrest requires the higher standard of probable cause than the DUI stop itself. The DUI stop only requires "reasonable suspicion" that a traffic infraction, or violation of law. If your Tempe DUI defense files a motion to dismiss for lack of "probable cause" to arrest, and the Tempe Court agrees, then what occurred after the arrest including breath or blood test then is not admissible or relevant. Depending on the circumstances your case, your Tempe DUI lawyer has a compelling argument which may lead to a total dismissal of your Tempe AZ DUI charges.
Tempe DUI Laws
DUI Charges in Tempe AZ are serious, and carry some of the harshest penalties in the country. If you were charged or arrested for a Tempe DUI you will need an experienced Tempe DUI Attorney or an Arizona Attorney who defends charges frequently in Tempe Court and criminal justice system to defend you. Tempe DUI Laws, Classifications and Penalties are governed by Arizona State Laws which can be found at under ARS §28-1381 - www.azleg.state.az.us.
Top DUI Defenses - To Name a Few
Below are just a few of many common defenses that an experienced criminal defense or DUI Attorney in Arizona may use to defend your case. Excerpts are cited in part from the Arizona Winning DUI Defense Strategies © Book Series, "101 Arizona DUI Defenses" © written by experienced Arizona DUI Attorney James Novak:
ILLEGAL STOP OF PERSON OR VEHICLE - Were you legally stopped by the Tempe police? 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 may call for a dismissal of your Tempe DUI charges. The officer must be able to 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 drunk driving or impaired by drugs or other toxic substances.
THE TEMPE POLICE DID NOT HAVE PROBABLE CAUSE TO MAKE THE ARREST - Was there probable cause to arrest you? The Tempe Police Officer's burden of proof is even 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" that a traffic infraction or other violation of the law was committed. 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.
PORTABLE BREATH TEST INADMISSIBLE
Did the police charge you with a DUI based upon the results of a Portable Breath Test Unit exclusively? Arizona does not allow the results of the Portable Breath Test (PBT) to be used against you as a form of admissible piece of evidence. The PBT is not maintained or calibrated and not considered reliable evidence. It is generally intended for use as a preliminary test, used only in conjunction with other DUI tests or admissible breathalyzer unit testing. If your DUI charges were based exclusively on the results of the portable breath test unit, the evidence can be suppressed with regard to those results.
Tempe DUI Defense | DUI Attorney Tempe, AZ
To go through the criminal justice process or Tempe Court unrepresented for your DUI charges by a good Tempe DUI lawyer or criminal defense attorney in Tempe is simply a exposing yourself to potentially swift and certain conviction. Without the defense of a qualified Tempe DUI lawyer you are putting your life, freedom and future into the arms of the person who wants to convict you. That is, the Tempe Court Prosecutor. Their job is not to help you get a good outcome, find flaws in their case against you, or try to get your Tempe DUI charges dropped. They work closely with the police to convict you.
Many of the best Tempe AZ DUI Attorneys agree that if you face DUI charges in Tempe AZ, you should retain an Arizona DUI lawyer to defend your case, preferably one who defends DUI charges often in Tempe Court. Without an experienced and qualified DUI attorney, you may be setting yourself up for a swift and harsh DUI conviction. A good DUI defense attorney who defends charges in Tempe, Arizona will fight to make sure your constitutional rights are protected, examine the evidence, build the most solid and effective defense, attempt to get your DUI charges dismissed, reduced or otherwise the best outcome in your case.
For more Arizona criminal defense help, DUI defense help, free DUI defense books, and free DUI and criminal defense videos and many other DUI Defenses that can be used to get your case dismissed, charges reduced, or evidence suppressed visit WWW.arizonacriminaldefenselawyer.com. There you can download three free "Arizona Winning DUI Defense Strategies" © books written by winning defense Attorney James Novak, which includes "101 AZ DUI Defenses" ©.
If you have been arrested for any Tempe DUI other criminal charge, contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).
The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Tempe Arizona and valley wide within Maricopa County.
This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.
Join Our Law Communities