Phoenix DUI Lawyer Blog

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 police did not have a justified reasonable suspicion, then your Phoenix DUI lawyer has a compelling legal argument to press for dismissal of your Phoenix, AZ DUI charges.

Phoenix DUI
This is just one of many factors a Phoenix DUI lawyer will examine and challenge in your Phoenix DUI defense. But you will not get that benefit without a good Phoenix DUI criminal defense or Phoenix DUI lawyer. DUI Charges in Phoenix AZ are serious, and carry some of the harshest penalties in the country. If you were charged or arrested for a Phoenix DUI you will need an experienced Phoenix DUI Attorney or an Arizona Attorney who defends charges frequently in the Arizona courts, to defend your Phoenix DUI charges. 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:

Top DUI Defenses

ILLEGAL STOP OF PERSON OR VEHICLE - Were you legally stopped by the Phoenix 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 Phoenix DUI charges. The means 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 driving intoxicated.

CHANGING LANES WITHOUT A SIGNAL AS A BASIS FOR A STOP - Did the Phoenix police stop you because you failed to use your turn signal?

Rule of thumb, you should always use your turn signal. However, an argument could be made that the stop was illegal because no other traffic existed, involved a remote area, or no other traffic was affected by your turn without using a turn signal. The Phoenix police and prosecution will argue that you are required to signal if there is other traffic nearby. Most DUI arrests occur late at night and very often the police car is the only vehicle even within sight distance of the driver. The Arizona Law reads as follows:

A.R.S. 28-754. Turning movements and required signals: "A person shall not so turn any vehicle without giving an appropriate signal in the manner provided by this article in the event any other traffic may be affected by the movement."

THE OFFICER DID NOT HAVE PROBABLE CAUSE TO MAKE THE ARREST-Was there probable cause for the Phoenix police officer to arrest you?

The burden on the Phoenix AZ 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 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, this is another compelling argument that may be presented by your Phoenix DUI lawyer in an attempt to dismiss the Phoenix DUI charges.

Phoenix DUI Lawyers
Attempt to go through the criminal justice process or Phoenix Court unrepresented by a good Phoenix DUI lawyer or criminal defense attorney, is simply putting your life, hope and future into the hands of the person wanting to convict you, the prosecutor. That's their job. Many of the best Arizona DUI Attorneys agree that if you face Arizona DUI charges, you will need to retain an Arizona DUI lawyer to defend your case. This is not something you want to defend alone, without the qualified defense of an experienced DUI attorney. A good DUI lawyer in Arizona will fight to make sure your constitutional rights are protected, examine the evidence, build the most solid and effective defense possible, attempt to get your DUI charges dismissed, reduced or otherwise the best outcome in your case.