"An experienced DUI defense Attorney will strategically choose the appropriate defenses based the particular circumstances surrounding your Phoenix DUI charges and arrest."
Arizona DUI Arrest
If you were arrested in Phoenix AZ for DUI, you should consult a Phoenix DUI Attorney or criminal attorney as soon as possible. Most qualified Phoenix criminal attorneys and DUI defense attorney who defend DUI charges in Phoenix AZ provide free consultations. You will get helpful information about your charges, potential sentencing, and defense options.
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.
From a defense standpoint, your Arizona DUI Attorney may be able to get your Arizona DUI dismissed by using one, more or a combination of 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 therefore 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 DUI or other investigation or questioning.
Probable Cause for Arrest
Probable cause means the police need to have actual evidence and facts including but not limited to such evidence as field sobriety tests, breath tests, and/or chemical tests results based 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 Phoenix judge and Court need to hear this actual evidence and the specifics that led to your Phoenix arrest. Assumptions, accusations, opinions, biased unsubstantiated conclusions, and evidence that can not be measured is not acceptable or probable cause for an arrest. A good private practice Arizona DUI defense attorney will investigate to determine if the police in fact had such enough evidence to meet this standard. If not, a good Phoenix DUI defense Attorney will aggressively challenge the arrest and present compelling arguments, file motions, and take the legal and assertive actions necessary to get your DUI charges dismissed.
Phoenix DUI Penalties
The Arizona State Laws apply to DUI Charges in Phoenix AZ, and all counties in Arizona. A 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, probation, counseling, and any other penalties the Phoenix AZ court deems necessary. The sentencing is based a based on a host of factors including but not limited to criminal history; first time or repeat offense; misdemeanor DUI or felony DUI; aggravated factors surrounding the DUI including DUI with accident or injury, drunk driving with a person aged 15 or younger; other offenses charged at the time of the DUI arrest, and other factors.
Arizona DUI - Defenses
It is important to distinguish the fact that an Arizona DUI charge is not a conviction. You can challenge your DUI charges. This is best done utilizing a good DUI defense Lawyer in Arizona you can fight your charges, 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.
Defense strategies are determined by your qualified Arizona DUI Attorney who will be defending your case. An experienced DUI defense Attorney will strategically choose the appropriate defenses based the particular circumstances surrounding your Phoenix DUI charges and arrest. Your Arizona DUI lawyer will present it with compelling arguments to the judge, Phoenix Court, prosecution through the proper legal channels and criminal justice system.
DUI Defense Attorney Arizona and the Criminal Justice System
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.