How do you beat a DUI in Arizona? If you are asking this question, you are not alone. Police departments across Arizona are prioritizing drunk driving enforcement; and, for those who get arrested, facing a DUI charge means facing fines, jail time, and other steep penalties.
Beating a DUI charge starts with understanding the facts of your case. Every DUI case is unique, and this means that every DUI case presents different risks and opportunities. While beating a DUI charge is a realistic possibility in some cases, others are far more likely to result in a guilty verdict. In these cases, defendants will need to consider the options they have available.
5 Ways to Beat a DUI Charge in Arizona
Assuming the facts are in your favor, how can you beat a DUI charge in Arizona? Here are five ways an experienced Phoenix DUI lawyer can help you fight your DUI charge—whether before or during the trial:
1. Show that the Police Violated Your Rights
One way to beat a DUI in Arizona is by showing that the police violated your rights. If the police violated your rights, any evidence they obtained as a result of the violation may be inadmissible in court. If the government’s evidence is inadmissible in court, this means that prosecutors won’t be able to use it against you—and this means that they won’t be able to meet their burden of proof.
Some examples of violations that may entitle you to have evidence withheld from your DUI trial include:
- Pulling you over without reasonable suspicion
- Arresting you without probable cause
- Failing to explain your rights and obligations under Arizona’s implied consent law
- Failing to read your Miranda rights
But, these violations won’t necessarily entitle you to have all of the government’s evidence withheld from your trial. For example, if the police violated your Miranda rights but otherwise complied with the law, then any evidence they secured before the violation may still be admissible in court. As a result, depending on the circumstances of your case, you may still need to assert other defenses to beat your DUI even if you can prove that the police violated your rights.
2. Show that Prosecutors Violated Your Rights
Another way to beat a DUI in Arizona is by showing that prosecutors violated your rights. Prosecutors can violate your rights at any stage of your case, from withholding exculpatory evidence before trial to misrepresenting the facts of your case in court. If prosecutors violate your rights, this can render the judicial process fundamentally unfair—and this can entitle you to a dismissal.
Proving that prosecutors violated your rights is not easy, and judges will not dismiss charges based on unsubstantiated allegations of prosecutorial misconduct. But, if you and your lawyer can prove that prosecutors have compromised the fairness of your trial, then the only just outcome may be to resolve your case without a verdict.
3. Raise Issues with the Reliability or Relevance of the Prosecution’s Evidence
Along with violations of your rights, various other issues can render the prosecution’s evidence inadmissible in court as well. Additionally, even if the prosecution’s evidence is admissible, you may still be able to get your DUI charge dismissed by showing that the prosecution’s evidence is either unreliable or irrelevant to the allegations that you were driving under the influence.
For example, let’s say you took the field sobriety tests (FSTs) during your DUI stop. You weren’t required to take the FSTs, but maybe you didn’t realize that you could refuse, or maybe you thought you wouldn’t have any trouble passing them. If you “failed” the FSTs and prosecutors are planning to use your “failure” against you, you may be able to challenge the reliability or relevance of your FST results by showing that:
- The arresting officer failed to adequately explain the testing process
- Your shoes or the walking surface made it difficult for you to maintain your balance
- The lighting or weather conditions made it difficult for you to pass the tests
- You have a medical condition that affects your balance
Similarly, if you took the breathalyzer (which is generally required under Arizona law), you may have various grounds to challenge the reliability or relevance of your blood alcohol concentration (BAC) reading. These could include:
- The arresting officer failed to adequately explain the testing process
- The breathalyzer device wasn’t properly calibrated
- Your BAC rose between the time of your traffic stop and the time you took the breathalyzer
- You have a medical condition that affects your BAC
Again, these are just examples. When you hire an experienced Phoenix DUI lawyer to represent you, your lawyer will examine all potential grounds for challenging the prosecution’s evidence in court.
4. Raise Questions About Specific Elements of the Prosecution’s Case
In addition to raising questions about the prosecution’s evidence, you may also be able to beat your DUI by raising questions about specific elements of the prosecution’s case. Were you behind the wheel of a “vehicle”? Were you in “actual physical control” of your vehicle? Even if you were under the influence at the time of your arrest, these types of issues could still entitle you to a dismissal.
5. Prove that You Weren’t Driving Under the Influence
Of course, if you weren’t under the influence at the time of your arrest, then you do not deserve to face the life-altering consequences of a DUI conviction. While the prosecution has the burden of proof, if you can prove that you are innocent, you have every right to do so. An experienced Phoenix DUI lawyer will be able to determine what evidence he or she can use to prove your innocence, and then your lawyer will be able to use this evidence to help you fight your DUI charge.
Discuss Your Case with an Experienced Phoenix DUI Lawyer for Free
Do you need to know more about your options for fighting a DUI charge in Arizona? If so, we encourage you to contact us promptly. To discuss your case with an experienced Phoenix DUI lawyer for free, call 480-897-8737 or request a consultation online today.
