If you are facing a DUI in Arizona, you have the right to represent yourself in court. You are allowed to appear in court without a lawyer; and, if you decide to represent yourself in your DUI case, no one is going to stop you.
But, just because you can, this doesn’t mean you should.
There are several serious risks involved with facing a DUI in Arizona. To mitigate these risks, you need to handle your case effectively. If you miss deadlines, miss opportunities to uncover issues with the prosecution’s case, or make any other mistakes that jeopardize your defense, you will almost certainly face consequences that you could—and should—have avoided.
7 Reasons Not to Handle Your DUI Case Yourself in Arizona
Here are seven critical reasons not to handle your DUI case yourself in Arizona:
1. The Stakes Are Too High
First, and perhaps most importantly, the stakes are simply too high. If you are facing a DUI in Arizona, you are facing jail (or prison) time, steep fines, loss of your driver’s license, and a wide range of other consequences. These include not only consequences you can face in court, but also other consequences you can face as a result of having a DUI conviction on your record.
From academic and career consequences to consequences for your parental rights and immigration status, a DUI conviction in Arizona can truly impact all aspects of your life. If you lose your job or lose future job opportunities as a result of your DUI—which is a very real possibility—a conviction could negatively impact your finances for decades to come.
2. You Can’t Bank on the Police or Prosecutors Making Mistakes
When you are facing a DUI in Arizona, you can’t bank on the police or prosecutors making mistakes. While police officers and prosecutors do make mistakes in some cases, they also handle many DUI cases by the book. If the police and prosecutors do everything they need to in order to secure a conviction, it will be up to you to either: (i) convince the judge or jury that the prosecution’s evidence is insufficient; or, (ii) seek a plea deal that mitigates the consequences of your DUI arrest.
3. Even if the Police or Prosecutors Make Mistakes, It Is Up to You to Prove It
But, let’s say the police or prosecutors do make a mistake. For example, let’s say the police fail to read your Miranda rights, or maybe prosecutors withhold exculpatory evidence before trial.
Even in this scenario, it is up to you to prove that your constitutional rights have been violated. If you can’t prove a violation, the judge can’t help you. As a result, if you decide to handle your DUI case yourself, not only will you need to have a comprehensive understanding of how the law protects you, but you will also need to have a comprehensive understanding of what you need to do in order to assert your rights when necessary.
4. You Have the Right to Take Discovery (But You Must Do So Correctly)
In Arizona DUI cases, the discovery process ensures (or is intended to ensure) that there are no surprises at trial. By taking discovery, you can find out what evidence prosecutors have against you, and then you can use this information to make sound and strategic decisions about your defense.
But, here too, it is up to you to do what is necessary. If you don’t timely submit appropriate discovery requests, prosecutors won’t have to share any information about their case. As a result, you won’t know what to expect, and you won’t be able to prepare
5. Failing to Meet Your Obligations Can Jeopardize Your Defense
From appearing in court when required to complying with prosecutors’ discovery requests, failing to meet your obligations during your DUI case can also jeopardize your defense. If you don’t meet your obligations, the judge can impose various sanctions; and, if you don’t show up in court when required, the judge can (and may be forced to) rule against you in your absence.
6. Arizona DUI Cases Are Extremely Complex
If it isn’t already clear, Arizona DUI cases are extremely complex. Along with everything we’ve discussed above, effectively handling a DUI case in Arizona also involves:
- Identifying grounds to file pretrial motions and seek dismissal of your DUI prior to trial;
- Deciding whether to request a jury and going through the jury selection process;
- Relying on experts to question your BAC or field sobriety test results;
- Preparing evidence so that it is admissible in court;
- Deciding whether to testify and preparing for cross-examination by the prosecution;
- Raising objections and preserving issues for appeal in case you get convicted; and,
- Demonstrating that prosecutors have failed to meet their burden of proof under Arizona law.
Even these are just examples. If you are not thoroughly prepared for any of the steps in your DUI case, you will be putting yourself at risk unnecessarily.
When you are facing a DUI in Arizona, mistakes and oversights at any stage of the process can limit your ability to fight your case effectively. While you have the right to handle your DUI case yourself, the reality is that handling an Arizona DUI case effectively requires in-depth knowledge of the relevant legal principles and court procedures—and, practically speaking, this means that you need an experienced DUI defense lawyer on your side.
7. You Need to Fight Your DUI By All Means Available
Finally, to give yourself the best chance of avoiding unnecessary consequences, you need to fight your DUI by all means available. This means identifying all viable defenses and evaluating all potential defense strategies. Unless you are already intimately familiar with Arizona’s DUI laws and the constitutional protections that apply in DUI cases, this will also require experienced legal representation.
Discuss Your Case with an Experienced Phoenix DUI Defense Lawyer for Free
If you are facing a DUI in Arizona and are considering handling your case yourself, we strongly encourage you to contact us before you make any decisions. To discuss your case with an experienced Phoenix DUI defense lawyer for free, call 480-493-0387 or tell us how we can reach you online now.