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Learn How To Beat A DUI Charge In Arizona

Beating a DUI charge in Arizona can be challenging and more often than not requires an attorney who has a vast array of experience in defending DUI specific charges. DUI charges and defenses thereof involve very complex legal and factual issues, not just any ol’ “defense attorney will do” to defend Arizona DUI charges

Arizona’s DUI laws are some of the strictest in the nation and the consequences of being found guilty can include substantial fines, loss of your driving privileges, and mandatory jail time even for a first offense. However, there are ample ways to fight the charges. An experienced DUI lawyer will look carefully at the details and circumstances surrounding your case, conduct their defense investigation on your behalf, and build a top-tiered DUI defense unique and specific to your case.

Having an experienced, seasoned Arizona DUI lawyer who knows all the “ins and outs” specific to DUI cases is paramount. The laws associated with and implicated by DUI charges in Arizona can be vast, complicated, and incredibly intricate in detail. Hiring a lawyer who’s experienced in DUI cases in Arizona is the most important decision one can and should make if you want a chance of beating or getting a DUI dissmissed.

Here Are Just a Few Ways That You Can Beat A DUI in AZ:

  1. No Reasonable, Articulable basis for the Stop
  2. Lack of Probable Cause to Arrest You
  3. Illegal Search of You, Your blood and/or breath sample
  4. You were not in Actual Physical Control of the motor vehicle
  5. Incorrectly administered Standardized Field Sobriety Test(s) (“SFSTs”)
  6. Inaccuracies of the investigating officer’s interpretation of your performance on the SFSTs
  7. Medical issues that may have affected your performance on the SFSTs, I.e., poor performance was not the result of impairment
  8. Inconsistent and/or Misleading Statements made by investigating officers
  9. Body Worn Camera video(s) often provide detailed insight into the officer’s investigation beyond what may be contained merely in the officer’s written departmental police report
  10. Expert witness testimony is available to rebut the prosecution’s and/or officer’s assessment
  11. Breathalyzer Blood Alcohol Content (“BAC”) Readings are inaccurate and/or unreliable
  12. The procedures that must be followed when obtaining your alleged BAC results were not strictly adhered to by the test operator(s)
  13. Failure by Test Operator(s) to Conduct Duplicate Testing of Your Breath
  14. Failure to conduct the required “deprivation period” before obtaining your breath sample
  15. The blood draw was not performed correctly
  16. Blood testing results are inaccurate and/or unreliable
  17. Proper Blood Testing Procedures were not adhered to
  18. The Vast Malfunction(s) and Errors that are associated with the Scientific Testing used to produce the alleged BAC results
  19. Failure of the testing analyst to adhere strictly to blood testing procedures
  20. Medications and/or other substances interfered with/affected the accuracy of the BAC results
  21. Contamination of the Blood and/or Breath Sample
  22. Too long of a Delay between the Actual Physical Control of a Motor Vehicle and chemical BAC testing
  23. Failure to Properly Maintain Evidence
  24. Failure to read you your Miranda Rights before in-custody questioning
  25. Prosecution fails to disclose material facts about the case
  26. Inadmissibility of Evidence
  27. Involuntariness of Consent to Draw Your Blood

To Blow Or Not To Blow? That is the Question…

We get this question often and the answer unfortunately depends on each individual case and circumstance(s). However, with that said there are several things you should know before making such an important and often fateful decision:

First, it should be noted, when referring to “blow”, there are two breath-testing devices for alcohol used in Arizona and they are:

  1. The Portable Breath Testing (“PBT”) device often used by the officer in the field, usually while still at the location of the investigation on the side of the road; and,
  2. The Intoxilyzer 8000 and Intoxilyzer 9000 (the 9000 is simply a newer model of the 8000). The “Intoxilyzer” is the breath testing machine that will be at the police station and/or a DUI investigation van.

Arizona law DOES NOT REQUIRE you to provide a breath sample into a Portable Breath Testing (“PBT”) device. Additionally, any results obtained from a PBT is not admissible as evidence (either against you or for you) in Arizona criminal court (often the police officer will even tell you this to get you to provide a PBT sample. They’ll often say something to the effect, “The PBT is no big deal, the result is not even admissible in criminal court.” Don’t ever assume the officer is “looking out for you.”) Now you’re probably asking yourself, “Then why do the police use the PBT at all?” DUI investigators use the PBT merely to aid them (not you!) in establishing that they have sufficient probable cause to arrest you for a suspected DUI. 

Additionally, it often doesn’t matter even if you blow under 0.08, into the PBT, the officer is likely still going to arrest you for suspicion of DUI as YOU CAN GET A DUI in Arizona EVEN IF YOUR BAC IS LESS THAN 0.08%, it’s called, “DUI impaired to the slightest degree.” In Arizona there is no “legal limit” (as in other states, like say BAC over 0.08% for example). In Arizona, it is illegal to be in actual physical control of a motor vehicle while impaired. Additionally, to add insult to injury, if you choose to blow into a PBT and the result comes back indicating a BAC over a 0.15%, your vehicle will be impounded for 20 days at your expense.

There are few if ever any good reasons to blow into a PBT device in Arizona. I often get asked, “If I don’t blow into the PBT, won’t the officer just arrest me?” The short answer is “yes”, however, having been raised by a police officer and around police officers, I cannot tell you how many times I’ve heard them say, “Once I’ve asked a suspect to exit the vehicle, I have already made up my mind to arrest the suspect. Now it’s simply just an issue as to how much evidence I can gather from the suspect voluntarily.” As such, I have surmised, your getting arrested was likely the result anyway regardless of what BAC number is produced by blowing into the PBT device. In my vast experience, blowing into the PBT usually only serves to hurt your defense and rarely, if ever, does providing a breath sample into the PBT help your case in any way whatsoever. If you are going to blow into the PBT (maybe because you have not consumed any alcohol whatsoever), you better be certain that there are no drugs other than alcohol in your system! Whether such drugs are legally prescribed or not. Drugs you are lawfully prescribed by a physician can also result in you being charged with a DUI. Thus, if you are on any prescribed medications, and/or have the presence of illicit drugs in your system, it’s best that you not disclose such to the investigating officer(s) without first speaking with an attorney.

Arizona law DOES REQUIRE that you provide a breath sample into the Intoxilyzer 8000/9000 or face suspension of your Arizona driving privileges, (again, this is the machine at the station, not out on the side of the road). However, with that said, YOU CAN STILL REFUSE to provide a breath sample into the Intoxilyzer 8000/9000 test but such will have consequences to your Arizona driving privileges. 

First-time Refusal: your privilege to drive in Arizona will be suspended for 12 months. 

Second-time Refusal: in a 84 month period, your privilege to drive in Arizona will be suspended for 24 months.

If you get stopped and investigated for a DUI in Arizona, contact experienced Arizona DUI Attorney William Morris immediately.

Lawyer Up: Talk to an experienced Scottsdale, Tempe, Mesa, Chandler DUI lawyer William Morris NOW.

It is critically important to seek legal representation immediately when facing DUI charges in Scottsdale, Tempe, Mesa, and Chandler, Arizona. In such situations, time is of the essence. Consulting an attorney like William L. Morris at the earliest opportunity is crucial for several reasons.

Firstly, early intervention by a skilled DUI lawyer can significantly impact the outcome of your case. An experienced attorney will immediately begin to evaluate the circumstances of your arrest, ensuring that your rights were not violated and that the evidence gathered was done so lawfully. By getting involved early, a lawyer can potentially challenge the validity of the evidence, such as the procedures used during field sobriety tests or the accuracy of breathalyzer tests, which could be pivotal in weakening the prosecution’s case.

Secondly, allowing law enforcement and prosecutors to gather evidence without legal counsel can put you at a severe disadvantage. They are trained to build a strong case against you, and without an attorney, you might inadvertently provide them with additional evidence or statements that could be used against you. An attorney experienced in DUI laws, specifically in Scottsdale, Tempe, Mesa, Chandler, and throughout Arizona, will guide you through the process, ensuring you do not unintentionally compromise your defense.

Furthermore, the complex and specific nature of DUI laws in Arizona necessitates an attorney who is not just experienced in DUI cases, but deeply knowledgeable about local court and prosecutorial practices as they can vary immensely across jurisdictions. Having an attorney like William L. Morris, who is well-versed in these specifics, is invaluable.

Lastly, the fact that William L. Morris is often readily available highlights his commitment to providing accessible, knowledgeable, and experienced legal assistance.

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