The Four Best DUI Defense Strategies Arizona Attorneys Employ
Being charged with DUI in Arizona can lead to serious consequences. The penalties are harsh, even for first-time offenders. A person charged with DUI faces a jail sentence, as well as license suspension. If you are charged with DUI, you will need to call an experienced Arizona DUI attorney immediately. Based on the circumstances and their experience, the lawyer will choose the most adequate and effective best DUI defense strategies.
The Person Was Not in Control of the Vehicle
On occasions, it’s possible for a person who was not operating a vehicle to be charged with DUI.
In some instances, the police will show up late at the scene of an accident. As a result, it may be difficult for officers to identify drivers. Depending on the place where the accident occurred, it could even be impossible to identify the driver even after a thorough analysis.
A person could have started drinking after an accident occurred. This is a situation in which they can’t be charged with DUI. A lawyer should be acquainted with all specifics of the accident to determine whether this line of defense makes sense.
A False Positive Test
Blood alcohol content (BAC) tests aren’t 100 percent accurate. They’ve been known to show false positives due to the manner in which the test was administered, the environmental factors and even the health of the person being charged with DUI.
Several factors could lead to a false positive. Some of the most common ones include:
- Acetone in the breath, especially in the case of diabetics
- The use of mouthwash shortly before being submitted to a breathalyzer test
- Poor calibration of the equipment
- Inexperience in terms of administering the test
- The use of certain medications (topical applications for a toothache, for example)
- Contamination of the sample
- People on a high protein, low carb diet may be hypoglycemic and they could get a false positive just like diabetics
Challenging the BAC test results is a valid line of defense, especially if a person is confident in their sobriety at the time of getting tested.
Police officers have to follow certain regulations whenever they stop drivers on suspicions of driving under the influence.
In Arizona, police officers can pull automobiles over only when there’s reasonable suspicion of a violation. The state has the so-called DUI checkpoints set up for the purpose of testing the sobriety of drivers. Even in this instance, a stop cannot be random. Police officers will need to follow a system like stopping every fourth car, for example.
Other procedures that have to be followed include sticking to a field sobriety test protocol, carrying out an interrogation in the appropriate way and reading a defendant their Miranda Rights. A procedural violation provides the grounds for the case to be dismissed.
Elevated BAC at the Time of Testing
This is one of the best DUI defense strategies that can be used to minimize the sanctions for a driver who has committed a driving under the influence violation.
It’s a well-known fact that the increase of blood alcohol content occurs over a certain period of time. This time period depends on many factors like the gender of the defendant, body weight and the amount of alcohol consumed over a certain period of time.
A person who had a BAC test reading of 0.06 percent at the time they got pulled over may get a reading of 0.1 percent by the time the test is done at the police station. As already mentioned, BAC increases over times and for some people, two to three hours will have to pass for the level of alcohol in the blood to reach its peak.
An attorney can reduce the eventual sentence by proving that the BAC was lower at the time when the driver was pulled over. Only the blood alcohol content while operating a vehicle counts. Thus, a test performed later may be inadequate to prove guilt.