No one saw me driving - Can I still get a DUI?

by Aaron Black • September 14, 2012

If you have recently been arrested for a DUI in Phoenix, Arizona and no one saw you driving there may be a very good defense to your case. This typically occurs when there is a single car accident, a police officer arrives, and finds someone he suspects of DUI outside the car.

Think about it:

  • How will the prosecutor prove to a jury you were the DUI driver? 
  • How can the prove when the driving stopped? (BAC must be over a .08 within 2 hours of driving)
  • How can they prove the drinking did not happen after the accident/stop?

If you are being investigated by the police for a DUI in Phoenix, Arizona always invoke your right to remain silent. Many people do not do this, and they admit to the police that they drove the car. This admission can be used against you in court. However, if there is no other independent proof that you were the DUI driver there is a likelihood your case can get dismissed during trial. This is called Corpus Delicti.

Corpus Delicti is Latin for "body of the crime." It essentially means your words cannot be used to convict you if there is no independent proof you committed the crime.

If you have been arrested for DUI in Phoenix and no one saw you driving - call Aaron Black. There is a great defense to your case that may result is a dismissal or reduced charges.

Aaron Black is a Phoenix Criminal DUI Defense Lawyer and one of the leading trial attorneys in Arizona. Aaron Black. Aaron Black is recognized as a 2012 Super Lawyer Rising Star in Criminal Defense (Top 2.5% of lawyers under 40 in Arizona and New Mexico). He is rated 10/10 on, and is rated by Martindale-Hubbell as an AV Preeminent Lawyer (the highest level of professional excellence).

In light of the Coronavirus pandemic, I wanted to inform clients and potential clients I am still available for consultations. I am always available by phone, text and/or email. We can also use Facetime for social distancing. The criminal justice system is not stopping due to COVID-19.

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