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 AVVO.com, and is rated by Martindale-Hubbell as an AV Preeminent Lawyer (the highest level of professional excellence).

About the Author

Aaron Black is the founder and sole attorney of the Law Office of Aaron Black. Located in Phoenix, Arizona, his DUI and criminal defense law firm provides legal services to people who have received felony or misdemeanor charges from the state.

Aaron has developed a strong interest in defending people who have been arrested and received criminal charges for driving under the influence. With his professionalism and knowledge of Arizona DUI and criminal law, he has acted as a check and balance on the police, prosecution and courts and has protected a great number of his clients from excessive and unfair sentencing.

Along with DUI defense, Aaron handles a range of other criminal matters, including aggravated assault, burglary, domestic violence, drug possession, drug trafficking, fraud defense, insurance fraud, sex crimes and white-collar crime.

After graduating college in 2003 from the University of Arizona, Aaron decided to pursue a law degree. He followed a family long tradition and went to the University of South Dakota School of Law where he pursued his goal of becoming a criminal defense lawyer.

After passing the Arizona and South Dakota bar exams, Aaron joined the Maricopa County Office of the Public Defender where he defended hundreds of people charged with serious criminal offenses. His work as a public defender helped him sharpen his litigation skills and gave him a unique insight into the Arizona criminal justice system.

Over the course of his 15-year legal career, Aaron has spent a considerable amount of time in both Arizona justice, municipal, state and federal courts. He has argued over 50 jury trials, tried over 100 bench trials and has become one of the highest-rated criminal and DUI defense attorneys in Phoenix and the surrounding areas. He has received a 10/10 rating from the legal directory Avvo because of his legal background and successful case record. Since 2014, he has received the Super Lawyer rating for his work as a Phoenix DUI and criminal defense attorney.

You can review Aaron’s Attorney Bio page for more information about his background, education and experience as a Phoenix DUI and criminal defense attorney.
 
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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