What Are The Defenses For DUI In Arizona?

by Aaron Black • December 23, 2011

Arizona has some of the most severe penalties for DUI in the country. It is not a defense to drive while under the influence even if your life is in danger.

Imagine you are sitting at home one night after a long day of work. You pour yourself a few drinks and relax. All of a sudden an armed intruder crashed through your window. You see a gun in his hand. You immediately run out of your house and speed away to safety in your car. Officer Smith sees you speeding and pulls you over. He smells alcohol, notices bloodshot watery eyes, and your speech is slurred. You plead with him you need help because an intruder just broke into your house. Officer Smith sends another officer to your house. The intruder is arrested. However, Officer Smith arrests you too! This is a valid DUI arrest in Arizona. Necessity to drive due to the immediate fear of death is not a defense.

So, how do you defend your DUI? Some possible defenses are:

  • No probable cause to arrest
  • No actual physical control of the vehicle
  • No reasonable suspicion to stop
  • Police denied you the right to counsel
  • BAC below a .08% at the time of driving
  • Miranda Rights violation
  • Illegal blood draw
  • Contaminated blood draw
  • Misleading police reports

It takes an experienced and aggressive Phoenix DUI Lawyer to evaluate each of these issues. Though it may seem there is not a defense to your BAC of .232%, there are many possible defenses that may be exposed in a thorough investigation. When your liberty is at risk you need all the help you can get.

Call the Law Office of Aaron M. Black, pllc for a free DUI case consultation at 480-729-1683

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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