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

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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