Thanks to viral videos, urban legends, and Hollywood’s imagination, myths regarding DUI charges abound. Unfortunately for those who actually find themselves on the wrong side of the law, falling for any such myths could prove disastrous to their defense.
If you’ve been charged with driving under the influence, don’t jeopardize your case by acting on one of these common misconceptions:
You Can Only Be Convicted If You Were Caught in the Act
In the past, prosecutors had to prove impairment at the time of driving. They usually did so by referring to the results of the breath test conducted at the scene, prior to the suspect’s arrest.
Today, there is no such requirement. In the state of Arizona, motorists can be prosecuted for driving under the influence if they are deemed to have been impaired or driving above the legal limit within two hours of getting behind the wheel.
In other words, police don’t actually have to witness drunk driving to make a DUI arrest. As long as they suspect impairment and evidence indicates the individual operated a vehicle within the past two hours, they can proceed with an arrest. As such, defenses based solely on the fact that the suspect wasn’t caught “in the act” generally don’t hold up in court.
However- there are defenses here that we can use to fight your case. It needs to be done right, but a skilled defense attorney can see the holes in the case that will scare a prosecutor. We used to be the prosecutors. What matters to them is an issue that they know could kill the case at trial. While the officer can arrest you and the prosecutor can charge and pursue the case, that doesn’t mean the jury will convict you. Especially with the right attorney who knows who to win DUI cases.
You Cannot Be Convicted If Your BAC Was Under the Legal Limit
In Arizona, it is illegal to drive with a BAC of 0.08 or higher. It is also illegal, however, to be in physical possession of a vehicle when you are “impaired to the slightest degree.” That means you could face charges even if your BAC is less than 0.08.
As long as police have reason to believe you’re unfit to drive, they may proceed with an arrest. And depending on the strength of the evidence they gather against you, a conviction could result.
This shocks some people. And depending on which jurisdiction arrested you, more aggressive prosecutors will try to convict you of DUI.
But we can fight and win these cases. More defendants Druneed to take a strong stand and refuse to accept a DUI conviction. It takes a strong criminal defense attorney to avoid a DUI conviction in these circumstances. It is important to hire an attorney that the prosecutors know will not let them get away this and will fight them, tooth and nail to trial. Prosecutors know which defense attorneys will tell every client to take a plea, even if they have a shot at trial. Those attorneys are not at Grand Canyon Law Group, and the prosecutors know it. After all, we are former prosecutors who used to work with those guys.
You Cannot Challenge the Evidence Against You
When facing DUI charges, it is natural to feel powerless, especially if you failed the breath or blood test, field sobriety tests, and even made terribly incriminating statements. Regardless of how strong the evidence against you may be, though, it is worth consulting the skilled attorneys at Grand Canyon Law Group.
Perhaps the police department failed to calibrate the breathalyzer correctly before administering the test, or maybe police didn’t have reasonable suspicion to pull you over in the first place, or they violated your right to counsel, in which case the evidence they gathered might not be admissible in court.
The results of field sobriety tests (FSTs) are also notoriously unreliable. Not only are they highly subjective, but failing them also is not necessarily indicative of impairment. People can fail FSTs for a variety of reasons, from mobility issues to vision problems.
Speak with a Criminal Defense Attorney in Arizona
If you have been charged with DUI, contact Grand Canyon Law Group for help devising your defense. Former DUI prosecutors Ryan McPhie and David Lish, know what it takes to fight criminal charges. Call us today at 480-771-7977 or use our Online Contact Form to set up a free consultation with a criminal defense lawyer in Arizona. Unlike most firms, you will speak to a lawyer about your case, not a legal salesman. Get answers and start on a proactive and smart defense.