07 Dec Defenses for a DUI in Arizona – Part I
Being convicted of driving under the influence (DUI) in Arizona will almost undoubtedly result in severe consequences. Arizona does not fool around when it comes to intoxicated drivers, as this state has some of the toughest DUI laws in the entire country. Whether you were charged in Phoenix, Chandler, Tempe or anywhere else in the Valley of the Sun, you are climbing an uphill battle when facing these charges. With the aid of an experienced Certified Criminal Law Specialist in Todd Coolidge, you have a much improved chance to fight DUI charges in Arizona. The following is a brief list of some of the defenses that can help you avoid a conviction.
1. No Reasonable Suspicion to Stop
An officer is only legally allowed to make a stop for a suspected DUI in Arizona if there is a traffic violation or enough to support articulable reasonable suspicion of criminal activities. If there is no clear reason for the police officer to make the traffic stop, Todd Coolidge may file a motion to suppress. If there was no reasonable suspicion, all evidence after that point will no longer be permissible.
2. No Probable Cause to Arrest
The requirement of probable cause comes from the Fourth Amendment of the Constitution. It refers to a requirement in criminal cases that officers must have adequate reason if they are to arrest you, seize your property, or conduct a search relating to an alleged crime without a warrant. In the case of DUI charges, police must have objective facts that indicate drug or alcohol impairment. If they do not, Todd Coolidge will motion to suppress, and if the Court accepts that motion, all evidence after the arrest will be suppressed.
3. Violation of Miranda Rights
Once arrested for DUI, the officer must explain to the individual their rights. If it is found that the arresting officer gained evidence in violation of a citizen’s Miranda Rights, those statements can be suppressed.
In our next article we will discuss more effective defenses for DUI in Arizona. Are you facing DUI charges? Don’t hold off any longer! Contact Todd Coolidge today to ensure your freedom and liberty are in the right hands.
Images used under creative commons license – commercial use (12/7/2015) versageek (Flickr)