Defenses for a DUI in Arizona – Part II
As we discussed last week, driving under the influence in Arizona carries some serious consequences. Todd K Coolidge utilizes a number of statutory and constitutional defenses when preparing for your case in Tempe, Phoenix, Queen Creek, Chandler and the rest of Arizona. Find the first segment of this blog post including some key defenses here, once you have, continue learning about defenses for DUI in Arizona below.
4. Violation of the Right to Counsel
Guaranteed by the 6th amendment to the U.S. Constitution, all criminal defendants have the right to counsel by an attorney. When facing potential DUI charges, a person has the right to speak with an attorney BEFORE consenting to a urine, blood or breath test – as long as it does not interfere with the police investigation. Todd Coolidge is always available, 7 days a week, 24 hours a day to receive calls from a DUI van or jail. If the officer does not allow you to speak to an attorney, the DUI may be dismissed and the tests can be suppressed.
5. No Actual Physical Control (APC) of Vehicle
The DUI laws in Arizona are so extreme that a person may be arrested even if they are not operating a motor vehicle. You can be charged with DUI if the arresting officer can show evidence that you were in “actual physical control” of a vehicle. Todd Coolidge, Certified Criminal Law Specialist, is familiar with the parameters of the law in regards to the area of actual physical control.
6. Denial of the ability to gather exculpatory evidence (Independent Test)
The evidence in DUI cases is always the drugs or alcohol inside a person’s body. By definition that evidence is being eroded and destroyed over time. Everyone has the right to gather independent evidence. Including being released to get an independent urine or blood test, taking photos of the crime scene, getting your temperature taken, and recording how you walk or talk. If those rights are tampered with, the evidence or entire case may be dismissed.
7. No Corpus Delicti
This simply means that the State needs more than just a person’s admission or statement to achieve a conviction. This defense typically arises in DUI cases when there are no witnesses indicating who was driving the vehicle.
8. Blood, breath or urine test taken outside of 2 hours
Contact Todd Coolidge immediately (24/7) if you are facing DUI charges. It can make a world of difference to have a Certified Criminal Law Specialist in your corner.
Images used under creative commons license – commercial use (12/11/2015) Marnin Somerman(Flickr)