In Arizona, it can be a challenge to get a DUI charge dismissed, especially since the state has some of the strictest DUI laws in the country. However, it is not impossible to have an Arizona DUI dismissed with the help of a DUI attorney from Lerner and Rowe Law Group.
If you’ve been charged with a DUI in Arizona and are curious about the DUI dismissal process, here’s what you may expect.
Related topic: DUI Case Results
Can I Get an Arizona DUI Dismissed?
With the help of an Arizona DUI lawyer, it’s possible to get a DUI charge dismissed. Generally, Arizona law states that a DUI cannot be dismissed unless the evidence is insufficient to support a conviction. However, there are multiple ways to beat a DUI so it is essential to speak with a criminal defense attorney close to you about the specifics of your case, because every DUI case is different. However, here are some circumstances that can lead to a DUI dismissal in Arizona.
- Illegal or Unconstitutional Traffic Stop: A police officer must have probable cause a crime is being committed or reasonable suspicion a traffic law was violated in order to legally stop a vehicle. A DUI lawyer can file a motion to suppress any evidence gathered as a consequence of an illegal traffic stop. The suppressed evidence could include any chemical test results and any field sobriety tests you may have taken may be included in this.
- Chemical Test Errors: An experienced DUI lawyer will always look to contest the validity of the tests used to calculate a person’s blood alcohol content (BAC). Your lawyer may question whether the Breathalyzer device received the necessary upkeep and calibration. Other ways your lawyer can check for DUI blood sample errors include seeing if the person who collected your blood sample was a certified phlebotomist, blood samples were tainted, and samples were stored improperly.
- No Proof You Were Driving the Vehicle: The “totality of the circumstances” is what determines whether you were in “actual physical control.” DUI defenses based on lack of genuine physical control may be successful. An example would be where there is a single vehicle accident and the driver exits the vehicle afterwards and there is no witness, including a police officer, who saw the person driving. In cases like this, the prosecution may not be able to establish “beyond a reasonable doubt” the driver or really operating a vehicle when the alleged DUI occurred.
Can I Get DUI Charges Reduced?
Every DUI case is unique, both in terms of the evidence and the events leading up to the arrest. Which means that in some cases, a DUI can be reduced to a charge of reckless driving. An experienced lawyer knows what to look for in a police report and what details and facts need to be argued to the prosecutor in order to have charges reduced. Relevant facts can include a person’s BAC, suppression and pretrial issues, right to counsel or Miranda violations, and the overall difficulties for the prosecution to prove its case beyond a reasonable doubt.
Ultimately, a reckless driving resolution can reduce DUI penalties by:
- Eliminating jail time
- Removing the requirement for an ignition interlock
- Reducing the overall costs of a conviction
You do need to keep in mind though that a reckless driving conviction does not eliminate all penalties. You will still receive 8 points on your driving record, the same as a DUI.
Looking for Arizona DUI Dismissal? Call Lerner and Rowe Law Group
If you’ve been convicted of a DUI and believe the circumstances of your case might lead to a dismissal, contact Lerner and Rowe Law Group today. Our Arizona DUI lawyers have the experience and know-how to thoroughly review the facts of your case to help determine the best possible outcome. We offer affordable and flexible payment plans on a case-by-case basis.
Ready to talk to a DUI attorney in Arizona? Schedule a free consultation by calling us 602-667-7777, using our LiveChat, or by filling out our form.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.