DUI (Driving Under the Influence) is a serious offense in Scottsdale, Arizona, and is punishable with severe consequences. In order to protect your rights and minimize the consequences associated with a DUI conviction, it is important to understand the DUI defense strategies available in Scottsdale. This article will outline some of the potential Scottsdale Arizona DUI defense strategies that can be used to fight a DUI charge.
Elements of a DUI Offense
In order to successfully defend against a DUI charge, it is important to understand the elements of a DUI offense and how they must be proven by the state in order to secure a conviction. In Scottsdale, Arizona, the elements of a DUI offense are:
1. Operating a motor vehicle while impaired by alcohol or drugs;
2. Operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher; and
3. Operating a motor vehicle with a BAC of 0.04% or higher, if the driver is operating a commercial motor vehicle.
Common DUI Defenses
There are a variety of defenses available in Scottsdale, Arizona, that can be used to fight a DUI charge. Some of the most common defenses include:
1. Lack of Probable Cause: If the officer did not have probable cause to stop or arrest you for DUI, then the case can be dismissed.
2. Unreliable Test Results: If the results of a breathalyzer or blood test are unreliable, then the charges could be dropped.
3. Improper Administration of Tests: If the officer did not properly administer the tests, then the results may be thrown out.
4. Prescription Medication: If the driver was taking a legally prescribed medication at the time of the offense, then the charges may be dismissed.
5. Illegal Search and Seizure: If the officer conducted an illegal search and seizure, then the evidence may be suppressed.
DUI charges are serious offenses in Scottsdale, Arizona. In order to protect your rights and minimize the consequences associated with a DUI conviction, it is important to understand the DUI defense strategies available in Scottsdale. This article has outlined some of the potential Scottsdale Arizona DUI defense strategies that can be used to fight a DUI charge.
If you have been charged with a DUI in Scottsdale, Arizona, it is important to seek the advice of an experienced DUI defense attorney. An experienced attorney can review the facts of your case and advise you of the best course of action.
1. Arizona Department of Transportation, “DUI/DWI in Arizona.”
2. Arizona Supreme Court, “DUI in Arizona: Understanding Your Rights.”
3. Law Offices of Randall J. Craig, “5 DUI Defense Strategies in Arizona.”
Additional References: https://arjashahlaw.com/scottsdale-dui-lawyer/