Arizona DUI Defense Attorney
Driving Under the Influence Defense
There are several factors that will play a role in proving your innocence, getting your charges dropped or having your DUI case be dismissed.
- If you were not actually driving the vehicle, you cannot be charged with driving under the influence. For instance, if you were sleeping in the vehicle while it was stopped or had given up control of the vehicle to another, sober person, this could be grounds for your case to be invalid.
- If the officer did not have reasonable cause to pull you over, this could result in your case being dismissed. An officer must have observed behavior that gave him or her probable cause to believe that you were driving under the influence.
- Technical malfunctions or improper calibrations in the tests used to determine your BAC can result in the findings being inadmissible in court.
- The failure of the law enforcement officer to give you Miranda warnings (regarding your right to remain silent, etc.) is a violation of your rights and can favorably affect your case.
- Test operator error – if mistakes were made in administering or testing the results of your case, the results may be dismissed.
