A surprising number of people also think it’s better to just plead
guilty and accept the consequences if they are arrested and charged with
DUI, mostly because they think the evidence against them is overwhelming.
What they may not realize is there are several defense strategies a seasoned
Mesa DUI attorney can employ to fight back against their charges and preserve
their freedom. If you’re considering pleading guilty, here are just
three of these common strategies that are more effective than you might think.
Improper Sobriety Test Protocol
In order to lawfully arrest you and charge you with driving under the influence,
law enforcement must have what is called “probable cause,”
which is essentially an educated belief that a crime has been committed.
Officers establish probable cause through the use of field sobriety tests.
While some of these tests have been standardized, you might be shocked
how often there are mistakes in how they are administered. An improperly-administered
test can lead to a false-positive result, which negates probable cause
and therefore makes your arrest unlawful.
Improper Storage & Testing of Blood Samples
Your body is constantly filtering alcohol out of your system through your
kidneys, and that means officers only have a limited amount of time in
which to collect evidence after making an arrest. Likewise, once the sample
is drawn (either blood or urine), the sample must be properly stored or
else its chemical composition could change, including possibly increasing
the amount of alcohol that registers in a test. Your attorney may request
records as to when and how your test sample was treated, stored, and tested
in order to find any discrepancies that could show any test results were
compromised, which would bar them from being admissible as evidence.
Law enforcement must follow a number of different procedures to the letter
in order to lawfully arrest you and draw an evidence sample. One of these
procedures involves placing you under arrest. When you are arrested, officers
are required to immediately read you your Miranda rights and ensure you
understand what you are and are not permitted to do. If there are any
discrepancies in this process, such as forcing you to submit to a blood
or breath test before reading you these rights, your attorney could have
the evidence barred because an improper procedure means the search that
obtained the evidence was not lawful.
If you have been arrested and charged with DUI, call Naegle & Crider
Criminal Defense Attorneys today at (480) 418-0776 for a