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Arizona DUI Defenses - Lack of Actual Control


This is the first blog in a series of many where I am going to highlight some of the most common Arizona DUI defense strategies and what DUI attorneys look for when they take on an Arizona DUI case.

A lot of people don’t think hiring an Arizona DUI attorney will help because they feel like there is no defense for them. These people believe they are victim to the system and will get the same punishments and fees whether they have an Arizona DUI attorney or not. In my experience, this is simply not the case and DUI attorneys can make sure that your case isn’t a simple “conviction” for the State. You have rights that must be protected throughout the entire process and your case, like all other criminal cases, must be proved without reasonable doubt.

There are a number of DUI defense strategies that can work for even the most typical of cases. Today, let’s take a look at the “lack of actual, physical control” DUI defense. Remember that any one of these Arizona DUI defense strategies discussed on this blog may or may not work with your case. Meet with an Arizona DUI Attorney to review the specifics of your case and what defense strategies may apply to you.

Arizona DUI Defenses – Lack of Actual Control

In Arizona, prosecutors must prove beyond any reasonable doubt that an individual was driving, or was in actual physical control of the vehicle at the time they were approached by police. In some cases, if there is no witness to testify that it was the person arrested for a DUI who was driving, they may not be able to prove this. Also, if a person was simply using the vehicle for shelter or if the car was not in motion when the police spotted it and the driver voluntarily pulled over on his own choice prior to police getting to the scene, there are no witnesses that the person was in control while intoxicated.

Other Arizona DUI Defenses Include:

  • No reasonable suspicion to stop.
  • No probable cause for arrest.
  • Faulty field testing.
  • Denial of right to counsel.
  • Violation of Miranda warnings.
  • Denial of independent tests.
  • Retrograde.

Check back soon for more on these other possible Arizona DUI defenses.

If you need to speak to an attorney about the issues related to an Arizona DUI arrest, call now for a free, 24/7 DUI consultation with Mesa DUI Attorney, Charlie Naegle. When you hire Naegle & Crider Criminal Defense Attorneys, you work directly with Charlie Naegle. Work with a firm who treats you like an individual, not a number. Call 480-245-5550 for immediate service, or use the form below and someone from the firm will be in touch with you shortly.

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