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Top 5 DUI Defenses Against DUI Charges

DUI charges are punishments for operating a motor vehicle while under the influence of alcohol or drugs. If a person is convicted of DUI, they can be fined, placed on probation, or sentenced to jail. However, this does not have to happen. You can engage the services of a family law attorney in Mesa who will fight for you and find a way to get a DUI charge reduced or even dropped.

In many jurisdictions around the world, DUIs often lead to fines and are treated as criminal misdemeanors. What typically follows is either “mandatory arrest,” “warrant for arrest,” or some type of “license suspension.”One of the most widespread myths about a DUI is that it’s not easy to escape the charge in case you fail any of the field sobriety tests (FST) or a breathalyzer. This is why it’s important to have a good attorney who will fight your case in order to get the best possible outcome for you and your family. Any experienced attorney will first focus on answering the five following questions:

  1. Were There Inaccuracies in the Blood or Breath Testing Device?
  2. Were You Denied Your Right to Counsel?
  3. Were You In Actual Physical Control of Your Vehicle?
  4. Was There Probable Cause for Your Arrest?
  5. Was There Reasonable Suspicion for the Stop?

These questions are important because the prosecution will try to present their case by showing that their evidence exists to support a reasonable suspicion of DUI.

However, each state imposes its penalties for DUI violations. In some states, it is a misdemeanor, while in others, it is a felony. An experienced attorney will assist you in understanding the laws of your state and the penalties for an offense. It is also critical because an experienced DUI attorney will ask these questions during negotiations with the prosecutor (in consultation with you) and then attempt to negotiate a favorable outcome for you. Let’s take a look at some top-five defenses against a DUI charge:

Probable Cause to stop you

To pull you over and give you a DUI, an arresting officer has to have probable cause that you’ve been driving or are currently driving under the influence of alcohol. Probable cause means that an officer must believe that there is enough evidence to establish reasonable grounds for mandatory arrest. What constitutes probable cause for DUI charges? This will depend on where you live and who made the arrest, but in general, probable cause is based on observations by the arresting officer, which support the conclusion that you are under the influence. In other words, probable cause for DUI charges has to be based on more than just a feeling that an officer has.

No Reasonable Suspicion

The most common way for a defense attorney to prove that the arresting officer did not have reasonable suspicion is to present evidence that there was no basis for him to make the initial stop. This means that even if an officer had probable cause to pull you over, he didn’t have any reason to suspect you were intoxicated and make the stop based on suspicion of drunk driving rather than some other offense or violation. Therefore, an officer has to provide evidence that he had reasonable doubt that you were under the influence of alcohol and not just a feeling.

Denied Right To Councel

If you’ve been arrested for a DUI offense and your rights have been violated during the arrest, there is a possibility that the case may be dismissed. Although this is rare, there are certain extenuating circumstances in which you can argue that you were denied your right to counsel during questioning by police or at other times of detention. If this is so,then an attorney needs to work with you to assess the strength of your case and fight on your behalf as soon as possible.

Inaccuracy in Blood Test Device

Proper operation of a blood-testing device is essential in DUI cases. If the machine is outdated or not working correctly, then it’s possible that the test results could be inaccurate.
So if you’ve been arrested for drunk driving, you need to know that the blood-testing device was accurate. Therefore, you have the right to call an expert witness who will examine the results and testify as to whether the machine was correct or not. Facts surrounding proper operation and calibration of the device are important to an attorney because they determine the course of action after a DUI charge.

Not in Actual Physical Control of Your Car

This defense is commonly used if you were found in a car that is parked at the time of the arrest. A case can be made that you were not in actual physical control of your vehicle at the time of the arrest. You may have been asleep or unconscious, or you may have been a passenger in someone else’s car but had permission to be there. Don’t assume that the officer was correct in believing that you were driving when he stopped your vehicle. In such times it is advised not to make any statements until you have spoken with a skilled attorney.

If you’re facing a DUI charge, it’s important to contact an experienced attorney who knows how to investigate charges and build your defense. A DUI attorney can do this for you by preparing a proper set of facts for the prosecution, questioning law enforcement officers at trial, calling witnesses on your behalf, and presenting any other evidence that may help your case. You can visit us at, and we will be ready to assist you in case of any DUI charges.

Jensen Family Law,
3740 E Southern Ave Suite 210
Mesa AZ 85206,
(480) 999-2321

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Jensen Family Law in Mesa is located on 3740 E Southern Ave Suite 210, 85206 Mesa, Arizona. From Phoenix Sky Harbor International Airport (PHX), Take S 41st St to E Sky Harbor Blvd, then Head west on E Sky Harbor Blvd and Use the left lane to take the exit toward S 41st St. Then Turn right onto S 41st St. After that, Continue straight to stay on S 41st St, then Take AZ-202 Loop E, AZ-101 Loop S and US-60 E to S Val Vista Dr in Mesa. Take exit 184 from US-60 E after that Merge onto E Sky Harbor Blvd, then Use the left 2 lanes to merge onto AZ-202 Loop E toward Tempe/Mesa and Use the right 3 lanes to take exit 9 to Merge onto AZ-101 Loop S. After that, Use the right 2 lanes to take exit 55A-B to merge onto US-60 E toward Globe, then Take exit 184 for Val Vista Dr. Then Continue on S Val Vista Dr to your destination and Turn left onto S Val Vista Dr. Turn right onto E Southern Ave, then Turn left and Destination will be on the right.

We’re open 9AM – 5PM Monday – Friday and we are closed on Saturday and Sunday.

For additional questions you can call us at (480) 999-2321 ro you can find us on Yelp.