Arizona DUI ATTORNEY

(480) 833-8613

Former Police Officer                                   

Former DUI Prosecutor

Twenty Years DUI Criminal & Defense  

With football, the holidays and the height of our tourist season quickly approaching, police in Tempe, Phoenix, Scottsdale and surrounding cities will be increasing patrols aimed at locating, investigating and arresting drivers who are suspected to be impaired by drugs or alcohol.  Undoubtedly, Arizona imposes some of the harshest penalties in the country upon people who are convicted of DUI, Extreme DUI or Super Extreme DUI.  

While DUI charges are difficult to defend and are much more complex than people recognize, there are arguments which can be made during negotiations with the prosecutor or in trial.  Consequently, you should immediately consult with an experienced DUI defense lawyer  who regularly practices in Phoenix and the surrounding East and West Valley Cities.

Although each case is different in terms of the facts and possible legal issues, there are a number of potential arguments a Tempe DUI Defense Lawyer can make to help you achieve the most favorable outcome possible. These include:

1. Showing That You Were Not Impaired:

Almost everyone arrested for a DUI is alleged to be "Impaired to the Slightest Degree."  Police and prosecutors will often point to your driving behavior, statements, appearance and performance on the Field Sobriety Tests to prove impairment. Some common arguments against this evidence might include:

• You did not commit a traffic violation or your driving behavior was not erratic or egregious
• You were honest at the scene with the officer because you had nothing to hide and didn't believe you were impaired
• You were not adequately instructed as to the various field tests or didn't understand exactly what was required
• Outside factors such as weather conditions, lighting, physical ailments, etc. contributed to errors made on the field tests
• The officer interpreted your performance on the field tests incorrectly.

2. Arguing Against "Actual Physical Control" of the Vehicle

Most people are arrested for DUI after being observed by police to have committed a traffic violation such as speeding, failing to maintain one lane of traffic, running a red light or stop sign, etc.  However on some occasions, individuals are investigated while simply sitting or sleeping in their vehicle.  Arizona allows drivers to be prosecuted for DUI if they are proven to be in "actual physical control" of their car.  Whether a person is in "actual physical control" of their vehicle is very fact specific.  Prosecutors must prove that you had the intent and ability to drive.  Some facts related to actual physical control include:

• Whether the car is on the roadway or in a parking lot
• Whether the engine is running
• Whether the driver is asleep or awake
• How long the vehicle has been at the same location
• What is the driver's purpose in being in the car

If there is a question about whether you were in actual physical control, conviction for a DUI offense may be avoided.

3. Are the Blood or Breathalyzer Tests Reliable?

One essential element of a DUI charge is proof that your alcohol concentration was above the legal limit within two hours of driving, that you were impaired by an illegal or prescription drug or that you had an illegal drug in your system while driving.  DUI charges involving alleged drug use often involve a blood test while alcohol related DUI charges can involve blood and/or breathalyzer testing.  

To be admissible and used as evidence against you, a prosecutor must illustrate:

• The machine used to test your breath or blood sample was in proper working condition.  The prosecutor must provide regular maintenance, calibration and quality assurance testing records to prove that the machine used to test your blood or breath produced accurate results.
• There is a "chain of custody" between you and the blood sample tested by the crime lab and reported to be your result
• Police followed proper procedures when drawing, storing and analyzing your breath or blood sample.

4. Was There a Violation of Your Constitutional Rights?

Before evidence is used against you, it must be shown to have been lawfully obtained by police. Violations of your  constitutional rights can cause evidence to be suppressed and lead to a reduction or even the dismissal of a DUI charge.  Some examples of possible violations of your constitutional rights which must be evaluated include:

• Miranda Warnings - Once your are detained or arrested, police must advise you of your Miranda Rights before asking you questions pertaining to the DUI investigation.  If police fail to properly advise you of your Miranda Rights after being arrested, the prosecutor cannot introduce  the statements you may have made against you
• No Reasonable Suspicion to Stop You - Police must show that you committed a traffic violation or engaged in some type of erratic driving behavior before initiating a motor vehicle stop.  If the arresting officer cannot provide a valid reason for stopping you, any evidence that is obtained afterwards can be suppressed and your charge might be dismissed.
• Right to Counsel Violations - After being arrested for a DUI, people have the right to consult with an attorney before taking a blood, breath or urine test.  If you had requested to speak with a lawyer and were not given an opportunity or not given privacy when speaking with the attorney, results of the chemical tests can be suppressed.  
• No Probable Cause to Arrest - Police must be able to show that given all of the available circumstances, including your driving behavior, statements  and performance on the field tests that there was enough evidence for them to arrest you for suspicion of DUI.
• Interference with Independent Testing - You have the right to arrange for an independent blood test after being arrested and processed for a DUI.  This means you can have your blood drawn at a facility of your own choosing to be tested for the presence of drugs or alcohol.  If police interfere with your ability to arrange for an independent blood test, the results of any tests that the prosecutor has may not be admissible and your case is subject to dismissal.

Call (480) 833-8613 for Immediate Help with Your DUI Case

Undoubtedly, a DUI conviction will result in very severe penalties. If you are charged with DUI in Scottsdale or any city within the greater Phoenix area, you should immediately consult with an experienced DUI lawyer for assistance.  Attorney Raymond Kimble is a former police officer, DUI and felony prosecutor and has represented thousands of people charged with DUI in Tempe, Mesa, Chandler, Gilbert, Scottsdale, Phoenix and other cities throughout Maricopa and Pinal Counties over the last twenty years. Ray Kimble  will have a clear understanding of all the circumstances in your case, along with the knowledge, skill and experience to protect your drivers license and achieve the best possible outcome for you.   

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