Successful Phoenix DUI Attorney Outcomes

By | December 9, 2013

Being stopped, arrested and charged for driving under the influence can be a stressful experience. Even though you have the right to represent yourself in a court of law, it is crucial to hire a Phoenix DUI attorney that specializes in your type of case. There are various reasons to consider hiring a skilled attorney immediately after you have been arrested.

The possible penalties you are facing can create a damaging impact on your family’s lives. In all reality, jail time is not a viable option due to the responsibilities you have to support your family and yourself. The possibility of going to prison or receiving a lengthy jail sentence could ruin your position of maintaining your current employment, or obtaining a job in the future. This could have a negative impact on meeting your monthly obligations and paying your bills.

In spite of that, cases are dismissed every day across Arizona, or the charges are reduced. Reduced charges are almost always the result of the skills of an experienced DUI lawyer and their ability to negotiate with the prosecutor’s office. A skillful attorney provides has a comprehensive understanding of the criminal justice system. Your attorney is your legal representative that builds your case by working directly with the court system.

Hiring an Attorney Quickly

It is important to hire a lawyer right away. A successful Phoenix DUI lawyer will work quickly to gather evidence before it is lost. They will start the process of interviewing witnesses before the facts in the case become difficult to remember due to passing time. A solid defense witness might be your most effective tool in creating a successful outcome at trial, or through the negotiation process.

In addition to building your case, the lawyer can work hard to limit the potential penalties you could receive in a conviction for a first DUI offense. As a way to avoid possible jail time, the attorney might be able to negotiate community service, attendance at DUI school and probation. They may be able to limit any court-imposed fines and the suspension of your driver’s license. In their effort to reduce or dismiss your charges, you might possibly avoid facing a misdemeanor criminal charge and significantly higher vehicle insurance rates.

If you had an excessively high blood-alcohol level rate, you might be facing the installation of an ignition interlock device once the suspension of your license has been lifted. If this is not your first DUI conviction, you may be facing license revocation, imprisonment penalties and fines based on the severity of your offense.

However, all hope is not lost. The skills of a competent Phoenix DUI attorney can develop a case that will sway the court in your favor. Their efforts might provide a pathway to bypassing sentencing terms. Your attorney may be able to negotiate your attendance in an alcohol abuse treatment program instead.

In addition, there are always potential plea bargains that could offer less punishment on you in exchange for providing a “guilty” plea. However, a skillful attorney will usually proceed with extreme caution in a plea bargain.

Developing a Defense Strategy

A skilled attorney that specializes in Arizona DUI law recognizes that no two driving under the influence cases will ever be the same. Because of that, your attorney will assess every aspect of your case to tailor-make a defense strategy on your behalf. Every part of your case will be handled with the ultimate dedication, consideration and respect required to create the most successful outcome.

Your attorney might be preparing your defense by investigating your drunk driving charges. It might be determined that the arresting police officer did not have probable cause when they pulled you over. Based on the Fourth Amendment of the U.S. Constitution, you are protected under the law against any type of unreasonable search or seizure. In fact, a law enforcement officer does not have the right to investigate or arrest you unless they have a warrant or probable cause.

If the officer stopped you as a result of committing a traffic violation, speeding or swerving they had the legal right to do so. However, they cannot simply stop you on a hunch that you may be driving drunk. Additionally, there are limitations of the officer when you are required to take a roadside breathalyzer test or perform the standardized roadside field sobriety test.

If the arresting officer did not observe any indication of an impairment that might include the smell of alcohol, blood-shot eyes or slurred speech, he or she might have violated your U.S. constitutional rights. Your skilled attorney might be able to prove this through a motion before a judge, or to the prosecuting attorney’s office to have all of the charges dismissed.

Innocent until Proven Guilty

While you have likely heard the phrase of being “innocent until proven guilty”, it likely has never meant as much as now. In fact, it is the prosecutor’s responsibility to prove their case beyond any reasonable doubt. The prosecutor can only obtain a conviction if they can prove you are actually driving under the influence. This heavy burden of proof required of the prosecutor provides the opportunity for your attorney to offer subjective evidence in your defense.

Your skillful attorney can use calibration and maintenance records that indicate that the officer’s breathalyzer equipment might not have produced an accurate reading at the time you were arrested. In addition, your attorney can obtain the dashboard video camera in the police car to determine if any errors were made in administering or explaining how the field sobriety test is given.

The courses of action that your attorney can take are numerous. By hiring your skilled Phoenix DUI attorney now, they can begin the process of developing a strategy in your case.

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