Being charged with a DUI is certainly
daunting for anybody especially taking into account the severe legal
consequences and repercussions that follow, if convicted. However, Phoenix, AZ
DUI lawyers reiterate that DUI charges are definitely beatable with a clever
defense strategy which makes use of all of the loop holes and exceptions within
the DUI laws.
Here are some things you should know, or
could use in order to make your DUI
defendable and actually beat your case by disproving the prosecution’s
allegations.
Refusal
of a blood test or breathalyzer does not equal an admission of guilt
Courtesy of the second amendment,
searches and seizures of your personal property (including your own body for
that matter) can only be carried out with either your consent or after having
acquired a search permit duly signed by a judge.
Make sure you get a look at that search
warrant and actually read it so you know it is legit. If they do not allow you
to see the search warrant then you should know something untoward is happening.
This is not Cuba or nuclear weapon building Iran, human freedom matters in
America. Do not allow them to do what Det. Alonzo Harris (Denzel Washington)
did to that woman in Training Day. Of course that woman was not an asset to
society, she still deserved to have her rights respected.
Therefore, you pretty much have the
right to refuse a breath test or any other sobriety test that law enforcement
officers may want to subject you to. Many people wrongly assume that a refusal
means you are automatically guilty but an astute Arizona DUI attorney will have
you know that that is far from the truth.
You
will not always lose your license if you refuse a breath test
Once again, contrary to popular belief,
it is not always mandatory that you will lose your driver’s permit if you
refuse to take a sobriety test. If you are within the jurisdiction of a state
where implied consent laws are not in action then you will not lose your
license.
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Even if you are in a state like Arizona
where implied consent laws are in effect, then you can still (in some states)
file a letter with a fee for a hearing within a few business days after your
arrest in order to present your rationale as to why you refused to the test. A
tactful lawyer will prove invaluable at this stage and will ensure that you get
to keep your driver’s license.
Breathalyzer
machines and field sobriety tests are not infallible
Phoenix, AZ DUI lawyers explain that it
has been scientifically proven that breathalyzer machines measure breath
alcohol content and not blood alcohol content. Furthermore, these machines need
to be very precisely calibrated prior to use. These arguments can be made by
your lawyer during trial in order to have the breathalyzer result dismissed as
concrete evidence in your case.
Likewise, field sobriety tests which are
standardized physical tests designed to determine the sobriety of a person are
also not 100% dependable because of the fact that some people may have certain
physical limitations or disabilities and this will predispose them to failing
these tests even if they were stone cold sober.
A
DUI legal counselor is attainable
The point is that there are several ways
in which you can defend yourself against a DUI charge. All you really need to
do if you are arrested and face a DUI charge is approach
an Arizona DUI lawyer as soon as possible and get started working on your
defense strategy.
You may not even have been driving bad
enough or bad at all to be pulled over. You have no right to be pulled over!
You can attack that police officer’s actions that way. Press right here DUI-USAttorneys.com, you have the right
to be legally defended.
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