How To Fight A DUI Charge
If you are charged with DUI in Arizona, you may be facing stiff penalties if convicted, including fines, jail time and probation as well as loss of your driver’s license and insurance. This means that it is critical for you to have the help of an attorney who has a deep understanding of DUI law in Arizona and how to maximize your chances of an acquittal or dismissal of your charges. The experienced attorneys at the Oswalt Law Group in Phoenix may be able to help.
Can I Have My Charges Dismissed?
Although DUI charges are serious, there is every possibility that you can have your charges dismissed if the circumstances warrant this approach. Dismissal of charges may be done by a judge or by the prosecutor. When DUI charges are dismissed, it is usually for one of three reasons:
- The police made a critical error in their arrest. This is one of the most common reasons for dismissal, and it involves proving that the police did not do their job properly. This could be due the fact that the police may not have had probable cause to test your blood, or they could have performed the test incorrectly.
- The test was flawed. If your blood alcohol test was flawed, there may not be enough evidence to pursue charges against you. Recently, several cases have been reviewed by the higher courts for this reason.
- The blood alcohol content was lower than assumed. It is necessary to show a blood alcohol level of at least .08 percent in order to have a per se charge of DUI. However, it is important to remember that a prosecutor can still charge you with DUI in Arizona even if your BAC was below .08 percent. The prosecutor will simply have to prove that you were impaired, which is easy to do if you caused an accident or behaved in some erratic fashion. In some cases, however, a prosecutor will elect to dismiss a case if your blood alcohol content was relatively low.
Can I Fight For An Acquittal?
It is important to remember that most DUI cases are not dismissed. The prosecutor has all the advantages in bringing a DUI charge because he or she can dismiss at any time, but the defendant must fight consistently in order to avoid a conviction. If you are charged with DUI, you need strong legal representation. Contact the Oswalt Law Group in Phoenix today for help.