Extreme DUI Defenses
When charged with an Extreme DUI, many feel as though there is no point in challenging their case. After all, if the B.A.C. is over .15%, how in the world can a driver possibly avoid a conviction? It is important to understand that regardless of how high the results of your blood or breath test are, there are potential defenses to Extreme DUI that can and should be evaluated by an experienced attorney. With his experience as a former prosecutor, Phoenix Lawyer Joshua Davidson will assess your case from all possible angles and identify any defenses that could be asserted.
For example, if the police pull over your vehicle without sufficient legal justification, your case could be subject to a dismissal. Law enforcement cannot conduct a traffic stop unless they have “reasonable suspicion” to believe a crime is being committed or that a traffic violation has occurred. It is well recognized under federal and state law that an officer’s decision to pull over a vehicle for an alleged traffic violation is not reasonable unless he or she can articulate facts to support the belief that an extreme DUI or other traffic violation has indeed occurred. Courts in Phoenix have routinely held that having a “mere hunch” does not rise to the level of reasonable suspicion. No matter how high the B.A.C. of the driver might be, an unlawful traffic stop can be fatal to the prosecution’s case.
Similarly, your Attorney may be able to have the results of your blood or breath tests thrown out of court if the police officer lacked probable cause to arrest you after you were pulled over. Probable cause is present when the police officer possesses reasonably dependable information that is satisfactory to lead a reasonable person to believe a crime has been committed and driver being arrested is the one who committed it. If the police are unable to develop probable cause during the course of your traffic stop, the evidence they obtain from any subsequent arrest, including you blood or breath, may not be admissible. Because many police officer attempt to justify their decision to make an Extreme DUI arrest based on the driver’s performance during field sobriety testing (FST’s), Attorney Joshua Davidson strongly advises all of his clients to consider politely refusing to take those tests.
Defenses to Extreme DUI Charges
Issues related to insufficient evidence represent only a small portion of the defenses that may be available to those charged with Extreme DUI in Phoenix. Other potential defenses include:
- Lack of proof that the driver was under the influence of alcohol at the time of driving.
- Lack of proof that the driver had an alcohol concentration of a .15% or greater in his system at the time of driving or at the time of the test.
- Lack of proof that the breath alcohol testing machine used in that particular Phoenix Extreme DUI case was in proper, accurate, or in reliable working condition at the time of the tests.
- Lack of proof that the test operator properly and reliably administered the breath alcohol test.
- That the breath testing machine involved had factory programming or may not have been properly and accurately programmed with software to measure the Defendant’s alcohol concentration.
- Lack of proof that the breath alcohol results were scientifically reliable or within acceptable scientific standards.
- That the driver charged with Extreme DUI was not in physical control of a motor vehicle while impaired by alcohol or had otherwise disengaged from being in control of a motor vehicle.
Extreme DUI law is complex and it’s in your best interest to consult with a skilled Extreme DUI attorney as early as possible. When you are represented by Attorney Joshua Davidson, he will thoroughly evaluate your case, consult with you regarding your best options, and immediately start to build your defense by conducting a comprehensive defense investigation. From the moment Mr. Davidson takes your case, he will provide you with superior representation and help you develop the best defense possible. Phoenix Extreme DUI lawyer Joshua S. Davidson relishes the opportunity to challenge the prosecutor’s evidence and will always seek the best possible outcome for your case. Above all, he works tirelessly to make sure your rights, your future and your freedom are protected.
Have you been arrested for an Extreme DUI? Contact Phoenix DUI lawyer Joshua S. Davidson as soon as possible to see how he can help!
