Excluding DUI Evidence From the Record Can Mean Victory
In any DUI case, a good DUI defense lawyer will look for constitutional or procedural ways of excluding evidence of intoxication from the record. If the prosecution can't use evidence showing that your blood alcohol concentration was over the legal limit, the state will often dismiss the case, or at least offer an attractive plea on a significantly reduced charge. That's why the DUI attorneys of The Gillespie Law Firm make such a thorough review of the complete record at the earliest stage of each case, and go to work to develop further evidence that can lead to dismissal.
Explore Your Options for Excluding DUI Evidence - Call 888-613-5322
Contact us in Phoenix to learn how our DUI lawyers can identify and pursue the best ways to exclude evidence of intoxication from your DUI case. Whether your best chance of suppressing the evidence against you is based on constitutional, procedural or forensic grounds, we can give you a good idea of your opportunities for dismissal or a compromise plea.
Constitutional grounds for excluding the evidence typically relate to the police officer's reasons for stopping your vehicle and placing you under arrest. Suppression of the evidence is the usual result if we can prove any of the following:
- Unconstitutionally obtained blood or breath test evidence
- Lack of a reasonable suspicion of drunk driving to support the decision to pull you over
- Lack of probable cause to arrest you
- Denial of your right to counsel after a clear request
- Denial of your right to an independent blood or breath test
Our attorneys develop the case for suppression on constitutional grounds through recorded interviews with the arresting officers. If we find that the prosecution can't use evidence because of one or more violations of your constitutional rights, we can move for dismissal in court if the state won't drop the case on its own.
Our DUI lawyers also seek the suppression of evidence on the basis of its practical unreliability, as for example when improper maintenance of an Intoxilyzer device means that its accuracy can't be established. Whether dismissal of the case or an offer to plea to a reduced charge is the likely result depends on whether the state can present other evidence of intoxication against you. Obviously, the more we can keep evidence out of the record, the less likely you'll be convicted.
Learn more about our techniques for excluding evidence from Arizona DUI cases on any of several grounds. Contact The Gillespie Law Firm in Phoenix for a free consultation.
