There are a wide variety of strategies that defense attorneys employ to defend an individual against a DUI allegation. Sometimes those strategies are employed with success and can result in a verdict of not guilty or getting the DUI charges dropped or dismissed. Other times, an individual may be able to receive a dramatic reduction in punishment for his or her client is proven to be culpable in the event of a conviction.
Recently, a woman achieved favorable results in her DUI case after the Arizona Court of Appeals ruled that prosecutors could not use a warrantless blood alcohol test against her as evidence in her DUI proceedings. The ruling should be applicable to any person who is threatened with being arrested after refusing to go to the hospital.
The Arizona Court of Appeals overturned all of the woman's previous DUI convictions, and ruled that her DUI matter must be retried in Yavapai County court. In her case allegations, the woman initially refused to be taken to the hospital after her motor vehicle collided with a guardrail. Nevertheless, she eventually submitted to go to the hospital when a sheriff âs officer threatened to arrest her if she did not comply.
A subsequent test at the hospital allegedly showed that the woman's blood alcohol content was higher than the legal limit in Arizona; however, it was this very test -- a key piece of evidence in the woman's conviction -- which the court of appeals ruled to be inadmissible as evidence in her case. The court ruled that the woman was coerced into submitting to the test and no warrant existed to permit the drawing of her blood.
After a thorough review of the factual allegations associated with an individual's DUI arrest, a DUI defense strategy can be formed. By applying the best type of DUI defense strategy, which has been uniquely tailored to suit the individual characteristics of a given matter, those accused of drunk driving in Arizona can increase their chances of achieving the most favorable result possible in their trial.