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Scottsdale DUI Factual Defenses


If you were arrested for a misdemeanor DUI in Scottsdale, you will likely be cited into the Scottsdale Municipal Court, located at 3700 N. 75th Street in Scottsdale, AZ. You may also be cited into the McDowell Mountain Justice Court or the Desert Ridge Justice Court if you were stopped along the 101 Highway – both of these courts are located at 18380 N. 40th Street in Phoenix, AZ. Scottsdale Felony DUI complaints are filed in the Maricopa County Superior Court – Southeast Facility, located at 222 East Javelina Drive in Mesa, AZ.

Investigating and litigating DUI cases can be complex, and if you plan to hire an attorney, it is important to find one who has experience in defending these types of cases. While there are many potential defenses in a DUI case, this discussion will focus primarily on "Factual Defenses" which may be advanced in your case.

What are "Factual Defenses"? Factual defenses can be quite complicated in DUI cases due to the large amount of scientific evidence that is normally involved in prosecuting these cases. A more specific (and more complicated) discussion of various factual defenses arising in the context of breath and blood evidence will be covered in future blog articles. Here, we will limit our discussion to a general overview of the categories of potential factual defenses that may arise in a given DUI case. Some of the more common defenses which may arise in the context of a DUI case include:

  • General insufficiency of the state's evidence;
  • Not under the influence of alcohol — sober;
  • Blood-alcohol level not over the legal limit during the relevant time frame;
  • Not under the influence of drugs — for drug DUI cases involving impairment allegation;
  • Not in actual physical control of the vehicle during the relevant time frame;
  • Invalidity, inaccuracy, or insufficiency of the results of the testing method;
  • Physical disability or poor health of the accused;
  • Mechanical or operating defects of the vehicle;
  • No valid refusal of the breath or blood test;
  • Alternate explanation for poor driving;
  • Alternate explanation for poor performance on the field sobriety tests;
  • Alternate explanation for nystagmus (HGN) of the eyes;
  • License not suspended, or had no personal knowledge of the suspended license (for felony cases).

This list is by no means an exhaustive list of every potential factual defense that may be available in your case. Every case is unique and your case may very well present factual defenses not listed above. The attorney you choose should be able to identify the relevant defenses that best fit the specific circumstances and facts of your case. Moreover, your attorney should be able to specify what steps are needed to best develop your factual defenses for successful presentation in court. The best way to determine what defenses may be applicable to your case is to consult with, and retain, a competent criminal defense attorney. Mr. Buckallew is a Board Certified Specialist in Criminal Law – Certified by the Arizona State Bar. He has significant experience in litigating all types of DUI and criminal cases and has a proven track record of successfully resolving countless cases throughout the course of his career.

You may request a complimentary copy of a book written by Attorney Trent Buckallew entitled, Arizona DUI/Criminal Traffic Defense Strategies, which covers DUI cases from the time of your arrest, types of DUI's and penalties, describes the court process, discusses potential defenses as well as DUI case investigation.

Mr. Buckallew has handled countless DUI cases in both the Scottsdale City Court, McDowell Mountain Justice Court, Desert Ridge Justice Court and the Maricopa County Superior Court, as well as most other courts throughout the valley. He has handled all types of DUI cases, including 1st Time DUI, Extreme DUI, Super Extreme DUI, Aggravated DUI, DUI Involving Homicide, Underage DUI, and DUI – Drugs, among others. Contact the Firm today for a free consultation regarding your Scottsdale DUI case.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

Arizona DUI/Criminal Traffic Defense Strategies (e-book)

Copyright © 2011 Trent R. Buckallew, Attorney at Law

The Law Offices of Trent R. Buckallew, PC

Arizona Criminal Defense Attorney, 1201 S. Alma School Rd. #11550

Mesa, AZ 85210 – (602) 825-3300

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