In any Arizona DUI case, the defendant can file a motion to suppress certain evidence. When a motion to suppress is filed, it is the prosecution’s burden to prove that the evidence it is intending on using at trial was lawfully obtained. Often, Arizona motions to suppress focus on statements that were made prior to an arrest, a police officer’s observations of a motorist, or physical evidence that was obtained as a result of a traffic stop. An Arizona motion to suppress can also keep chemical test results or formal, recorded statements out of evidence.
An Arizona drunk driving charge must be established by the prosecution beyond a reasonable doubt. To meet this burden, the prosecution must present evidence proving each element of every crime that is charged against a defendant. In the case of an Arizona DUI case, this typically requires the prosecution prove:
- The defendant was driving a motor vehicle;