Understanding your defense options is crucial when facing DUI charges in Arizona. A DUI conviction might lead to major consequences, including fines, license suspension, and jail time.
At Davidson Criminal Defense & DUI Law Firm , we specialize in crafting strong defenses tailored to each case’s unique circumstances. We fight to protect your rights during the legal process.
Arizona has strict laws against driving under the influence, but you still need defense options. Effective DUI defense requires comprehensive knowledge of the law, client compassion, and many resources. Our firm is committed to exploring every possible defense to lessen or avoid the burden of a DUI charge on your life. Let us help you find out the defenses available in your situation.
Definition of DUI and Legal BAC Limits in Arizona
In Arizona, driving under the influence (DUI) involves operating a vehicle when your ability to drive safely is impaired by alcohol or drugs. The state sets the legal blood alcohol content (BAC) limit at 0.08% for standard drivers, but lower limits apply to commercial drivers and drivers under 21.
It’s illegal to drive if your BAC meets or exceeds these limits. Even without a BAC test, showing signs of impairment can lead to a DUI charge.
Arizona law also considers “actual physical control” of a vehicle under the influence as a DUI. This means you can face DUI charges even if you aren’t driving but are in a position to operate the vehicle while impaired potentially.
Knowing these details is vital for anyone facing DUI allegations in Arizona. Davidson Criminal Defense & DUI Law Firm is here to help clarify these laws and defend your rights.
What Defines a Strong DUI Defense?
A strong DUI defense challenges the evidence brought by the prosecution and seeks to protect the rights of the accused. Successful defenses often involve questioning the accuracy of BAC testing, the traffic stop’s legality, and the arrest process’s handling. Each case requires a unique approach tailored to the situation’s specifics and the evidence available.
The strongest DUI defenses also leverage legal knowledge to identify procedural errors or constitutional violations that could lead to dismissing charges. Our lawyers combine thorough legal analysis with strategic defense tactics to ensure the best possible outcome for our clients. We focus on dismantling the prosecution’s case piece by piece.
Challenging the Traffic Stop
One critical aspect of defending against a DUI is challenging the reason for the initial traffic stop. In Arizona, a police officer must have reasonable suspicion of a violation to stop a vehicle legally. Without this, any evidence gathered during the stop could be inadmissible in court.
Lack of Reasonable Suspicion or Probable Cause
If a police officer had no legitimate reason to suspect you were violating the law, your defense might argue that the traffic stop was unjustified. This lack of reasonable suspicion can be a strong basis to challenge the admissibility of any evidence obtained during the stop. We meticulously review police reports and dash-cam footage to identify any discrepancies or violations of your rights.
Questioning Field Sobriety Tests
Field sobriety tests are another area ripe for defense challenges. These tests, which might include walking in a straight line or standing on one leg, can be highly subjective and influenced by many factors unrelated to alcohol consumption.
Our attorneys can question the conditions, administration, and reliability of your field sobriety test in your defense. Standardized field sobriety tests are only accurate if administered properly.
Inaccuracy and Improper Administration of Tests
The accuracy of DUI testing methods is a frequent point of contention in DUI cases. Breath tests and blood tests must be conducted properly to be reliable. We will discuss this possibility at your free initial consultation.
Contesting Breathalyzer and Blood Test Results
We challenge the results of breath and blood tests by questioning the calibration of the breath testing device, the timing of the test, and the handling of the blood samples. Errors in any of these areas can lead to false BAC readings. This could get your Arizona DUI case dismissed.
Calibration and Maintenance Issues
The law requires that breath testing devices be regularly calibrated and maintained. If we discover that the device used in your case was not properly maintained, we may be able to argue that the results are unreliable, which could result in your blood or breath test being thrown out.
Procedural Errors in Administering Tests
Errors during the administration of a breath or blood test can also affect its reliability. Our attorneys look for procedural mistakes during your testing that could have compromised the results. If the test is not administered properly, the breath test reading might not be reliable.
Medical Conditions Affecting Test Results
Certain medical conditions can skew BAC test results. Conditions like diabetes or dietary issues can produce substances in the breath that a breathalyzer might mistakenly read as alcohol. We consider all such factors in building your defense.
Proving Lack of Impairment
Proving that you were not impaired at the time of arrest is a direct approach to contesting DUI charges. Evidence such as video from the scene, witness statements, and your testimony can be critical.
If evidence suggests that you were behaving normally, following instructions, and showing no signs of impairment, this can be powerful in your defense. We gather and present such evidence to challenge the prosecution’s impairment claim.
Violation of Rights
Violations of constitutional rights during a DUI arrest can provide grounds for dismissing the charges.
Unlawful Search and Seizure
If the police completed a search of your property without probable cause or a valid warrant, we might argue that they violated your rights against unlawful search and seizure . This could lead to evidence being thrown out. Some of the most common DUI defenses focus on this violation.
Failure to Inform of Miranda Rights
If you were not told of your Miranda rights at the time of arrest, this might invalidate any incriminating statements you made. Ensuring that your rights are respected is a cornerstone of our defense strategy. Your DUI case could be dismissed if your rights are not read to you.
Rising Blood Alcohol Defense
The rising blood alcohol defense claims that your BAC was below the legal limit while driving but rose between the time of driving and the time of testing. This might happen because alcohol takes time to be absorbed into the bloodstream. We can use expert testimony to support this defense if the timeline fits.
Legal Process for DUI Cases in Arizona
- Initial stop . A police officer stops you based on observed driving behavior or a traffic violation.
- Investigation . The officer conducts a DUI investigation, which may include field sobriety tests and a portable breath test.
- Arrest . If the police officer thinks there is probable cause, you will be arrested for DUI.
- Testing . You will be asked to undergo further breath or blood testing at a police station or medical facility.
- Booking . You are booked into jail, where you may stay until you post bail or until your initial court appearance.
- Arraignment . During your first court appearance, you will listen to the charges against you and give a plea.
- Case management . Your case will proceed through pre-trial motions, negotiations, and possibly a trial.
Arguing for a Case Dismissal
Our initial strategy in any DUI defense is to argue for a dismissal of the charges. We look for any legal flaws, such as lack of probable cause, improper conduct by police officers, or violations of your rights, that could justify a dismissal. Our attorneys are thorough in their investigation and aggressive in their advocacy.
If a dismissal is not possible, we then focus on minimizing the impact of the charges. This could involve negotiating plea deals or preparing for trial.
Negotiating a Favorable Plea Deal
Negotiating a plea deal requires familiarity with the law and skilled negotiation. Our goal in any plea negotiation is to reduce the severity of your penalties. This might mean reducing the charges, minimizing fines, or avoiding jail time.
We work to ensure that any plea deal is in your best interest and reflects the strengths of your defense. Our attorneys are skilled negotiators who advocate fiercely for our clients.
Taking the Case To Trial
We are fully prepared to take your case to trial if a satisfactory plea deal cannot be reached. We use all available evidence and legal arguments at trial to defend your rights. Our trial strategy is informed by a detailed analysis of the evidence, witness testimony, and expert opinions.
We know the stress of facing a DUI trial and provide comprehensive support to our clients throughout the process. Our aim is always to achieve the best possible outcome.
Let Davidson Criminal Defense & DUI Law Firm Provide the Strong Defense You Deserve
DUI charges in Arizona can be daunting, but you don’t have to face them alone. Davidson Criminal Defense & DUI Law Firm offers expert legal representation and a committed defense strategy tailored to your case. We pride ourselves on our meticulous approach to case preparation and aggressive court representation.
Our law office is dedicated to defending your rights and pushing for a favorable resolution to your case. Whether negotiating a plea or fighting a charge in court, we bring expertise and determination to every case. Trust us to provide the defense you deserve.
Contact Our Phoenix DUI Defense Lawyer for a Free Case Consultation
If you or someone you know is facing DUI charges in Arizona, contact Davidson Criminal Defense & DUI Law Firm today for a free case consultation. It would be our honor to defend you.
