PHOENIX DUI DRUNK DRIVING DEFENSES

DUI / DWI Lawyers in Phoenix, Arizona

Even if you are pulled over and arrested for DUI/DWI, there are numerous defenses and we can use to fight your DUI charge.  These defenses can relate to challenging the reason why you were pulled over, challenging your rest, challenging evidence presented by law enforcement, challenging chemical blood-alcohol content (BAC) tests, challenging field sobriety (FST) tests, and challenging the felony aggravated DUI charges.

Fighting The DUI Stop

A police officer must have reasonable grounds to pull you over.  If the police officer did not have a valid reason to pull you over, or did not actually see you driving, we can challenge the entire stop, and fight to have all the evidence excluded.

Fighting Probable Cause for Arrest

Before a police officer can arrest you, you must have a sufficient basis for concluding that you were driving or operating a motor vehicle under the influence of alcohol or drugs.  There are a variety of factors a police officer can assess, but the police officer must be able to identify the specific basis on which probable cause was established.

Fighting the Chemical and Field Sobriety Tests

There are numerous defenses to challenging a Breathalyzer including that the machine was not working properly, the test was not properly giving, the operator was not knowledgeable or certified in the operation of the machine, that observation periods were not maintained, and that body temperatures were higher than assumed giving a false positive results. 

Blood test can be challenged on the basis of chain of custody, contaminated samples, improper blood draw procedures, and improper training of the phlebotomist. The blood sample is not the defendants.

Field sobriety tests can be fought on the grounds that there is not sufficient experience or training on the part of the police officer giving the tests, the tests are empirically subjective, that the defendant is uncoordinated, or simply physically unable to do the tests.

Fighting the Felony Aggravated DUI

Because of the extremely serious, and overly punitive, penalties for convictions of felony aggravated DUI, it is extremely important to fight those charges at each step along the process.  The prosecutor must establish beyond a reasonable doubt the prior convictions, a suspended license, or a person under the age of 15 present in the vehicle while the defendant was operating the vehicle under the influence.  Therefore, we fight these charges on the basis that the defendant was not aware that their license was suspended, where it was truly not suspended.  We may be able to fight the introduction of the prior convictions for DUI.

Call for a Free Consultation

If you have been charged with DUI/DWI in Phoenix or any of the surrounding cities, please contact our office for a free in person consultation to discuss your legal rights and explanation of how we can help you. We offer quality and aggressive defense with affordable attorneys fees.

Our lawyers practice in all areas of DUI and DWI Defense law and criminal law throughout the Phoenix metropolitan area in all Arizona including Ahwatukee, Apache Junction, Avondale, Buckeye, Chandler, El Mirage, Florence, Fountain Hills, Gilbert, Glendale, Goodyear, Litchfield Park, Mesa, Paradise Valley, Peoria, Scottsdale, Sun City, Surprise, Tempe, and Wickenburg.