When it comes to driving under the influence (DUI), Arizona has one of the strictest laws in the country. The consequences of driving under the influence are governed by Title 28 of the Arizona Revised Statutes. To be found guilty of a DUI, you need to drive or to be in physical control of a vehicle while under the influence of alcohol or drugs. Being convicted of a DUI is a troubling experience, mainly because the consequences can be very severe. You can face jail time, significant fines, license suspension, and your vehicle may be subject to an interlock device. However, there are a number of dui defenses that your Phoenix DUI lawyer can raise to protect your best interests.
Inaccurate Field Sobriety Test
A main source of evidence that the prosecution typically relies upon to support its argument that you were driving under the influence is a field sobriety test. If you failed your field sobriety test, the prosecution is going to assert that your failure is due to intoxication. However, this argument can be tackled with the defense that you were nervous, the area where the test was taken was dark, you were fatigued, you have poor physical coordination, and other non-alcohol related factors caused you to fail the test.
Blood Alcohol Content – Poor Breathalyzer Test/Blood Test
In most states, including Arizona, officers utilize a breathing testing device in order to determine your blood alcohol content level. The results of the test are another source of evidence that the prosecution relies upon to strengthen its argument. However, your lawyer can assert a defense that the breath testing device was not well maintained or it was poorly calibrated. As a result, the device may have registered false. These machines also have a rate of error that may undermine the state’s argument that you were legally intoxicated. To support the defense, your lawyer may subpoena police records regarding the testing machine and the lawyer may employ expert testimony that supports the contention that the device frequently malfunctions. Similar strategies can be used to challenge a blood test.
Lack of Probable Cause for the Traffic Stop
Another dui defense your lawyer may assert is that the officer lacked probable cause for your traffic stop. In order to subject you to a traffic stop, the officer must have probable cause. However, if you were driving in a manner that comports with the traffic laws and that was not reckless in any manner, your dui defense lawyer may assert that the officer had no probable cause to stop you.
Driving under the influence is a serious crime and as a result, you need a quality defense lawyer to protect your best interests. At Tyler Allen Law Firm, our dedicated Phoenix DUI lawyer is able to ensure that your case gets the due care that it deserves and that you are defended in every way possible. Contact us today to consult with one of our attorneys.