Being charged with a DUI can be devastating. Arizona has strict DUI laws that include a mandatory minimum jail sentence. Arizona also allows prosecutors to charge a person with driving under the influence if they are even slightly impaired by drugs and/or alcohol.
If you are charged with a DUI, you might believe that your only option is to plead guilty. However, there are many possible defenses to a DUI in Arizona. This is particularly true if your case includes a sign of a weak case, such as an improperly administered chemical test or being stopped without probable cause.
At Matthew Lopez Law, we advocate for clients who are charged with a range of criminal offenses, including DUI, drug charges, and sexual assault. If you have been charged with a DUI in Arizona, you don’t have to just plead guilty and accept the consequences. Contact our law firm today for a free consultation with an Arizona DUI defense attorney so you can learn about your legal rights and options.
What Are Signs that a DUI Case Might Be Weak?
There are times when all of the evidence backing up a DUI arrest makes it pretty clear that a person was driving under the influence of alcohol and/or drugs. In other cases, there are some red flags that indicate a weak DUI case. This might allow us to argue for the charges to be reduced or dismissed.
No Probable Cause for the Stop
With the exception of DUI checkpoints (which must be administered in a specific way), law enforcement needs probable cause to initiate a traffic stop. Probable cause is a legal term that means that the officer had a reasonable belief that a crime or traffic violation was being committed.
A law enforcement officer can get probable cause to stop a vehicle for a DUI if they observe anything that might give them reason to believe that the person driving is intoxicated. For example, if they see a car weaving on the road, that would be probable cause to stop the vehicle. If they see a visibly intoxicated person leaving a bar and getting behind the wheel of a car that will also give them probable cause to initiate a stop.
In some cases, the officer might not have probable cause to make a stop, which makes the stop illegal. For example, if the police officer racially profiles a driver and decides to stop them on that basis, that is not a valid reason to make a stop. If an anonymous person calls 911 to report a drunk driver but that information can’t be corroborated, then that will likely not be sufficient for a stop.
The Fourth Amendment of the U.S. Constitution protects us against unreasonable searches and seizures. If a law enforcement officer violates this principle of the American criminal justice system by stopping your vehicle without probable cause, it is a sign of a weak DUI case. Your Arizona DUI defense lawyer can request that all evidence that the police gathered as a result of the illegal stop be suppressed (excluded from the case). This is often enough to get the DUI charge dismissed.
Inconsistencies in Police Reports or Officer Testimony
Many DUI cases rest in large part on the statements of police officers. Their reports and testimony will provide critical information about why the stop was made, how a person responded when pulled over, and more. Any inconsistency in law enforcement reports and statements can be a sign of a weak case.
For example, consider a situation where a police report written by one officer states that the traffic stop was initiated because the suspect rolled a stop sign. A police report written by the second officer in the vehicle states that the stop was initiated because the driver failed to use their turn signal. In this case, these inconsistencies may indicate that there wasn’t probable cause to make the stop.
Our Arizona DUI lawyers will thoroughly examine police reports, dash cam videos of the stop and any interaction, and more to determine if there might be any inconsistencies. We will then work to use those inconsistencies to defend you in a DUI case.
Inaccurate Blood Alcohol Concentration Test Results
After a DUI arrest, you will be asked to take a chemical breath or blood test to determine your blood alcohol concentration (BAC). These tests are generally accurate, but many factors can influence their accuracy. If your chemical tests come back with a BAC above the legal limit, there may be a way to challenge the results.
For example, in Arizona, breathalyzer machines must be regularly maintained and calibrated. If the machine isn’t properly calibrated, it can throw off the results. This may mean that your breath test results are inaccurate.
For both breath and blood tests, timing is also crucial. Arizona law sets specific limits on when these tests should be administered. Otherwise, the test isn’t valid for proving that you were impaired at the time of driving.
While not every chemical test can be challenged, it is often possible. Our Arizona DUI defense attorneys will examine every aspect of your chemical test results to determine if it may be possible to challenge the results.
Improperly Administered Field Sobriety Tests
Field sobriety tests are often used by law enforcement officers after stopping someone that they believe might be driving under the influence. There are three standard field sobriety tests: the walk-and-turn, the horizontal gaze nystagmus, and the one-leg stand. The National Highway Traffic Safety Administration (NHTSA) claims that failing these tests is a strong indicator that a person is impaired.
Of course, the validity of these tests is based on the presumption that they will be administered correctly. Too often, they are administered improperly, such as on an uneven surface or with incorrect instructions. The validity of these tests is also based on the person being tested, as many different issues (such as having an injury or being on medication) can make it almost impossible for a person to pass these tests, even if they aren’t impaired.
It is important to understand that you are never required to take field sobriety tests, no matter what a police officer might say. These tests are just a way for the police to gather more evidence to use against you. If you have taken a field sobriety test, it may be possible to challenge your arrest based on improper administration.
Medical Issues that Can Mimic Intoxication
There are many different medical conditions and medical conditions that can mimic intoxication. If a person charged with a DUI has one of these issues, it could be the basis to get the charges dismissed.
For example, some people have neurological or orthopedic conditions that can affect their balance and coordination. Some eye conditions can make it hard to pass the horizontal gaze nystagmus test. Diabetes can also result in false-positive breath tests.
The arresting officer may not be aware of such conditions or might not understand how they impact your ability to perform these tests. If you have a medical issue, your lawyer might be able to use that fact to get your charges reduced or dismissed.
Charged with a DUI? Give Our Law Firm a Call.
Prosecutors often view DUI cases as easy convictions, despite the fact that many of these charges are based on pretty weak evidence. In many DUI cases, it is possible to challenge the evidence against you. We can help.
Matthew Lopez Law represents clients who have been charged with all types of crimes, including DUI. For each case, we take a proactive approach to look for weaknesses that we can exploit to get our clients the best possible outcome. To learn more or to schedule a free consultation with an Arizona criminal defense lawyer, contact our law firm today at 480-608-9998 or fill out our online contact form.
Related: Underage DUI in Arizona: Zero Tolerance Laws Explained
Legal Consequences for a Minor in Consumption Charge in Arizona