Driving under the influence can have serious consequences. Facing DUI charges can be daunting, but there are steps you can take to challenge them.
By being proactive and understanding your rights, you may be able to navigate through the legal process more effectively.
1. Document the traffic stop
The first step in challenging a DUI charge is to carefully document the details of the traffic stop. This includes noting the reason for the stop, any notable actions by law enforcement and the presence of any witnesses.
Keep that law enforcement officers must have a valid reason to pull you over. If there were issues with the stop, such as a lack of probable cause, you can use these details to challenge the legality of the entire arrest. Documenting the stop in as much detail as possible, including the time, date and location, can be valuable in building a strong defense.
2. Challenge the field sobriety tests
Field sobriety tests are commonly used by law enforcement to assess a driver’s level of impairment. However, these tests are not foolproof. It is important to remember that various factors, such as weather conditions and physical health, can impact an individual’s ability to perform these tests accurately.
Make a note of any external factors that may have influenced your performance on the field sobriety tests. For instance, uneven terrain or poor lighting could have affected your ability to balance or follow instructions. If the conditions were less than ideal, you may argue that the results of the tests do not accurately reflect your level of impairment.
3. Question the breath test results
Breath tests are often considered strong evidence in DUI cases, but they are not infallible. You have the right to question the accuracy of the breath test and bring to light any factors that may have influenced the results. Medical conditions, certain diets or even recent use of certain mouthwashes can impact the accuracy of a breath test reading.
Reports indicate that there were 716 DUI-related deaths in Arizona in 2020. While Arizona is among the deadliest states in terms of drunk driving accidents, that does not mean that every person arrested under DUI charges is guilty. You have the right to challenge the DUI charges against you and prove your innocence.
Author Bio
Matthew L. Lopez
Matthew L. Lopez is the Managing Attorney and founder of Matthew Lopez Law, a criminal defense and DUI firm serving clients throughout Arizona. His track record of case dismissals and charge reductions has earned him honors, including a National Trial Lawyers Top 40 Under 40 nomination, a “Superb” 10/10 Avvo rating, and a Rising Star designation by Super Lawyers.
Matthew is a member of the National College for DUI Defense and holds active memberships with the Arizona Association for Criminal Justice and the Arizona Association for Justice. His firm handles criminal defense, DUI, drug charges, and traffic offenses, offering free consultations and affordable payment plans to make quality defense accessible to all Arizonans.
