Posted in Drunk Driving Charges on August 27, 2014
A general perception of drunk driving charges is that they inevitably result in convictions. People may ask, “How, after all, can you argue with a blood test or a breath test?” Or, “There you are, on camera, flubbing your field sobriety test; how can you argue against a drunk driving conviction?”
Defending drunk driving cases is one of our core practice areas. To help you decide whether we can help you to defend your legal rights in such a case, we have included an informational web page on our firm’s website.
Although it can be difficult to defend against DUI accusation, and sometimes the physical evidence can be demoralizing to contemplate, you should never let a first-blush consideration of such evidence deter you from a determined legal defense. There are multiple reasons for this.
To begin with, law enforcement cannot secure a drunk driving conviction against you based solely on things like physical evidence. The law in Arizona requires police and prosecutors alike to conform carefully to procedural requirements that range from ensuring that the breath and blood alcohol test equipment they use is properly maintained to making sure that there are no errors in the chain of custody in handling test samples.
Any mistake they might make — and they can and do make mistakes — can present an opportunity to challenge the prosecution.
There are many more possible details that a police officer may either miss or not perform properly, beginning with his or her reason for stopping your car and including but not limited to whether he or she properly informed you of your legal rights and allowed you to exercise them.
Furthermore, depending on the unique facts of your situation, a skilled defense attorney may still be able to identify possibilities to negotiate a better deal for you. While no attorney can guarantee a result for you, having a dedicated law firm that is highly familiar with DUI laws and penalties can only help your defense.