Any DUI charge depends on the evidence gathered by law enforcement. Human error and unreliable equipment represent possible grounds for fighting a drunk driving charge. If you have been arrested for DUI / DWI in Arizona, contact The Law Offices of John Phebus for proven and effective representation.
Glendale Field Sobriety Test Attorneys.
Free Telephone Consultation: 623-847-7117.
We have represented numerous clients charged with driving under the influence (DUI) or driving while impaired (DWI). Our lawyers have deposed many officers, and know how they work.
If we take your case to a trial, there is always the chance that the jury will believe whatever the arresting officer or Intoxilyzer operator says, even if they are distorting the facts. We will discuss the risks of challenging a DUI in court and give you a forthright assessment of the merits of your case.
Peoria Attorneys: Challenging Blood Alcohol Content And Other DUI Evidence
Occasionally, during the discovery phase, we can identify questionable evidence or procedures that constitute solid grounds for fighting a DUI. If the prosecutor agrees that the case is weak, he or she may agree to dismiss the case, or reduce the charges to a lesser offense. The accuracy of field sobriety tests is just one of the aspects of your drunk driving case that can be challenged. Standing on one leg, walking a straight line, following a pen with your eyes; these tests are difficult for a sober person and designed for failure. Were the tests properly administered, or was the officer qualified and trained in field sobriety testing? We can challenge these tests if they were the basis for arrest.
Other solid arguments for going to court or seeking dismissal include:
- The legality of the stop: Did the officer have reasonable suspicion to pull you over? If the traffic stop itself was illegal, any evidence gathered after the fact may be inadmissible in court.
- Portable Breathalyzer test: Though not generally admissible in court, a roadside breath meter is often used as probable cause for arrest.
- Intoxilyzer: After arrest, the suspect is given a blood alcohol content (BAC) test through a breath or blood sample. There are numerous opportunities for error in collecting the blood sample, preserving the sample and analyzing it in a blood gas machine or Breathalyzer. Was the machine reliable and in working order? Was the test properly given? Were there reasons for a false reading? Was the machine properly calibrated? Has it produced false positives in the past? Was the sample contaminated during the chain of custody?
It is not easy to beat a DUI in court. Most officers are well-trained, and judges are reluctant to dismiss drunk driving cases. As experienced Phoenix field sobriety test attorneys, we can promise to look closely at every aspect of your case to find grounds for fighting it. If it is not feasible to get the case dismissed or advisable to go to trial, we have an excellent record of negotiating with prosecutors to plead to a lesser charge with lighter penalties, but there is no guarantee of results.