Arizona takes DUI charges seriously, but many DUI cases are defensible when the investigation is closely examined. A DUI arrest in Arizona can lead to serious consequences, including jail time, mandatory fines, and driver's license suspension. In our practice, clients often believe their case is hopeless until we review the stop, the field sobriety tests, and the breath or blood testing process. Problems in any of these areas can weaken the prosecutor’s evidence and open the door to reduced charges or a dismissal.
The strongest defenses usually involve challenging the legality of the traffic stop, exposing errors in field sobriety testing, or identifying flaws in how the breath or blood test was collected and analyzed. These issues come up more often than most people realize, and we see them in courts across Phoenix, Scottsdale, Tempe, and the rest of Maricopa County.
The sections below outline the most effective DUI defenses and how Pajerski Law uses them to protect our clients. Having an experienced attorney or defense attorney is crucial to building a strong defense and providing legal counsel throughout the process.
Arizona DUI cases follow a structured process, and understanding how prosecutors build their case can help you see where the strongest defenses come from. Driving under the influence (DUI) refers to operating a vehicle while impaired by alcohol or drugs. A DUI charge is a criminal case that can result in serious legal consequences, including fines, jail time, and a permanent record.
In our practice, we review every step of the investigation because any mistake in this process can affect the reliability of the evidence. Arizona law recognizes different levels of DUI charges, including extreme DUI, super extreme DUI, and aggravated DUI, each carrying increasing penalties for DUI convictions.
Possible defenses depend on the specific facts of each case and can help avoid a DUI conviction. This is why it is critical to examine every detail and challenge any weaknesses in the prosecution’s case.
Most DUI cases begin with a police stop for a suspected violation of a traffic law or driving behavior. Officers must have a valid reason to stop the vehicle, such as speeding, weaving, or a broken taillight.
To justify a DUI traffic stop, officers must have reasonable suspicion or probable cause that a traffic law has been violated. An illegal stop that lacks reasonable suspicion or probable cause may violate the Fourth Amendment, and any evidence obtained as a result could be excluded from court.
If the stop was not lawful, much of the evidence that follows can be challenged or suppressed. Only valid evidence collected during a lawful stop can be used in court.
After the stop, a police officer often uses standardized field sobriety tests developed by the National Highway Traffic Safety Administration (NHTSA) to assess impairment. These tests include the walk-and-turn, one-leg stand, and horizontal gaze nystagmus. Proper testing procedures are essential for the reliability of evidence gathered during the investigation. We examine whether the officer gave proper instructions and whether conditions made the test unreliable.
Field sobriety tests (standardized by the National Highway Traffic Safety Administration, NHTSA) must be administered according to established guidelines to ensure the validity of the results.
Once arrested, the officer will request a breath sample using a breath testing device to measure your blood alcohol content (BAC), or may request a blood or breath test. Prosecutors rely heavily on these breath test results, but they are not always accurate. Breath testing and blood or breath test results can be affected by factors such as body temperature, which may lead to inaccurate test results. Any issue with calibration, medical factors, contamination, or lab procedures can weaken the case.
The right to an independent test can provide crucial evidence for the defense.
Prosecutors use officer reports and video footage, which are part of the evidence gathered during the investigation, to support their version of events.
We compare these materials closely, since inconsistencies often become key defense points.
It is important to note that only valid evidence—legally obtained and admissible in court—can be used to support the prosecution's case.
Prosecutors aim to show impairment, a high BAC, or both.
Our role is to identify the gaps, errors, or legal issues in that evidence and use those weaknesses to negotiate reduced charges or prepare the case for trial, as a skilled defense attorney or DUI attorney can identify the best DUI defenses to achieve a favorable outcome.
Building a strong defense is crucial to protect your rights and improve your chances of a successful result.
One of the strongest DUI defenses in Arizona involves challenging the legality of the traffic stop and the way the officer conducted the investigation. Effective criminal defense strategies often focus on whether the police violated the Fourth Amendment or other constitutional rights during the stop or investigation. In our practice, we often find issues in the earliest stages of the stop that can lead to suppressed evidence or reduced charges.
Seeking legal counsel is crucial to ensure your rights are protected and to identify any violations that may strengthen your defense.
An officer must have a lawful reason to pull you over, such as speeding, drifting outside a lane, or a broken light, and must have reasonable suspicion or probable cause to justify the stop. If the initial stop was not justified, the court may exclude anything the officer found afterward, including breath or blood results.
An illegal stop—one lacking reasonable suspicion or probable cause—can result in the exclusion of evidence obtained during the investigation, which may affect the admissibility of that evidence in court.
Even if the stop is valid, the officer must handle the investigation correctly.
During police questioning, individuals have the right to remain silent and must be informed of their Miranda warnings. If the officer extended the stop without a clear reason, failed to explain why the investigation was continuing, or questioned you without proper grounds, the detention may be unlawful.
We review body camera footage to compare what the police officer wrote to what actually happened.
Common problems include:
These inconsistencies can significantly weaken the prosecutor’s case, especially when cross-examining the police officer to challenge the validity of the evidence gathered.
Officers must follow specific procedures during DUI stops. Problems often include:
When these procedures are not followed, the evidence becomes less reliable.
Courts in Phoenix, Scottsdale, and Tempe take procedural mistakes seriously. If the stop or detention is flawed, we can often suppress evidence or negotiate for reduced charges, including reckless driving or other non-DUI outcomes.
Field sobriety tests are one of the most common tools officers use during DUI investigations, but they are also one of the most unreliable. A skilled defense attorney can identify possible defenses based on errors in field sobriety testing, such as improper administration or failure to follow standardized procedures. In our practice, we review these tests closely because mistakes in how they are given often create strong defenses that help reduce or even dismiss DUI charges.
Field sobriety tests are supposed to be performed under specific conditions.
Problems we see regularly include:
These conditions make the test results less meaningful and easier to challenge.
Officers must give clear, standardized instructions for each test.
Common mistakes include:
Many clients have conditions that affect balance or coordination.
These include:
In our cases, documenting these limitations helps show why the test results do not accurately reflect impairment.
The horizontal gaze nystagmus test is often performed incorrectly.
Mistakes we see include:
Errors in this test can significantly weaken a DUI case because prosecutors rely on it heavily.
Body camera footage often shows the person performing better than the officer described in the report.
We routinely find:
Because these tests are so sensitive to mistakes, conditions, and personal factors, they often reveal more about the officer’s procedure than the person’s level of impairment. By highlighting these weaknesses, we can significantly strengthen the defense and push for better outcomes.
Breath and blood test results carry a lot of weight in Arizona DUI cases, but they are not automatically accurate. In our practice, we frequently find problems in the testing process that weaken the prosecutor’s evidence and create strong opportunities for reduced charges or a dismissal.
Breath machines must be properly maintained and calibrated.
Common issues we see include:
Any of these problems can make the results unreliable and open the door to a challenge.
Officers must observe the person for at least 15 minutes before the breath test.
During this time, the officer must ensure the person does not:
If this observation period is not done correctly, the results can be contaminated.
Certain medical conditions can falsely raise BAC readings.
We often see issues involving:
Documenting these conditions helps challenge the reliability of the test.
Blood tests must follow strict medical and scientific procedures.
Problems we frequently find include:
Any error in the blood draw or handling process can affect the accuracy of the results.
Even when the blood is collected correctly, mistakes can happen in the lab.
These include:
We review full chromatograph data, not just the summary report, to identify these issues. Because breath and blood testing is complex, even small errors can make the results unreliable. When we identify problems in the testing process, it often creates strong defenses that lead to reduced charges or a better negotiation position.
Building a strong DUI defense starts with understanding your case and taking the right steps early. At Pajerski Law, you work directly with Attorney Chad Pajerski. Chad is part of the small group of Board Certified Criminal Law Specialists in Arizona, and he has successfully defended clients in DUI cases throughout Phoenix and Maricopa County.
We closely examine the traffic stop, field sobriety tests, and breath or blood testing to identify the strongest defenses available. We also guide clients through mitigation, treatment, and MVD requirements to protect driving privileges and reduce the impact of the charge.
If you are facing a DUI in Arizona, you do not have to navigate the process alone. Contact us today for a free consultation to learn how we can defend your rights and build a strategy tailored to your case.
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