02|2025

Being charged with a DUI in Tempe can be overwhelming, but an experienced DUI lawyer has several legal strategies to fight drunk driving charges. Arizona has some of the strictest DUI laws in the country, which means you need a strong defense to avoid harsh penalties. From challenging breathalyzer results to questioning police procedures, DUI attorneys use various tactics to build a strong case for their clients.

Table of Contents

Challenging the Traffic Stop

One of the first things a DUI lawyer in Tempe will examine is whether the police had a valid reason to pull you over. Law enforcement must have probable cause, such as swerving, speeding, or running a red light, to justify a stop. If the stop was made without reasonable suspicion, any evidence gathered afterward could be inadmissible in court.

Attorneys often file motions to suppress evidence if they believe the stop was unlawful. If successful, this can weaken the prosecution’s case and even lead to a dismissal of the charges.

Questioning the Field Sobriety Tests

Field sobriety tests (FSTs) are commonly used by police officers to determine impairment, but they are not always reliable. Factors such as uneven road surfaces, poor lighting, medical conditions, and even anxiety can affect a driver’s performance.

A DUI lawyer can challenge the accuracy of these tests by arguing:

  • The officer did not provide proper instructions.
  • The tests were conducted in poor conditions.
  • The driver has a medical condition that affects balance or coordination.
  • The results were subjective and open to officer interpretation.

If a lawyer can prove that the field sobriety tests were not administered correctly, the results may be excluded from evidence.

Disputing Breathalyzer and Blood Test Results

Breathalyzer tests are one of the most common ways police measure blood alcohol concentration (BAC), but they are not always accurate. A skilled DUI lawyer in Tempe will investigate whether the test results can be challenged based on the following factors:

  • Improper calibration of the device.
  • Failure to follow testing procedures.
  • Contamination of the sample.
  • Health conditions (such as acid reflux or diabetes) that may affect readings.

If a blood test was taken, the attorney can request access to lab records to determine if proper handling procedures were followed. Mistakes in collection, storage, or analysis can lead to unreliable BAC results, which may be challenged in court.

Examining the Arrest Procedure

The way an arrest is conducted plays a crucial role in a DUI case. Police officers must follow strict legal procedures when making an arrest, including reading Miranda rights and ensuring proper documentation of the event.

A DUI lawyer will look for any procedural errors, such as:

  • Failure to inform the suspect of their rights.
  • Incomplete or incorrect police reports.
  • Lack of proper documentation of the arrest.

If an officer failed to follow proper arrest procedures, it could lead to key evidence being thrown out, weakening the prosecution’s case.

Proving the Driver Was Not Impaired

Just because a driver had alcohol in their system does not automatically mean they were impaired. Arizona law states that a driver is legally intoxicated with a BAC of 0.08% or higher, but many factors can influence how alcohol affects an individual.

An experienced DUI lawyer may bring in expert witnesses, such as toxicologists, to explain how certain medications, fatigue, or even diet can mimic signs of intoxication. They may also argue that the driver was alert and in control of the vehicle, which contradicts claims of impairment.

Negotiating a Plea Deal

If a case has strong evidence against the defendant, a lawyer may negotiate a plea deal to minimize the penalties. This can involve reducing the charges to a lesser offense, such as reckless driving, or securing a sentence that includes alcohol education programs instead of jail time.

Plea deals can be beneficial for first-time offenders who want to avoid a DUI conviction on their record. A skilled DUI lawyer knows how to negotiate with prosecutors to get the best possible outcome.

Using Surveillance and Witness Testimony

If there is video footage from traffic cameras, security cameras, or dashboard cameras, a DUI lawyer can use this evidence to challenge the prosecution’s claims. Witness testimony, including statements from passengers or bystanders, can also help prove that the driver was not impaired.

For example, if a witness testifies that the driver was acting normally before getting behind the wheel, it can contradict the officer’s claims of intoxication.

Arguing Rising Blood Alcohol Levels

Alcohol absorption rates vary from person to person, and a skilled DUI lawyer can argue that a driver’s BAC was lower at the time of driving than it was when they were tested. This is known as the “rising BAC” defense.

For example, if a driver had a drink shortly before being pulled over, their BAC might have been below the legal limit at the time of driving but increased by the time the test was administered. This argument can be used to cast doubt on whether the driver was actually over the limit while operating the vehicle.

Pushing for Alternative Sentencing

For first-time offenders, some DUI lawyers advocate for alternative sentencing options, such as:

  • Alcohol education or rehabilitation programs.
  • Community service.
  • Probation instead of jail time.

These alternatives can help minimize the long-term consequences of a DUI conviction and allow the individual to move forward without a criminal record.

Filing a Motion to Dismiss

If the evidence against the defendant is weak or if there were serious procedural errors, a DUI lawyer may file a motion to dismiss the case entirely. If granted, this means the defendant will not face any penalties, and the charges will be dropped.

Motions to dismiss are typically based on:

  • Lack of probable cause for the traffic stop.
  • Insufficient evidence to prove impairment.
  • Violations of the defendant’s constitutional rights.

A dismissal is the best possible outcome in a DUI case, and an experienced lawyer will look for any legal grounds to pursue this option.

Conclusion

Fighting a DUI charge in Tempe requires a well-planned defense strategy. The best DUI lawyers use a combination of legal arguments, procedural challenges, and negotiation tactics to protect their clients. Whether it’s questioning the validity of sobriety tests, challenging police procedures, or negotiating a plea deal, an experienced attorney can make a significant difference in the outcome of a case.

If you or someone you know is facing DUI charges, it’s crucial to seek legal representation as soon as possible. The right defense strategy can mean the difference between a conviction and a favorable resolution.

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