Our Experienced Flagstaff Criminal Defense Lawyers Share the Top Defenses We Can Use to Fight Your DUI Charges
If you’re charged with a DUI, you may wonder if it’s worth the money to hire an attorney. Almost always, the answer is yes, especially if you live in Arizona. DUI is vigorously prosecuted in Flagstaff and Northern Arizona. If you’re facing these charges, you must fight back and defend yourself. 
At Griffen & Stevens Law Firm, PLLC, our experienced Flagstaff criminal defense lawyers have decades of experience successfully defending our clients charged with a DUI. We know the most effective defenses and can use them to help you fight the charges you face to achieve a favorable outcome in your criminal case.
When You’re Charged With a DUI in Flagstaff: Possible Defenses
You could face a jail sentence, large fines, and a driver’s license suspension if you’re convicted of a DUI under ARS §28-1381. In addition, you may have to deal with the long-term consequences of a permanent criminal record throughout your life.
It’s important to have strong defenses to help you fight a DUI charge—even if you’re guilty. However, without legal counsel, it’s nearly impossible to identify which defenses will work for your case. Here are effective defenses our legal team may be able to use to beat your DUI charges:
#1: Illegal Stop
The police must have reasonable suspicion that you violated a law to pull you over. They don’t have to suspect you were driving while intoxicated to stop you as long as they suspect you violated another traffic law. But they are allowed to investigate you for a DUI if they believe you are driving under the influence once they make the traffic stop.
If we can show that law enforcement had no basis to stop you, any statements you made, blood test results, or other evidence they collected may be inadmissible in your criminal case. If vital evidence is thrown out, the prosecutor could be forced to dismiss the charges against you.
#2: No Probable Cause to Arrest You
In Arizona, the police are required to have probable cause to arrest you for a DUI. This means they must have specific facts that support their suspicion that you were driving while intoxicated.
Our criminal defense attorneys may be able to argue that the police officer had no probable cause to arrest you if there is strong evidence that you were sober. Facts that can help us prove this include the following:
- There was no odor of alcohol on your breath.
- You were not driving erratically.
- No field sobriety tests were conducted, or you didn’t fail them.
- You didn’t exhibit a speech impairment.
- You didn’t lose your balance getting out of your vehicle or during the traffic stop.
#3: Improperly Administered Field Sobriety Tests
The police must follow stringent rules established by the National Highway Traffic Safety Administration (NHTSA) when administrating field sobriety tests. Our legal team has found many instances where the officer did not have the proper training or failed to administer the test correctly. We’ll thoroughly examine how they performed these tests when stopping you and will challenge the validity of the test results if possible.
#4: Inaccurate Blood Test Results
After arresting you, the police may have drawn your blood to determine your blood alcohol content (BAC). These test results are crucial evidence the prosecutor needs to convict you.
Our legal team may be able to use a variety of grounds to challenge the BAC test results. For example, there may have been errors in the testing procedures the police used, or your blood sample may not have been appropriately transported.
In addition, the police may have failed to draw a second blood sample, which is required so that you can have it independently tested. If they did take a second draw, there may be discrepancies in the test results when we send the sample to an independent lab that we can use to challenge the test results.
#5: Right to Counsel Violations
You have a constitutional right to an attorney as soon as the police stop you. Once you inform the officer that you want to speak to a criminal defense lawyer, they are supposed to stop questioning you until you talk to your attorney.
However, law enforcement officers often violate this rule. If they did in your case, we may be able to get the criminal case dismissed because our ability to advise you and defend you was significantly hampered.
#6: Miranda Warning Violations
The police are required to give you your Miranda warnings before taking you into custody. They must advise you of your right to remain silent, your right to an attorney, and your right to have a lawyer appointed if you cannot afford to hire one. If the police violated your constitutional rights by not giving you these warnings or continuing to question you after you exercise your rights—which they do more often than you may think—our legal team may be able to get any statements you made excluded from evidence.
These are just some of the defenses that our experienced criminal defense lawyers may be able to use to defend you. At your free initial consultation, we can explain the best defenses for your case.