Being arrested for DUI is a frightening experience. You might be facing the possibility of jail time, hefty fines, and the loss of your driver's license. But just because you failed a breathalyzer, chemical, or field sobriety test doesn't mean a conviction is automatic. DUI tests aren’t always reliable, and many factors can lead to inaccurate results.
At Griffen & Stevens Law Firm, PLLC, our skilled DUI defense lawyers know how to challenge DUI test results and protect your rights. We'll thoroughly investigate your case to identify any issues with the testing process and build a strategic defense tailored to your unique situation.
The Flaws of Breathalyzers in DUI Testing
Breathalyzer tests are the most common method used by police to estimate a driver's blood alcohol concentration or drug content (BADC). These devices measure the amount of alcohol present in a sample of your breath and use a mathematical formula to convert that into a BADC reading.
However, breathalyzers in DUI testing aren’t foolproof. They rely on averages that don't apply equally to everyone, and many factors can skew the results, such as:
- Residual mouth alcohol from burping, vomiting, or acid reflux
- Certain medical conditions like diabetes or GERD
- Improperly calibrated or maintained equipment
- Radio frequency interference from police radios or cell phones
- Rising blood alcohol levels if you had a drink shortly before driving
At Griffen & Stevens Law Firm, PLLC, our DUI defense lawyers carefully scrutinize every aspect of your breathalyzer results to determine if proper procedures were followed and if the outcome can be trusted. In many cases, we can argue to have the test results excluded from evidence, significantly weakening the prosecution's case.
What About Blood and Urine Testing?
Blood tests are generally considered the most accurate for measuring BADC but require proper handling, storage, and chain of custody. Contamination or delays in testing can affect reliability.
Urine tests are even less reliable than blood tests for recent drug use due to the longer detection window for metabolites.
Challenging Field Sobriety Tests
Field sobriety tests (FSTs), such as walking in a straight line or standing on one leg, are notoriously unreliable indicators of impairment. These tests were developed based on limited studies and don't account for individual differences in physical ability or environmental factors.
Many people "fail" FSTs for reasons unrelated to alcohol, such as:
- Poor balance or coordination
- Physical injuries or disabilities
- Unsuitable footwear or clothing
- Uneven or slippery roadside conditions
- Nervousness or anxiety about the traffic stop
- Vague or confusing instructions from the officer
Different studies conducted by the National Highway Traffic Safety Administration indicate that the general range of accuracy for certain tests fall between 77% and 89% if performed correctly. Our attorneys examine the officer's report and any available video footage to identify mistakes in how the tests were administered. We'll also highlight all the ways the tests are subjective and argue that "failing" doesn't automatically equate to impairment.
How Our Flagstaff DUI Defense Lawyers Fight for You
The penalties for DUI are severe in Arizona. So, when you hire Griffen & Stevens Law Firm, PLLC to represent you, we launch an immediate investigation to start building your defense. This includes:
- Obtaining police reports, video footage, and other evidence related to your arrest
- Analyzing your breathalyzer, chemical, or field sobriety test results for accuracy issues
- Provide evidence of improper calibration logs or procedural errors.
- Interviewing witnesses who may be able to testify on your behalf
- Filing motions to suppress any illegally obtained evidence
- Negotiating with prosecutors for a dismissal or reduced charges
- Developing a compelling case for trial if necessary
Understanding the DUI Legal Process
After a DUI arrest, you'll face two separate legal proceedings: the criminal case and the administrative license suspension.
The criminal case determines whether you'll be convicted of DUI and face charges. You'll have an arraignment where you enter a plea, followed by pre-trial hearings where your lawyer can argue for dismissal or file motions to exclude evidence. If your case isn't resolved, it will proceed to trial.
The administrative process is handled by the Arizona Department of Transportation and is concerned with your driver's license. You have just 15 days from your arrest to request a hearing, or your license will be automatically suspended. A member of our team will represent you at this hearing and present evidence to argue against the suspension.
We understand the stress and uncertainty you're facing, which is why we'll be there to guide you through the process every step of the way. Our attorneys will take the time to listen to your concerns, explain your options, and provide the aggressive representation you need to protect your future.