Challenging DUI Evidence – Chandler

Evidence can be drawn from many areas in a DUI case. If you are facing DUI charges, a great amount of evidence will be brought against you in an effort to convict you. If you were asked to perform a field sobriety test, the police officer may have reported that you were impaired due to an inability to remain focused or to maintain balance. A chemical test such as a breath or blood test can come back with a blood alcohol content (BAC) reading of 0.08 percent or higher that will provide substantial evidence that you were driving while impaired.

If you have been charge with DUI in Chandler or elsewhere in Arizona, call Rosenstein Law Group at 480-248-7666 for a free consultation.

How We Will Defend Your Case

We can aggressively defend you against the accusations and the evidence. There is no evidence in a DUI case that our law firm cannot fight aggressively. The point of evidence is to prove that you were driving while intoxicated and the evidence in your case may prove that. But if we are able to show that the source of the evidence is invalid or that it was obtained through fraudulent or unconstitutional means, then we may have this evidence thrown out or disregarded.

A field sobriety test — a walk and turn test, for example — will be used to show that you were unable to keep your balance, thereby suggesting that you were severely impaired. We will show that the ground was uneven or the shoes you were wearing were compromised and any reasonable and unimpaired individual would make the same mistakes if they were in the same circumstances. As for lack of attention or inability to remember instructions, a police officer will say that this is a clear sign of intoxication. We will say that anxiety or nervousness causes these same reactions. Any reasonable individual who is being tested for intoxication will be nervous that he or she might not pass for whatever reason. These nerves can cause a lack of balance and many other symptoms that mimic intoxication.

Chemical Tests

A breathalyzer is a machine that tests alcohol content in the breath of an individual. The person breathes into the machine, and the alcohol in the breath ignites and causes a small explosion that produces a reading on the machine. This reading produces a BAC number. This is not a reliable test at all as there are many ways for this machine to produce a false reading:

  • Lack of calibration. These are extremely delicate machines that require constant calibration to provide an accurate reading. Some machines must be calibrated as often as every six months. If a machine is not properly calibrated, any reading it produces cannot be admitted as evidence.
  • Alcohol in the mouth. Due to the nature of this machine, it measures what comes into the machine, not what is actually in your body. If you have any alcohol in your mouth, then the reading produced on this machine will be substantially higher than your actual BAC.
  • Other studies have shown that if you hold your breath for 30 seconds or hyperventilate for 30 seconds immediately before taking this test, the results will be substantially higher or lower than if you were to breathe normally.

Lastly, a blood test is often used and is regarded as the most accurate of any test to determine BAC. It is scientific, it is administered by professionals and it allows for very little human error. This may be the most accurate and the most popular chemical test to determine BAC by a 10-to-1 margin, but when people are involved in the process of this test, human error is a factor and this is where we will attack the blood test. As humans, we make mistakes, we forget, we become absent-minded, we rush to make deadlines. The more hands that this blood sample passes through, the greater chance there is for human error and the greater chance we have of having this evidence thrown out.

Chandler DUI Attorney Serving You

If you have been charged with DUI in Chandler, Arizona, do not hesitate to speak with a Chandler DUI attorney from our firm. We have the skill and the experience you need to maximize your chances of a favorable outcome. We can provide you with answers to your questions about issues in your case, advice regarding any legal action you should take, discussion regarding your available options and the representation you will need.

Contact Us for a Free Consultation

We offer a free case evaluation so that you may obtain legal advice without any financial obligation or commitment on your part.

Contact our firm today to discuss your charges, your case and how our firm will be able to help you.


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