Challenging DUI Evidence- Fountain Hills

Regardless of what your charges may be, you must remember that you have rights in Fountain Hills and that there is always a possibility of defeating your DUI charges. To do so, however, you need a skilled and experienced legal advocate who knows how to protect you both in and out of Court.

One of the most common mistakes that people make after a DUI arrest is assuming that the evidence against them is undefeatable. This is especially true of people who are experiencing a first-offense DUI or an underage DUI.

Over the years, Rosenstein Law Group has achieved countless dismissals, jury acquittals and reductions for all types of DUI charges in Phoenix and throughout Arizona. Our DUI attorneys are highly skilled at building a customized, effective defense strategy that challenges the evidence brought against you, and we have provided some information about how we accomplish this.

Fighting Breathalyzer Tests

Breathalyzer tests are one of the most common methods used to detect a driver’s BAC (blood alcohol content) and to arrest drivers for DUI in Arizona. Even though this method is used all the time, it is prone to a wide variety of testing errors that may render the results unreliable and faulty. The main device that Arizona law enforcement officers use to detect BAC operates on infrared spectroscopy and/or fuel cell technology. Both technologies work to detect the amount of alcohol present in your breath and then to convert that number into the percentage of alcohol present in your blood. This process of conversion is not always done correctly, and factors such as the environment and your unique physiology can influence the results.

Every person has a unique chemical makeup and a variety of physiological factors that may adversely affect a DUI breath tests. Elements such as mouth alcohol, rising blood alcohol level, heartburn, GERD, and acid reflux can all influence the results of a breath test and may produce a false BAC reading.

Additionally, procedural errors can also influence and mar the results of a breath test. These types of errors can include improper police conduct or misconduct caused by not following proper procedures. Our team knows what to look for to determine if procedural errors played a role in your DUI arrest, and we will carefully examine every possibility on your behalf.

Flaws in Field Sobriety Tests

In addition to breath testing, law enforcement officers throughout Arizona will frequently use a combination of field sobriety tests to determine if a driver is intoxicated or too impaired to drive. These mental and physical exercises are administered on the road beside your car and every aspect of your performance will be taken into consideration. If you perform poorly, there is a high chance that you will be arrested for DUI.

These tests are used often even despite the argument that they are unreliable and inherently flawed. Over the years, our firm has seen many DUI charges defeated because of faulty field sobriety test results, and we know how to dig deep into your case as well. Studies show that even the most reliable of field sobriety tests are only between 65 and 77 percent accurate at detecting whether a driver is intoxicated, which means that one of every three to four people who are arrested for DUI are not under the influence. Regardless of whether you have failed the Horizontal Gaze Nystagmus test, the Walk and Turn test, the One-Leg Stand test, or any other type of field sobriety test, our lawyers will make every effort to investigate your case and the potential errors that were committed.

How to Challenge a Blood Test for DUI

Blood testing is typically seen as the most reliable type of DUI testing, but its results are still subject to error and can be challenged in court. There are many ways that a blood test can be botched, including blood contamination, switched blood samples or fermented blood, and your DUI lawyer can help you gather the evidence you need to stand up for your rights. Arizona law imposes certain regulations on blood testing to ensure continuity and accuracy in test results. Some of these conditions include having a trained technician draw the blood, properly storing the blood sample, adequately mixing the blood sample and sterilizing the draw site with something other than an alcohol-based product. Compromising on any of these regulations may ruin the accuracy of the DUI blood test results.

Our firm can help you challenge your blood test results by having your blood sample retested by a private laboratory. This is known as a blood split, and may be able to determine that your first result was an inaccurate blood alcohol level.

Contact a Phoenix DUI Lawyer for Tough Defense

Ultimately, the ability to challenge your DUI effectively rests on the abilities of your DUI lawyer. Without the help of a passionate DUI attorney, you may show up in court with no evidence or legal support for your defense against your charges. You can’t afford to procrastinate with your case and with your future. Call us today at 480-248-7666 or contact us online for a free consultation. From our main offices in Scottsdale, we represent clients throughout Arizona.


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