Challenging DUI Evidence – West Mesa Justice Courts

One of the most common mistakes that people make after a DUI arrest for driving on the 101 Freeway on the Salt River Indian Reservation is assuming the evidence against them is undefeatable. This is especially true of people who are experiencing a first-offense DUI or an underage DUI. Regardless of what your charges may be, you must remember that you have rights and that there is always a possibility of defeating your West Mesa Justice Courts 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.

Good defense lawyers know that there can be many different types of issues with blood and breath tests’ accuracy. If you were pulled over on the Salt River Indian Reservation and the 101 freeway and are now being charged with a DUI based on the results of either a blood or breath test, you should contact an attorney immediately.

Contact a West Mesa Justice Court DUI Lawyer for Tough Defense

At Rosenstein Law Group, we represent clients with all DUI/DWI charges being handled by West Mesa Justice Courts. We have two of the only three Board-Certified DUI Law Specialists Defense attorneys in Maricopa County. Our firm knows how to examine blood and breath evidence and find the flaws that could provide the keys to your freedom.

When hiring a defense law firm, you must act quickly. Your DUI attorney needs to evaluate every aspect of the evidence brought against you as early as possible to build a compelling defense strategy that protects your rights. Over the years, Rosenstein Law Group has achieved countless dismissals and reductions for all types of DUI charges in the West Mesa Justice Courts and throughout Arizona. Our DUI attorneys are highly skilled at building a customized, effective defense strategy that challenges the evidence brought against you.

To learn more about possible defense strategies, call Rosenstein Law Group at 480-248-7666. Available 24/7.

Fighting Breathalyzer Tests

There are also specific devices that the Director has approved for use in the field. Those that the National Highway Traffic Safety Administration lists on their Conforming Products List of Evidential Breath Alcohol Measurement Devices fall under this category.

Other approved devices and models include:

  • Intoxilyzer Model 5000
  • Intoxilyzer Model 5000EN
  • Intoxilyzer Model 8000
  • RBT AZ (Alco Sensor AZ / RBT AZ)

Are Breath Tests Valid?

It is well-known that PBTs (preliminary breath tests) are not reliable, but police persist in persuading people to submit to them anyway. Under the stress of a traffic stop on suspicion of drunk driving, many people act without understanding their rights — and sometimes the “evidence” that is obtained in this manner is clearly flawed and cannot be verified.

Inaccurate Breath Test Evidence

When you were pulled over on the Salt River Indian Reservation and the 101 freeway, the arresting officer must determine whether you fit all the criteria for the breath test to be administered properly. The officer must observe the subject for at least 20 minutes to ensure the subject is not burping, hiccupping, vomiting, or otherwise doing something that would affect the test’s integrity and accuracy.

After 20 minutes, should the subject be suitable, the officer may administer the test. Following — at least 5 minutes after the first test, but no more than 10 minutes later — a test must be administered again. The results of the tests must be within .020 BAC of each other to be considered accurate; if not, results are considered to be “out of range.”

Similarly, other extenuating circumstances can affect the validity of these tests; for example, the machines are notorious for being delicate and in constant need of calibration. If they are not receiving this, there is no way to know that they are still operating correctly. The law dictates how long a machine can go between calibrations; however, the results would need to be thrown out if the machine went too long.

Flaws in Field Sobriety Tests

Field sobriety tests are among the most common tests law enforcement officers use to make a preliminary determination of impaired driving. There can be numerous issues with these tests, and it is often very possible to challenge the evidence gained from them.

Were There Flaws in the Roadside Tests in Your West Mesa Justice Court DUI Case?

At Rosenstein Law Group, our West Mesa Justice Courts DUI defense attorneys aggressively challenge the “drunk tests” given to our clients before they were arrested for drunk driving. To justify their case against you before the prosecutor, a police officer must be ready to explain the following:

  • Why they pulled you over in the first place
  • What kind of field sobriety tests they used to decide that you were driving while impaired
  • Whether they followed legal procedures for administering chemical tests to you, such as Breathalyzer tests or blood alcohol tests

Working to Protect You Against False Positives in Field Sobriety Tests

Our West Mesa Justice Court DUI defense lawyers’ job is to help ensure that all government levels respected a client’s rights: law enforcement, prosecution, trial, probation, and incarceration, if there is any jail or prison sentence. Considering the great stakes involved after you have been arrested for DUI while driving the 101 freeway on the Salt River Reservation, it often pays to scrutinize every detail related to the field sobriety tests and chemical tests used as a basis to charge you with drunk driving.

Challenge a Blood Test for DUI

Another common form of testing a subject’s blood alcohol concentration is the blood test. This is generally viewed as more scientific and accurate than the breath test, but there are still discrepancies. 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. Since these tests need to be taken by a trained technician, there are many circumstances where the samples could have been taken improperly or stored improperly. Compromising on any of these regulations may ruin the accuracy of the DUI blood test results.

Was the Blood Alcohol Testing Done Properly Before Your DUI Arrest in West Mesa?

Many biological factors can alter the results of a blood alcohol test. If the level of BAC in question lies somewhere on the borderline between DUI and extreme DUI, or between extreme DUI and super extreme DUI, stakes may be very high. You are strongly advised to consult with a West Mesa Justice Court DUI blood draw lawyer who will aggressively defend your rights.

Searching for a West Mesa Justice Courts DUI Lawyer?

Ultimately, the ability to challenge your DUI effectively rests on the abilities of your DUI lawyer. Without the help of a passionate West Mesa Justice Courts DUI attorney, you may show up in court with no evidence or legal support for your defense against your charges. You cannot afford to procrastinate with your case and with your future. Contact us online here or call our experienced team at Rosenstein Law Group for immediate help and aggressive defense!