How to Get an Arizona DUI Charge Dismissed or Reduced
Facing Arizona DUI charges can be stressful on you and your entire family. Besides the penalties that can come with a DUI conviction, including jail time, interlock requirements, license suspensions, fines/fees, and others—some folks will also face other collateral consequences outside of the courtroom. These can include things like loss of employment and/or professional license suspension or even expulsion in some circumstances.
Charges Are Not Convictions
However, an Arizona DUI charge and conviction are two completely different things. Just because you are charged with a DUI, does not mean that you will be convicted with a DUI. There are lots of steps that need to happen between a DUI charge and a conviction of any sort. How long does a DUI case last? Well, (as is the common lawyer answer) that depends. Some cases resolve relatively quickly and others can last in excess of one year. The bottom line is, there is a lot of work to do on a DUI case, and that work needs be done well—no matter how long it takes. Justice cannot give way to the government’s desire to move people through the system as quickly as possible.
One of the things I hear most from my clients is:
“what can you possibly do for me? I got a DUI charge, they have chemical tests, they think I’m guilty–that’s it right?” —>WRONG!
What I do when defending against DUI charges is investigate the investigation. When mistakes are made during law enforcement’s investigation of DUI charges, it can lead to false arrests and charges, constitutional violations, over charging and other problems. If discovered, these problems can often lead to the charges being dismissed or dramatically reduced—depending on the seriousness of the flaw in the investigation.
Blood Testing
Other issues can occur other than in the investigation done by law enforcement. More times than people would think, issues occur in the chemical testing process. In fact, many folks would be shocked to learn how inaccurate some of the acceptable testing procedures are—especially when it comes to blood testing. When problems arise during the blood collection process, the storage process, the blood testing process, or the reporting process—often charges can be dismissed or dramatically reduced. Again, this happens more often than folks would generally think.
Breath Testing
The same goes with the breath testing procedures. The breath testing machines used to collect evidence are not accurate. They require extensive maintenance and calibration. There are sometimes issues with the maintenance and calibration of these instruments, which can lead to false positive readings and inflated reports of blood alcohol concentrations. The truth is, the slightest things can influence the reported results of breath machines (such as police radios, YES, police radios) and the circumstances of the environment of testing needs to be thoroughly examined during the DUI case.
Hiring A Dui Attorney
That said, having a DUI attorney that knows the science, the training law enforcement goes through and knows your constitutional rights is critical. Never let anyone tell you that just because the government suspects you might have committed a certain crime, that you are guilty of that crime. You have the constitutional right to a defense and to have an attorney of your choosing represent you.
After going through DUI cases with a fine-toothed comb, I am usually able to get DUI charges dropped to significantly lower charges—including non-DUI traffic tickets. Not too long ago, we were able to get a DUI charge dropped to a speeding ticket because our client was not under the influence, and we proved it to the prosecutor before having to spend the client’s money on costly litigation.
If you have legal questions about DUI cases, give me a call or text at (480) 363-0090 24/7 and I will sit down with you at no charge and discuss your case with you, and help you decide the best next steps. You can also submit questions and documents HERE.
