Phoenix DUI Defenses

Even if you are pulled over and arrested for DUI/DWI, there are numerous defenses we can use to fight your DUI charge. These defenses include challenging the reason why you were pulled over, challenging your arrest, challenging evidence presented by law enforcement, challenging chemical blood-alcohol content (BAC) tests, challenging field sobriety (FST) tests, and challenging the felony aggravated DUI charges.

List of DUI Defenses

Fighting the DUI Stop

A police officer must have reasonable grounds to pull you over. If the police officer did not have a valid reason to pull you over or did not actually see you driving, we can challenge the entire stop and can fight to have all the evidence excluded.

Fighting Probable Cause for Arrest

Before a police officer can arrest you, he must have a sufficient basis for concluding that you were driving or operating a motor vehicle under the influence of alcohol or drugs. There are a variety of factors a police officer can assess, but the police officer must be able to identify the specific basis on which the probable cause was established.

Fighting the Chemical and Field Sobriety Tests

There are numerous defenses in challenging a Breathalyzer. These challenges include that:

• the machine was not working properly
• the test was not properly given
• the operator was not knowledgeable or certified in the operation of the machine
• the observation periods were not maintained
• the body temperature was higher than assumed giving a false positive result

Blood tests can be challenged on the basis of:

• chain of custody
• contaminated samples
• improper blood draw procedures
• improper training of the phlebotomist
• the blood sample is not the defendants

Field sobriety tests can be fought on the grounds that:

• the police officer giving the tests did not have sufficient experience or training in giving the test
• the tests are empirically subjective
• the defendant is uncoordinated or simply physically unable to do the tests

Fighting the Felony Aggravated DUI

Because of the extremely serious and overly punitive penalties for felony aggravated DUI convictions, it is extremely important to fight those charges during each step of the process. The prosecutor must establish, beyond a reasonable doubt, that the convicted had prior convictions, had a suspended license, or had a person under the age of 15 present in the vehicle while driving under the influence. Therefore, we fight these charges on the basis that the defendant was not aware that their license was suspended or that it was truly not suspended. We may also be able to fight the introduction of the prior convictions for DUI.

Contact Us

If you have been charged with DUI or DWI, please contact our DUI and DWI Lawyers for a free, personal, and confidential consultation. We offer quality and aggressive defense with affordable attorney's fees. You can contact the Law Offices of Michael Cordova at 602-265-6700.

Our attorneys not only work on DUI and DWI cases but in other criminal defense and DUI areas, as well as Personal Injury, car accidents, Wrongful Death, dog bites, motorcycle accidents, and product and premises liability, so please contact your local Phoenix attorneys for a free consultation.

*Contingent fees are charged on total recovery. **No Fee Guarantee applies in the event there is no recovery.