Are there any defenses to a DUI charge?

In Arizona, a person may be found guilty of a DUI if they are found to be in physical control of a vehicle and they have a Blood Alcohol Content (BAC) of .08 or more. Therefore, any defense against a DUI charge must go to proving that the defendant was not in physical control of the car or that their BAC was lower than .08. One strong defense is the “lack of control” defense. This means that the defendant was not in physical control of the car. To make this defense successful, the defendant should be able to prove that they had no intention of driving the car. This could include showing that they did not have the keys to the car, did not have knowledge of the car being in motion, and were not even aware that they were in the car at the time of the accident. Another defense is that the defendant’s BAC was below the legal limit. To prove this, the defendant could present evidence of a lower BAC reading from a roadside breathalyzer test, or present evidence that they had not consumed any alcohol prior to the accident. Additionally, they could present evidence of a medical condition that impacts the results of the BAC test. Finally, the defendant could argue that the police officer did not follow the proper protocol when conducting the breathalyzer test. This includes presenting evidence of a lack of proper training of the officer that administered the test or a lack of accuracy of the breathalyzer machine. In all cases, the defendant needs to present evidence that supports their defense in order to present a convincing case to the court.

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Are there any defenses to a DUI charge?

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