Are there any legal defenses available to fight a DUI charge?

In Arizona, the legal defense available to fight a DUI charge varies depending on the details of the case. Generally, all DUI cases are subject to the “implied consent” law, which requires a driver to submit to a chemical test to determine the presence of alcohol in their blood or breath. Drivers who refuse to submit to the test can be subject to harsher penalties. The most common legal defense against a DUI charge is to argue that the law enforcement officer did not have “probable cause” to make the stop and arrest. This means that the officer must have had enough evidence to believe, before the stop and arrest, that the driver was under the influence of alcohol or drugs. The defense may also argue that the breathalyzer or blood test was not properly administered or had incorrect results. Another legal defense is to argue that the alcohol or drugs did not impair the driver’s ability to operate a vehicle safely. This may be done by presenting evidence that the driver was not driving erratically, was not speeding, and was not exhibiting other signs of impairment. Lastly, it may be possible to prove that the impairment was caused by some other factor, such as medication or fatigue. This defense, however, is often difficult to prove in court, as the burden of proof rests with the defendant. In any situation, it is important to seek legal counsel immediately to determine the most appropriate defense strategy. An experienced attorney can help develop a comprehensive defense and present evidence to the court.

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Are there any legal defenses available to fight a DUI charge?

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