Common DUI Defenses in Arizona

Being charged with DUI in Tucson is serious, but not every arrest results in a conviction. A strong defense strategy can protect your rights, challenge the State’s evidence, and in some cases, lead to reduced charges or even dismissal. Every case is unique, but below there are proven defenses that skilled attorneys use in Arizona DUI cases.

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Lack of Reasonable Suspicion for the Stop

Police officers must have a valid reason to pull you over, such as a traffic violation or observable impairment. If the stop was unlawful, evidence gathered afterward may be suppressed.

Unlawful Arrest or Lack of Probable Cause

Even after a lawful stop, police must have probable cause before making an arrest. If the officer lacked sufficient grounds, the arrest itself may be challenged.

Breath or Blood Test Errors

Breathalyzers and blood testing equipment must be maintained, calibrated, and operated correctly. Errors in testing or mishandling of blood samples can make results unreliable.

Field Sobriety Test Issues

Field sobriety tests are subjective and often administered under poor conditions. Factors like fatigue, medical issues, or uneven surfaces can lead to inaccurate results.

Rising Blood Alcohol Defense

Alcohol takes time to absorb into the bloodstream. It’s possible your BAC was below the legal limit while driving, only rising afterward when the test was given.

Medical Conditions or Prescription Medications

Certain medical conditions, such as acid reflux or diabetes, and some lawful medications, can create false positives in DUI testing.

Violation of Constitutional Rights

Improper searches, failure to read Miranda rights, or other constitutional violations can lead to suppression of evidence.

Building a DUI Defense in Arizona

Arizona has some of the strictest DUI laws in the country, with mandatory jail time, fines, license suspension, and ignition interlock requirements. The prosecutor will move quickly, which is why it’s critical to have a defense strategy in place as soon as possible.

At Damianakos Law, we examine every aspect of your case, including:

  • Whether the officer followed proper procedures during the stop and arrest
  • The reliability of breath, blood, and field sobriety tests
  • Any violations of your constitutional rights
  • The possibility of alternative explanations for test results

Our job is to find weaknesses in the prosecution’s case and use them to protect your record, your license, and your freedom.

For a full breakdown of how we defend clients, see our DUI Attorney Tucson page. You can also review the potential consequences of a conviction on our page about Tucson DUI Penalties.

Talk to a Tucson DUI Defense Lawyer

The sooner you act, the more options you have. At Damianakos Law, we investigate every angle and challenge every weakness in the State’s case. If you’re facing a DUI in Tucson, contact us today to protect your rights and your future.

FAQ: Tucson DUI Defenses

Can a DUI charge be dismissed in Tucson?

Yes. If the stop was unlawful, testing was inaccurate, or your rights were violated, the case can sometimes be dismissed.

What if I failed a breath or blood test?

Failing a test does not guarantee conviction. Test errors, improper calibration, or medical conditions may create reasonable doubt.

Is it worth fighting a first-time DUI?

Absolutely. Even first-time DUI convictions carry mandatory penalties in Arizona. A defense attorney may be able to reduce charges or penalties.

Can I represent myself in a DUI case?

You have the right to represent yourself, but DUI law is complex and highly technical. An experienced defense lawyer greatly improves your chances of success.

How soon should I contact a DUI lawyer after an arrest?

Immediately. The earlier you involve an attorney, the more opportunities there are to challenge evidence and protect your driving privileges.