Five Tempe DUI Defenses

Getting charged with a DUI in Tempe can be a frightening experience, but it's important to remember that you have options. At the Law Office of James E. Novak, we understand how overwhelming this situation can be, and we're here to help you through the process while minimizing your risk of being convicted. As stressful as pending DUI charges can be, it is important to remember that there are several defenses available for DUI charges, and a skilled Tempe DUI attorney can help determine the best approach for your case.

Charges of driving under the influence are extremely complex. However, this complexity also opens the door to a number of defenses. Some of the most common DUI defenses in Tempe include the following:

One of the first lines of defense in a DUI case is to examine whether the police had a legitimate reason to stop your vehicle. In order for a traffic stop to be lawful, the police must have reasonable suspicion or probable cause (depending on the situation). If the stop was made without a valid reason, any evidence obtained as a result of the stop may be inadmissible in court. This can lead to the dismissal of the DUI charges against you. And, even if the prosecution can continue on after your attorney successfully litigates a motion to suppress, the prosecutions’ case will be much weaker.

Breathalyzer tests are commonly used to measure blood alcohol content (BAC), but they are not always accurate. There are several factors that can affect the reliability of a breathalyzer test, including:

• Improper calibration of the device,
• Lack of proper maintenance,
• User error by the officer administering the test, and
• Medical conditions, such as acid reflux, that can skew results.

If there is evidence that the breathalyzer test was faulty, your attorney can challenge the results, potentially weakening the prosecution’s case against you.

Field sobriety tests (FSTs) are used by police officers to assess a driver's level of impairment. These tests include the walk-and-turn, one-leg stand, and horizontal gaze nystagmus. If you fail a test in the officer’s eyes, it can give them probable cause to arrest you for DUI. However, these tests are highly subjective and can be influenced by various factors such as:

• Poor road conditions,
• Inadequate lighting,
• Weather conditions, and
• Physical disabilities or medical conditions.

If any of these factors were present during your FST, your attorney can argue that the test results were not a reliable indicator of impairment.

Blood tests are often considered the most accurate method for measuring BAC, but they are not immune to errors. Issues such as improper storage, contamination, or incorrect handling can all affect the accuracy of a blood test. Additionally, the timing of the blood draw can impact the results, as BAC levels can fluctuate over time. An experienced DUI attorney can investigate the procedures used in your blood test to identify any potential errors that could be used in your defense.

The rising blood alcohol defense is based on the premise that your BAC was below the legal limit while you were driving but increased by the time you were tested. Alcohol takes time to be absorbed into the bloodstream, so if you consumed alcohol shortly before driving, your BAC might have been lower when you were behind the wheel. By the time you were tested, it could have risen above the legal limit. This defense requires careful analysis of the timing of your alcohol consumption, driving, and the BAC test.

Facing a DUI charge in Tempe can be daunting, but you don't have to go through it alone. The Law Office of James E. Novak is here to help you understand your rights and explore all possible defenses. Each DUI case is unique, and our team will work diligently to develop a defense strategy tailored to your specific circumstances. Contact us today for a free consultation and take the first step towards protecting your future. To learn more, and to schedule your free consultation today, call 480-413-1499. You can also connect with us through our secure online contact form.