Safford DUI Defense Attorney

Attorney in Safford for Clients Facing Drunk Driving Charges

If you have been arrested for driving under the influence (DUI), you may be feeling stressed about the potential outcome of your case. Arizona law imposes harsh penalties for those convicted of DUI, including mandatory jail time – even for a first-time offense. Although the situation may feel overwhelming, it is important to remember that a DUI arrest does not automatically mean a conviction. In the United States, every defendant is considered innocent until proven guilty. It is the prosecutor's burden to prove your guilt beyond a reasonable doubt. Having a skilled Safford, AZ DUI defense lawyer representing you can make all the difference in the outcome of your case.

The lawyers at The Behan Law Group, P.L.L.C. have been fighting for clients charged with DUI for decades, and we know the potential weaknesses that may exist in the prosecution's case. We can evaluate your case to determine if there are potential challenges to any of the evidence that law enforcement alleges to have against you.

Was the Traffic Stop Valid?

The first factor in the case against you your Safford DUI defense attorney will look at is whether or not the traffic stop was legal. A police officer must have a valid reason for stopping a driver. This is referred to as "probable cause." If your lawyer can show that the stop was not justified, then any evidence gathered because of that stop could be ruled inadmissible by the court. Depending on what type of evidence is thrown out, it could weaken the case against you enough that the court could dismiss the charges.

Were the Field Sobriety Test Results Accurate?

Although many law enforcement agencies use field sobriety tests to determine the sobriety of a driver, these tests are notoriously known for being inaccurate. Given the subjective nature of the tests (results are based on the officer's "opinion") and the factors that can influence those opinions (the age, physical ability, medical condition, and nervousness of the driver), your lawyer may be able to challenge the accuracy of your test results.

Were the Blood Alcohol Concentration (BAC) Test Results Accurate?

Under Arizona law, the legal limit for BAC is 0.08 percent. If your BAC is over that amount, you will be charged with a DUI. If your BAC is 0.15 percent, the charges are elevated to an extreme DUI. You can also be charged with a CDL DUI if you hold a commercial driver's license and your BAC measures 0.04 percent. Arizona has zero tolerance for anyone under the age of 21 who consumes alcohol. If you are a driver under 21, and your BAC is anything higher than 0.00 percent, you can be charged with underage DUI.

The most common way to test a driver's BAC is through a breathalyzer test performed following an arrest. However, there have been many cases where our Safford DUI defense lawyers have challenged the accuracy of these test results. There may be issues with the calibration of the device used, or it may not have been properly maintained. The officer who administered the test may be inexperienced or not trained sufficiently. These are factors that may lead to the breathalyzer test results being ruled inadmissible.

Police may also conduct BAC testing by taking blood samples. Your lawyer can also raise doubts about this type of test, such as the qualifications of the person conducting the test or questioning the chain of custody for the sample testing and if proper protocols were followed.

If there was a lapse of time between the traffic stop and the BAC test, there is also a possibility that a "rising BAC" defense may be used. It is a scientific fact that it takes time for alcohol to be absorbed into the bloodstream. Your lawyer may be able to argue that when police initially pulled you over, your BAC was below the legal limit, but the time it took to transport you to the police station and finally conduct the test caused the level of BAC to rise.

Contact Our Safford, AZ DUI Defense Lawyer

In addition to the above potential challenges, your Safford DUI defense attorney can also raise issues about whether proper arrest procedures were used and whether any of your rights were violated during this process. Whether you have been charged with a first-offense DUI or marijuana DUI, or you have been deemed a repeat offender, The Behan Law Group, P.L.L.C. is here to advocate for you through every step of the legal process. Contact us at 520-220-5047 today to arrange a free consultation and find out how our firm can help.