The less leeway there is in the charging and sentencing of DUI offenses, the harder it is to mount an effective defense to the charges. An experienced Tuscon criminal lawyer has stated that Arizona’s DUI laws have evolved as they have gotten tougher so that the offenses are defined in great detail, the penalties are more mandatory than ever and are also strictly specified, and there is less room for judicial discretion or interpretation of the law, all of which make it harder than ever to defend against Arizona DUI charges.
But when it gets harder to create an affirmative defense, the plan then shifts accordingly—in those cases, the best defense really IS a good offense, and that is the strategy to pursue. There are always points to make and flaws to find that can weaken the prosecution’s case enough that there isn’t enough left to sustain a guilty verdict.
The best way to building an effective defense is therefore about finding the cracks in the prosecution’s case and inserting your own causes of doubt into the voids:
• Requesting independent testing of all samples
• Looking at possible flaws in the methodology and practices of the testing used
• Looking for inconsistencies in statements documented in police reports, interviews and case summaries
• Looking for investigative errors like police procedures not followed, questions not asked or tests not done
• Verifying the calibration and reliability of equipment, laboratories and test used
• Double-checking the analysis of test results
• Seeking testimony from expert witnesses and witnesses that weren’t questioned by police or whose statements were disregarded
• Accounting for every minute of the investigative process to find unaccounted-for time that could open the door to errors or doubts
• Double-Confirming each step in the chain of custody of samples and evidence
• Looking at officer training on test administration
There is always a way to assert a vigorous defense in an Arizona DUI case, it’s just that sometimes a different approach is needed to find the flaws in the other side’s case. When you need a Phoenix criminal lawyer who will dig into every detail of your arrest from the probable cause to the booking process until the gaps are found and who is ready to fight hard to defend you!