Best Ways to Challenge DUI Evidence in Arizona
Your BAC reading shows that you’ve exceeded the 0.08 limit in Arizona and you’re facing DUI charges. Many people who are in this situation don’t even consider challenging the evidence and they take the verdict for granted. The truth is that a good DUI attorney can challenge the evidence. Here are a few of the top ways to challenge DUI evidence.
Most Effective Ways to Challenge DUI Evidence
Obviously, there’s no universal formula as far as challenging DUI evidence is concerned. A good lawyer will acquaint themselves with the specifics of the situation and the manner in which the evidence was gathered. Based on this information, one of the following evidence challenging approaches could be selected:
- Errors conducted during the administration or the processing of the sample. BAC tests aren’t always 100 percent accurate. Procedural errors or inexperience on behalf of the individual administering the test could lead to a false positive result.
- False positive because of several factors: a person can have a positive BAC test even when they haven’t consumed alcohol. Certain medical conditions like diabetes could cause a false positive. Other reasons for a false BAC test include GERD, heart disease and the use of the respective medications, environmental contamination of the sample, the consumption of fermented beverages, energy drinks, asthma inhalers, etc.
- A denial to take a second sample: everyone is entitled to have a second sample taken for their DUI attorney. If the police refuses the procedure, the defendant’s rights are violated. This provides an attorney with a perfect opportunity to challenge the evidence.
- Difference during testing and retesting: whenever the police lab and an independent crime lab produce two very different results on the BAC test, the attorney can challenge the evidence.
- Improper storage of the testing kit: police technicians who administer BAC tests have to store the kits in a specific way. Problems with the storage and prolonged exposure will often lead to a false positive.
- Processing at a hospital: whenever a sample is processed at a hospital instead of a criminology lab, the risk of error will increase. Hospital labs tend to be pretty busy. This means that the technicians could potentially fail following through with some of the procedures. Storage, transportation and testing of the evidence may be faulty because hospitals aren’t typically equipped to handle police evidence.
Both the results of a blood test and the breathalyzer examination can be challenged. Something as simple as the use of mouthwash before the administration of a breathalyzer test could interfere with the outcome.
If you find yourself in such a situation, don’t hesitate to share all of the relevant details with your lawyer. Even if you think that a certain line of behavior (or even the consumption of a certain beverage) is irrelevant, it could have a massive effect on the defense strategy.
What could Potentially Happen?
Whenever a lawyer is successful, the case could potentially be dismissed without any negative consequences for the defendant. This is why getting an experienced legal representative happens to be so important. Arizona is one of the states that have the harshest penalties for people guilty of DUI. If you aren’t represented properly, you could face the life-altering consequences of the sentence.
Your DUI attorney will usually start with retesting the sample. An independent lab will be employed and the defendant will typically be responsible for the charges. This, however, is a small cost to pay, especially if the results prove a mistake.
Even if evidence itself cannot be challenged, a lawyer will be very thorough in terms of examining procedurals. A simple mistake committed by the police officers or the technicians will also enable the dismissal of the case. Diligence will usually pay off and some weaknesses will be spotted by an experienced practitioner almost right away.