Being charged with a DUI in Chandler can be a daunting experience, but you don't have to face it alone. At the Law Office of James E. Novak, we are dedicated to providing you with a strong defense to protect your rights—as well as your future. Understanding the possible defenses to DUI charges is crucial in building your case, which is why we’ve outlined some of the most effective Chandler DUI defenses. Read on to learn more about the best ways to fight DUI charges.
Improper Traffic StopOne of the most common defenses in DUI cases is challenging the legality of the initial traffic stop. The police must have a valid reason, such as observing a traffic violation or reasonable suspicion of criminal activity, to pull you over. If the stop was conducted without justification, any evidence obtained as a result of that stop could be inadmissible. At the Law Office of James E. Novak, our Chandler DUI lawyer will thoroughly investigate the circumstances of your stop to determine if your rights were violated. If so, we will aggressively litigate a motion to suppress in hopes of putting an end to the prosecution’s case as soon as possible.
Faulty Breathalyzer TestBreathalyzer tests are not infallible and can provide inaccurate results due to various factors. For example, the device must be properly calibrated and maintained, and the test must be administered correctly. Factors such as medical conditions, certain foods, or exposure to chemicals can also affect the accuracy of the results. We will examine the maintenance records of the device and the administration of the test to identify any potential errors or issues that could invalidate the results.
Inaccurate Field Sobriety TestsField sobriety tests (“FSTs”) are often used by law enforcement officers to establish probable cause for a DUI arrest. If you fail FSTs, then the officer has the legal authority to arrest you and request you take a chemical test of your breath or blood. However, FSTs can be highly subjective and influenced by numerous factors unrelated to alcohol consumption. Poor lighting, uneven surfaces, medical conditions, or even nerves can affect your performance. By questioning the administration and conditions of the FSTs, we can argue that the results are not a reliable indicator of impairment.
Medical Conditions or MedicationsCertain medical conditions and medications can mimic the signs of intoxication, leading to false accusations of DUI. Conditions such as diabetes, acid reflux, or neurological disorders can affect your breath or physical coordination. Similarly, medications can cause side effects that resemble intoxication. Whenever necessary, Attorney Novak works with medical experts to demonstrate how these factors may have contributed to an arrest, challenging the prosecution's claim that our client was intoxicated.
Violation of Your RightsThroughout the DUI arrest process, you have specific constitutional rights that must be upheld. If law enforcement violated your rights at any point, such as failing to read your Miranda rights or conducting an unlawful search, it could impact the admissibility of evidence against you. At the Law Office of James E. Novak, we will meticulously review the details of your arrest to identify any rights violations and use them to your advantage in your defense.
Rising Blood Alcohol ConcentrationAlcohol absorption rates vary from person to person and can affect your blood alcohol content (“BAC”) levels over time. It’s possible that your BAC was below the legal limit while you were driving but rose to an illegal level by the time you were tested. This phenomenon, known as "rising BAC," can be a compelling defense. By presenting evidence of your drinking pattern and the timeline of events, we can argue that you were not impaired while operating the vehicle.
Secure the Assistance of an Experienced Chandler DUI Defense Attorney TodayFacing a DUI charge in Chandler can be overwhelming, but having a skilled attorney on your side can make all the difference. At the Law Office of James E. Novak, we have extensive experience in DUI defense and a deep understanding of Arizona DUI laws. Our team is committed to providing personalized, strategic defense tailored to the specifics of your case. We will investigate every aspect of your arrest, challenge the prosecution's evidence, and work tirelessly to achieve the best possible outcome for you. If you or a loved one has been charged with a DUI in Chandler, don’t wait to seek legal help. Contact the Law Office of James E. Novak today for a free consultation. 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.