Phoenix DUI Lawyer Blog

How the Best DUI Lawyers in Gilbert AZ Fight DUI Charges

If you were arrested for a DUI in Gilbert AZ you have the right to fight your DUI charges. The very first thing you need to do is to consult an experienced criminal defense or DUI lawyer who defends DUI charges often in Gilbert AZ.

If you wish to fight your DUI charges, you will need to retain a good Gilbert AZ DUI or criminal defense attorney. This is due to the strict DUI laws in Arizona and severe punishments if convicted. Even first time DUI charge with no prior criminal record carries mandatory sentencing of jail time. If that is not enough, the unfamiliarity of the criminal justice system is overwhelming. Many don't fight their DUI charges because they feel it is hopeless. The Mesa AZ criminal justice system can be a maze of unfamiliar laws, procedures, time-lines, and constantly changing Arizona DUI legislation.

There should be no secrets as to how your DUI attorney will fight your DUI. A good Gilbert AZ attorney will keep the lines of communication opened to keep you informed throughout the processes. Which defense strategies your Gilbert DUI lawyer will use, is will be based upon the circumstances surrounding your Gilbert DUI charges and arrest. Here are some examples of categories of defenses that some the best criminal defense Attorneys in Gilbert AZ use to fight DUI charges in Gilbert AZ:

• Challenging the reason for the DUI stop by the police officer. Why did they pull you over in the first place?);
• Challenging police observations at the time of the stop or arrest with credible and trustworthy witness testimony on your behalf that conflicts with the police report.
• Challenging evidence involving Field Sobriety Tests (FST). Results of FST have long been controversial. They are subjective in nature, and the one doing the grading is the police officer. Often FST results are considered to be inaccurate. It has been found that many individuals who are not driving impaired by drugs or alcohol can not pass the FST to the police officer's satisfaction.
• Analyzing the officer's conduct, and behavior along with obtaining information on prior history of disciplinary actions that may exist for this officer;
• Challenging accuracy and protocol of Breathalyzer, Blood, or Urine tests conducted. Your Attorney will evaluate issues such as transport, storage, and handling of the samples, to determine if proper procedures were followed. Accuracy of the tests results can be challenged by having the sample retested by an independent lab. (The police generally will give you a second sample on the spot at the time it is taken for your defense. If they do not offer, be sure to ask hat a second sample be taken for your defense attorney.);
• Obtaining exculpatory evidence in favor of your defense;
• Presenting compelling arguments to the prosecution and filing motions with the court regarding weaknesses or flaws in their case against you;
• Determining if any of your Constitutional Rights were violated.

The chances of getting a DUI dismissal or "not-guilty" verdict will increase significantly by retaining the legal representation of an experienced DUI defense attorney who defends DUI and criminal charges in Gilbert AZ court. The best DUI attorneys will know which defense tactics to build and mount on your behalf. According to the constitution you have the right to obtain an attorney. Make sure you select a seasoned DUI lawyer who will know what defenses to use and how to mount the most effective defense that will lead to the best outcome in your case.