Key Defenses DUI Lawyers Use in Court
Getting a DUI charge can be a stressful and overwhelming experience. In Phoenix, Arizona, DUI arrests remain a significant concern, with the Arizona Department of Transportation reporting over 27,733 DUI arrests statewide in 2023, and Maricopa County accounting for approximately 60% of these cases. These statistics highlight the prevalence of DUI charges and the critical importance of understanding available legal defenses.
Knowing what defenses lawyers use in these cases can help alleviate confusion. Working with experienced legal professionals like Suzuki Law Offices can make a significant difference in the outcome of a case. In this post, we take a closer look at some of the critical tactics DUI attorneys use to defend their clients in court.

Challenging the Traffic Stop
One of the more popular defenses concerns the legality of the initial traffic stop. Oftentimes, lawyers look at whether or not there was probable cause to stop the car in the first place. Should the stop occur without reasonable suspicion or probable cause, the defense could argue for the suppression of all subsequent evidence. In some instances, this strategy results in a charge being dropped.
Questioning Field Sobriety Tests
Officers use field sobriety tests frequently to determine whether drivers are impaired. These tests are subjective and prone to mistakes. Obstacles such as uneven terrain, insufficient light, or medical ailments can impair performance. Lawyers may argue that improper conduct or various factors influenced the tests, leading to questions about the results.
Examining Breathalyzer Accuracy
Blood alcohol content can also be measured with a breathalyzer. Nevertheless, these machines require accuracy and demand regular maintenance & calibration to ensure correctness. According to the National Highway Traffic Safety Administration, breathalyzer devices must meet strict standards and be properly calibrated to produce reliable results.
Attorneys typically review the device’s records to identify any inconsistencies or maintenance failures. Moreover, other factors like certain medications or medical conditions can influence test results and make their validity questionable.
Investigating Blood Test Procedures
Blood tests are more accurate than breathalyzers, but not perfect. The DUI lawyers might examine whether the sample was collected, stored, and analyzed properly. For most common laboratory tests, any violation of the protocol can cause contamination or inaccurate results. Lawyers point to those types of issues to undermine the strength of the prosecution’s case.
Highlighting Medical Conditions
Certain medical ailments can be mistaken for intoxication symptoms. Other conditions, such as diabetes or neurological disorders, may create symptoms similar to drunkenness. An experienced attorney will compile medical evidence to argue that these conditions, rather than the consumption of alcohol, may have factored into the way the client performed or the results of his or her test.
Arguing Rising Blood Alcohol Levels
Blood Alcohol Content (BAC) tests are time-sensitive. A defense could say that the driver’s BAC was below the legal limit when they were driving, but increased later due to absorption. This argument relies on comparing the timing of the BAC test with the time when the person was actually driving the car.
Focusing on Witness Testimonies
DUI defenses by DUI lawyers can also be built around witnesses. In many cases, lawyers look for statements from other passengers, witnesses, or even professionals to support the case. These statements may offer different perspectives, contradict the officer’s perspective, or support the defendant’s version of events.
Addressing Officer Conduct
The way the arresting officer conducts himself can make or break a case. If the officer is unprofessional or violates the defendant’s rights, this would be a significant issue for the defense. In legal defense, the whole focus tends to be on whether the officer acted properly, whether anyone’s civil rights were infringed, or whether the officer had a bias.
Using Video Evidence
Dash cams and body cams can sometimes provide valuable video footage. This can provide an objective account of the arrest that can contradict the officer’s claim if there is a conflict between the two. Defense attorneys could employ the footage to expose inconsistencies, procedural missteps, or the lack of signs of impairment observable to the naked eye.
Employing Expert Witnesses
Expert witnesses can also offer testimony that favors the defense. They may testify about the accuracy of tests, how a substance affects a person, or how a medical condition influences behavior. Their insights can help support the arguments of the defense and dispute the claims of the prosecution.
Conclusion
For those facing charges, it can be very useful to understand how DUI lawyers navigate the legal process on behalf of their clients. Every single case is different, so it actually depends on the situation and what evidence is available. Attorneys employ these defenses to uphold their clients’ rights and secure positive results for them.
