Person handing another person breathalyzer

Why It’s Worth It To Fight Your DUI Charges

Faussette & Faussette Feb. 1, 2022

It is normal to wonder, “Should I fight my DUI?” when you are facing driving under the influence (DUI) charges. Many drivers mistakenly believe it is easier to pay the fine and accept the DUI charge instead of fighting it. While this approach might apply to other traffic violations, it does not apply to DUI charges in Arizona. A conviction for DUI can result in jail time, hefty fines, a revocation of the driver’s license, and other negative consequences.

It is worth fighting your DUI charges, and we are prepared to help you do it. As skilled DUI defense attorneys with decades of experience representing people facing criminal charges, including DUI, in Phoenix, Arizona, we can provide the legal advice you need to help you get the best possible outcome for your case. At Faussette & Faussette PLLC, we proudly serve clients in the Valley and surrounding cities, including Phoenix, Tempe, Glendale, Mesa, Gilbert, Goodyear, Peoria, and Chandler.

Possible Penalties for DUI in Arizona

You need to understand the possible penalties for driving under the influence in Arizona when considering whether or not it is worth fighting DUI charges. Punishment for DUI in Arizona can be rather severe. The criminal penalties depend on the type of DUI that was charged.

For a first-time DUI in Arizona, the minimum jail sentence ranges from 10 to 45 days, depending on the defendant’s level of impairment. A defendant will also face a license suspension of at least 90 days, as well as fines.

The full list of consequences of a DUI conviction in Arizona is not limited to jail time, fines, and license suspension. On top of these penalties, you may also have a harder time getting a job, not to mention that you may get fired from your current job. Your auto insurance company may also increase your premiums or refuse to renew your policy.

Individuals with a DUI conviction on their record also face a tremendous social stigma. You deserve a top-notch defense against your DUI charges.

Defenses for a DUI Charge

There are different defense strategies that can help you fight DUI charges to avoid a conviction or minimize the penalties. Some of the most effective strategies to fight against DUI charges in Arizona include:

  1. Inaccurate/unreliable breath test results. There are several reasons breath test results could be deemed inaccurate or unreliable. These include improperly calibrated or faulty testing devices, the officer’s failure to administer the test properly, a contaminated breath sample, and having a medical condition that produced a “false positive” result.

  2. Inaccurate/unreliable blood test results. If your DUI charges are based on blood test results, you could be able to challenge the accuracy of the blood test if you can prove that the test was not administered properly, fermentation occurred, or the blood sample was not handled or stored properly.

  3. Lack of reasonable suspicion. The U.S. Constitution protects drivers from unreasonable traffic stops. You cannot be pulled over for no reason. Law enforcement officers must have reasonable suspicion to believe that you are engaging or engaged in illegal activity. The lack of reasonable suspicion can be a strong defense strategy in your DUI case.

  4. Lack of probable cause. The U.S. Constitution also requires law enforcement officers to have “probable cause” to arrest an individual. In the context of DUI cases, it means that the officer must have a reasonable belief that you are guilty of driving under the influence in order to arrest you. If there was no probable cause to make an arrest, you might be able to use it to fight your DUI charges.

  5. Lack of actual physical control of the vehicle. Under Arizona law, a motorist may face penalties for DUI if they were driving under the influence of alcohol or drugs or had actual physical control of the vehicle. Thus, you can be arrested for DUI even if your vehicle was not moving when the police officer approached you. However, if the keys were not in the ignition—or you weren’t sitting in the driver’s seat—actual physical control may be disputed.

Contact a criminal defense attorney to identify the best defense strategy for your particular case.

Getting the Experienced
Legal Guidance You Need

As criminal defense attorneys who proudly serve clients throughout the greater Phoenix area, we are committed to helping people facing DUI charges attain the most favorable outcome possible. At Faussette & Faussette PLLC, we have earned a reputation for being zealous and relentless advocates for our clients. Reach out to our office in Phoenix, Arizona, to discuss your defense options.