5 Valid DUI Defenses You Can Expect from an Expert Lawyer

By  //  October 4, 2023

Being accused of DUI (driving under the influence) can be highly stressful and drastically impact your life. A DUI conviction can have severe legal repercussions, including fines, license suspensions, and social humiliation.


However, it’s crucial to remember that everyone deserves a just defense, and an experienced attorney can use one of the numerous good DUI defenses to defend your rights.

Hiring a lawyer might make all the difference in how your case turns out if you face DUI charges. A knowledgeable DUI defense lawyer is familiar with the nuances of DUI statutes, police tactics, and the many defense options available to contest the accusations brought against you.

We’ll look at some of the most convincing DUI defenses in this blog, which you can anticipate from a knowledgeable DUI attorney like Aaron Black. Understanding these tactics will help you better appreciate how a knowledgeable attorney can defend your interests and lessen the adverse effects of a DUI charge on your life.

  • Breath Alcohol Testing Can Be Inaccurate

Breathalyzers, also called breath tests, measure the amount of alcohol in your blood and locate any alcohol-related particles in your lungs. This indirect method of measuring your blood alcohol level may give you an inaccurate reading because a single test cannot tell you how much alcohol is in your system.

The partition ratio compares the amount of alcohol in the blood and the breath or lungs. The assumption of a single partition ratio rating is the foundation of breath alcohol testing. However, individuals may have partition ratios that differ from those used as the foundation for the breath alcohol test due to variations in human physiology.

A Phoenix DUI attorney can assist in identifying breath testing concerns that could result in a legitimate challenge to the breath tests used in conjunction with a forensic toxicology expert.

  • Field Sobriety Test Is Inaccurate or Invalid

Field sobriety tests that are “standardized” are just that—standardized. To even be regarded as a reliable predictor of “cues of impairment,” a test must be administered and completed consistently. 

According to research, these tests are only about 60% to 70% accurate, and they are utterly useless when used on older adults, people with disabilities, or those who are obese.

The term “standardized” refers only to some field sobriety tests. The National Government and the National Highway Transportation Safety Administration DO NOT RECOMMEND standardized field sobriety tests such as “Finger to Nose” tests, Rhomberg-Modified balancing tests, or reciting the alphabet. Even some police agencies do not accept specific exams. At best, they are questionable as evidence of impairment at trial.

A skilled DUI lawyer may be able to challenge these field sobriety tests with some success, mainly if there have been no allegations of reckless driving, the investigating officer is incompetent, or the tests have not been administered correctly.

  • The Suspect Could Not Contact an Attorney During the DUI Investigation

Everyone has the right to legal advice before or after imprisonment during any criminal inquiry. A suspect in a DUI investigation in Phoenix has the right to speak with legal counsel if doing so won’t unduly slow down or obstruct the inquiry. 

The state has the burden of demonstrating that any deprivation of the right to counsel would have interfered with the DUI investigation if the defense files a motion to dismiss or suppress evidence on the grounds of deprivation of counsel; otherwise, the evidence will be suppressed and the charges will be dropped. 

When the state interferes with a defendant’s ability to confer with counsel, any evidence collected due to that violation must be suppressed, and frequently, the remedy is to drop the charges.

  • Illegal Stop of Person or Vehicle

A motorist cannot be detained unless there has been a breach of traffic or other law, and they cannot be stopped unless reasonable suspicion exists.

The burden of demonstrating that all evidence was collected legally and according to the Fourth Amendment of the US Constitution is with the state in all criminal proceedings. Every person is shielded from arbitrary searches and seizures under the Fourth Amendment. 

A policeman cannot pull over a driver based on a “hunch” or an educated assumption. Similar to this, it is not illegal to drive after hours or after leaving a pub. Any further seizure or evidence gathered after a traffic stop must be justified by an officer’s ability to provide an objective justification.

A defense lawyer can examine a case to decide whether or not a motion to suppress evidence needs to be made when there is no valid reason for the traffic stop.

  • There Is No Proof the Suspect Is Operating the Vehicle or Has Actual Physical Control

Laws in Phoenix require motor vehicle drivers to exit the road safely when they realize they endanger other drivers. DUI charges should not be brought against a driver who is not in actual physical control of a motor vehicle or who is intoxicated but not operating a motor vehicle. 

In these circumstances, the jury must decide whether the driver was merely sheltering in the car until they regained their sobriety or whether they posed a threat or hazard to other drivers. The driver is not necessarily in actual physical control just because the engine is running or the key is in the ignition. 

Suppose a defendant was in actual or imminent control of the vehicle at the time of the alleged incident. In that case, the jury must consider the “totality of the circumstances” to decide whether the defendant posed a genuine risk to himself or others. 


A glimmer of light can be found during a trying time if you know the legitimate defenses that an experienced attorney can use on your behalf when navigating a DUI charge. 

We’ve looked at several essential defense tactics that can be utilized to refute DUI accusations and safeguard your rights. These arguments, which range from evaluating the legality of the traffic stop to challenging the reliability of the breathalyzer and field sobriety tests, can significantly alter the result of your case.

It’s crucial to stress that DUI cases are highly complicated and fact-specific. The success of a defense plan hinges on the particulars of your arrest and the skill of the legal counsel you have on your side. When facing a DUI arrest, the most important thing you can do is speak with a knowledgeable and experienced DUI defense attorney.

An experienced attorney will evaluate the specifics of your case, develop a defense plan specific to your circumstances, and fight tenaciously to defend your rights. Their understanding of local DUI laws, judicial protocol, and evidence-challenging skills might be crucial in helping you get the best result.