Nogales, Arizona DUI Attorneys

Dedicated Criminal Defense Lawyers Fighting for DUI Dismissals and Acquittals in Nogales

Law enforcement officials can be very good at making people who have been arrested feel as though they are doomed to be convicted. Falsely claiming that the evidence is flawless and overwhelming in order to encourage a confession is a common police tactic. This tactic is used in cases ranging from simple DUIs to major sex crimes. If you have recently been arrested for driving while impaired, you should know that the evidence is rarely as strong as it initially appears.

While it is normal to be anxious about the potential sentencing you could face if you are convicted, you should be focused on the defenses you may have. An experienced Nogales, AZ DUI attorney is in the best position to tell you what legal defenses you may have available based on the individual facts and circumstances of your case.

The Behan Law Group, P.L.L.C.'s founding attorney, Michelle Behan, serves as the State Delegate for Arizona for the National College for DUI Defense. She is Board Certified in DUI Defense and has previously served as a Special Agent for the Federal Bureau of Investigation. Her investigatory skills in DUI cases are unmatched. If you have a legal defense based on faulty evidence or law enforcement's failure to respect your constitutional rights, she and the other skilled attorneys at The Behan Law Group, P.L.L.C. will identify it. You can be sure that your case will get the time and attention you deserve from our practiced trial attorneys.

DUI Blood and Breath Tests

When prosecuting DUI cases, the state very commonly relies on chemical tests used to establish the defendant's BAC. You were likely told the results of your blood or breath test when you were arrested. When the results of a BAC screening are excluded from court, the state's case often crumbles.

Both blood and breath tests can be flawed. There are extremely specific procedures the police must follow when administering a breath test or handling the evidence after a blood draw. Failing to follow these procedures exactly can mean that the test results may be inaccurate.

Chemical tests used to identify drug-impaired drivers are also imperfect. Certain over-the-counter drugs and even some foods can trigger a false positive on a drug test.

The Problems With Field Sobriety Testing

Field sobriety testing is far less scientific than the police would have you believe. Outside factors that have nothing to do with a driver's level of intoxication can have an impact on test results. Anything from a health condition to poor weather or the wrong pair of shoes can cause a sober person to perform poorly on a field sobriety test. A suspect who is merely clumsy or struggling to hear the police officer's commands over the noise of traffic on a highway may fail the test without being intoxicated.

When Is a Traffic Stop Unconstitutional?

The police are not allowed to pull over whoever they please without a lawful reason. To make a traffic stop, the police must have an objective, articulable reason to suspect that you were driving under the influence or breaking another law. Traffic stops based on a mere hunch or those that are carried out for discriminatory reasons are unconstitutional.

If the traffic stop itself was illegal, any evidence stemming from that traffic stop must be excluded from court. When our attorneys can prove that constitutional rights were violated in this way, it is nearly always fatal to the state's case.

Contact Our Nogales, AZ DUI Defense Lawyers

The Behan Law Group, P.L.L.C. is committed to providing the best representation possible for people who have been accused of DUI. Our highly experienced Nogales, AZ DUI defense attorneys will fight to have your case dismissed or to see you found not guilty at trial. Contact us at 520-220-5047 for a complimentary consultation. Se habla Español.