Possibly. While an officer's error does not automatically mean your case will be thrown out, it can create powerful opportunities for your defense attorney to challenge the evidence against you. In the complex arena of DUI defense Arizona cases, procedural mistakes or a lack of proper legal justification can lead to crucial evidence being suppressed. If that evidence is central to the prosecution's case, it can indeed result in dismissal or a significantly reduced charge. The experienced DUI defense Arizona lawyers at Griffen & Stevens Law Firm, PLLC, meticulously examine every detail of a traffic stop and arrest to identify these potential weaknesses.
A DUI arrest is a high-pressure situation, but it's important to remember that the burden of proof rests entirely with the prosecution. They must demonstrate that the officer had a valid legal reason for every action taken and followed strict procedures. When they fail in that duty, your defense gains critical leverage. This overview will explain common officer mistakes and how a dedicated DUI defense Arizona legal team uses them to fight for your future.
How Officer Errors Can Lead to a DUI Dismissal
The foundation of any strong DUI defense is a thorough investigation into the arresting officer's conduct. The law sets clear boundaries for police interaction, from the initial reason for the traffic stop to the administration of sobriety tests and the final arrest. A misstep at any point can compromise the entire case. The attorneys at Griffen & Stevens begin by scrutinizing the police report, any available dash or body camera footage, and training manuals to assess whether the officer acted within the confines of the law and proper protocol.
When an officer makes a significant error, your lawyer can file a "Motion to Suppress." This is a formal request asking the judge to exclude certain evidence from being used at trial because it was obtained in violation of your constitutional rights. If the motion is granted and the suppressed evidence—like a breath test result or the officer's observations—is essential to the prosecution, they may have no choice but to dismiss the charges. Even if a full dismissal isn't achieved, successfully challenging evidence often leads to a more favorable plea bargain.
Common Types of Officer Mistakes in DUI Cases
Officer errors in DUI investigations can range from foundational legal missteps to technical failures in testing procedures. Identifying these mistakes requires a keen eye and deep understanding of both law and science. The Flagstaff DUI defense lawyers at Griffen & Stevens are adept at uncovering these issues, which often form the cornerstone of an effective defense strategy.
Lack of Reasonable Suspicion for the Traffic Stop
An officer must have a specific, articulable reason to believe a traffic violation or crime has occurred before pulling you over. A mere hunch is not enough. Common valid reasons include speeding, erratic lane changes, or equipment violations like a broken tail light. If the stated reason is vague, contradicted by video evidence, or simply unlawful, the entire stop may be deemed invalid.
Mistakes During Field Sobriety Testing (FSTs)
You have specific rights during a sobriety test. The National Highway Traffic Safety Administration (NHTSA) provides strict guidelines for administering Standardized Field Sobriety Tests (SFSTs), such as the walk-and-turn or one-leg stand. These tests are subjective and easily skewed by non-intoxicating factors like nervousness, medical conditions, or improper instructions.
- Improper administration or instruction. If the officer deviates from the standardized procedures, fails to demonstrate the test, or gives confusing instructions, the results are unreliable.
- Ignoring external factors. An officer must consider environmental conditions (like poor lighting or uneven pavement), your footwear, or any physical limitations you disclose. Failing to account for these can render their observations meaningless.
Errors in Breathalyzer Testing
Breath test devices are complex instruments that require strict adherence to operational protocols. An officer's failure to follow these rules can invalidate the results.
- Failure to observe the mandatory observation period. Arizona law requires a continuous 15-20 minute observation period before a breath test to ensure you do not vomit, belch, or put anything in your mouth, which could skew the result with "mouth alcohol."
- Improper calibration or maintenance. The machine must be regularly calibrated and maintained. Your attorney can subpoena maintenance records to check for lapses.
- Incorrect administration. This includes not providing proper instructions on how to blow into the device or using a machine they are not certified to operate.
Problems with Blood Test Procedures
While considered highly accurate, blood tests are vulnerable to errors in the collection and handling chain.
- Chain of custody breaks. There must be a clear, documented record of every person who handled the blood sample from the draw to the lab analysis. Gaps or errors in this paperwork can suggest contamination or tampering.
- Use of improper or expired kits. Blood draw kits contain preservatives and anti-coagulants. If the kit is expired or used incorrectly, the sample can ferment or clot, producing a falsely high BAC reading.
- Unauthorized personnel drawing blood. Under A.R.S. § 28-1388(E), only specific medical personnel or trained officers are legally authorized to draw blood for DUI purposes.
Failure to Read Miranda Rights at the Correct Time
While not required at the moment of arrest, if an officer questions you while you are in custody without first advising you of your right to remain silent and to an attorney, any incriminating statements you make may be suppressed.
Lack of Probable Cause for the Arrest
Reasonable suspicion justifies a stop and investigation, but a higher standard—probable cause—is required for an arrest. The officer must have facts indicating it's more likely than not that you were driving impaired. If the FSTs were performed poorly or the officer's report lacks concrete evidence of impairment, the arrest itself may be unlawful.
How a Skilled DUI Defense Attorney Fights for Dismissal
Finding a mistake is one thing; building a compelling legal argument around it to persuade a judge is another. This is where the experience of a seasoned DUI defense Arizona firm becomes invaluable. The lawyers at Griffen & Stevens take a proactive, detail-oriented approach to transform officer errors into a powerful defense.
Their process involves several key steps. First, they conduct an exhaustive case review, leaving no stone unturned. Then, they engage in strategic motion practice, filing precise legal motions to challenge the evidence. Finally, they leverage their negotiation prowess, using any successful suppression of evidence as leverage to seek the best possible outcome, whether that's a full dismissal or a significantly reduced charge.
Thorough Investigation and Evidence Review
The defense begins by obtaining and scrutinizing all discovery from the prosecution. This includes the police report, training records for the officer and any equipment used, calibration logs for breathalyzers, and full chain-of-custody documents for blood samples. They will also subpoena any available dashcam or bodycam footage, which often provides the most objective account of the stop and can contradict the officer's written report.
Filing Pre-Trial Motions to Suppress Evidence
Based on the investigation, your attorney will identify the strongest legal challenges and file formal motions. A well-argued Motion to Suppress can exclude the breath or blood test, the officer's observations from the illegal portion of the stop, or any statements you made. Winning one of these motions often devastates the prosecution's case.
Negotiating With Prosecutors for a Reduction or Dismissal
Before trial, your attorney will engage in discussions with the prosecutor. By presenting a strong motion and a clear willingness to take the issue to a hearing, they can often negotiate a dismissal of the DUI charge to a lesser offense (like reckless driving) or an outright dismissal, especially if the officer's error is clear and the evidence is central to the case.
Preparing for Trial
If a favorable settlement cannot be reached, your Griffen & Stevens attorney will be fully prepared to present your defense at trial. They can cross-examine the arresting officer on their mistakes, present expert witnesses to explain technical failures, and argue to the jury why the evidence is unreliable or inadmissible.
Facing a DUI charge in Flagstaff or Northern Arizona can feel overwhelming, but you do not have to navigate it alone. The consequences of a conviction are serious, impacting your driving privileges, finances, and personal freedom. If you believe the officer who arrested you made mistakes, it is crucial to have a legal team that knows how to identify and capitalize on those errors.
The Flagstaff DUI defense lawyers at Griffen & Stevens Law Firm, PLLC, combine sharp legal analysis with an aggressive defense strategy to protect your rights. By challenging every aspect of the prosecution's case, from the initial stop to the final test result, they fight tirelessly for the best possible resolution, including case dismissal.