Preparing a DUI Defense
• Obtaining and carefully reviewing the police reports for mistakes, omissions, inaccuracies and inconsistencies.
• Conducting comprehensive recorded pretrial interviews of the key officers, experts, and civilian witnesses involved in your case to determine all the facts, not just those included in the police report.
• Examination of Fourth Amendment search-and-seizure issues. Was the stop or seizure of your vehicle based upon reasonable suspicion of criminal activity? Was your subsequent detention lawful? Was there probable cause for the arrest?
• Examination of the Fifth, Sixth and Fourteenth Amendments; Miranda; right to counsel; and Due Process issues. Did the officers provide a reasonable opportunity to consult with counsel and to preserve potentially exculpatory evidence when such evidence was still available? Did they interfere with those rights?
• Consultation with an expert criminalist and/or toxicologist to determine whether the blood, breath or urine test was properly administered in compliance with Arizona law. Our attorneys review the maintenance, calibration and service records for the breathalyzer or gas chromatograph with an expert to determine if the testing instrumentation used in your case to analyze the blood, breath or urine was accurate, operating properly and maintained in proper working condition.
• In some cases, an independent chemical analysis of the blood sample is performed to be sure the test result obtained by the police is accurate, that the sample was properly preserved, and that it has not been contaminated.
• Consulting with the client after our investigation and legal analysis to determine whether a trial, negotiated settlement or other action makes the most sense.