Why You Need a DUI Attorney
To Challenge the Stop
- Police must have at least reasonable suspicion to conduct a traffic stop. Oftentimes that reasonable suspicion is based on an officer's perception (for example, speeding, following too closely, failing to maintain your lane, unsafe lane change) rather than on hard facts. For example, a police officer may have approached you after you sat in the driver's seat after leaving a bar, resulting in a DUI without even driving. The attorneys at MayesTelles are trained to identify and challenge the basis for a DUI stop and determine whether or not it was reasonable.
To Challenge Probable Cause
- Once you are pulled over for DUI, an officer must establish probable cause to arrest you. Probable cause can be based on admissions to drinking, the odor of alcohol, observations regarding your eyes, speech, balance, and other factors. These factors are often based on an officer's perceptions rather than on hard facts. The attorneys at MayesTelles know how to identify and challenge whether there was probable cause to arrest you.
To Challenge the Field Sobriety Tests
- If you performed field sobriety tests, which include HGN (Horizontal Gaze Nystagmus or the pen test), walk and turn, and a number of other tests, the officer will have made judgments on your performance and included those in his or her report. No matter how well you think you performed or may actually have performed, officers are predisposed to interpret results to suit their goals -- to arrest you. The attorneys at MayesTelles are experienced in challenging the officer's conclusions regarding your performance on field sobriety tests as well as the nature of the tests themselves.
To Challenge Blood/Breath Testing
- Whether you gave a breath sample or a blood sample, it's important to re-test that sample, analyze the circumstances under which it was handled, transported, and tested, and check that all testing equipment was working properly. The attorneys at MayesTelles know the weaknesses in the testing process and how to challenge those weaknesses when they appear.
To Challenge Actual Physical Control
- There are DUI arrests and convictions that result where no witness can put the driver behind the wheel. Oftentimes those arrests are based on admissions, circumstantial evidence regarding who was driving, or other factors. When those circumstances arise, the attorneys at MayesTelles know how to make the government bear the burden of proving you were driving.
To Challenge Officer/Witness Credibility
- For every officer patrolling the streets, there is an officer personnel file. Sometimes obtaining and reviewing that file results in a basis to challenge an officer's credibility and the statements and conclusions he or she made about you in a police report. The attorneys at MayesTelles investigate officers and witnesses and their backgrounds and raise challenges when they are available.
To Negotiate a Lesser Charge
- Sometimes the evidence is there, dismissal on a constitutional or technical basis is unlikely, and you are likely to lose your DUI case at trial. Even in those situations, the attorneys at MayesTelles are often successfully able to negotiate a result that is better than a conviction at trial, for example, a plea to reckless driving, to a less serious DUI-related charge, or to a non-drug DUI charge in the case of DUI drugs that may prevent revocation of your license. Many of these techniques can only be employed through an experienced attorney who knows the courts, the prosecutors, and the system.
To Keep Your Driver's License
- A DUI arrest almost inevitably results in a suspension of your license unless you timely request a hearing and successfully challenge the arrest through the Arizona Department of Transportation. A conviction for DUI drugs, multiple DUI convictions, reckless driving convictions, or a combination of the two, can result in the revocation of your license and the need to reapply for a license, be screened for reinstatement, and pay significant fees throughout the process. The attorneys at MayesTelles know when and how to challenge a license suspension and how to navigate the system to minimize your risk of losing your license for a prolonged period of time.
To Take Every Possible Step to Protect You
- Being charged with a DUI can be a scary proposition. Most DUI offenders have no prior record and are unfamiliar with the court process. Every case is different. The attorneys at MayesTelles PLLC know how to evaluate your needs, evaluate your specific goals, evaluate your unique case, and employ the best possible strategy to avoid or minimize the consequences of your DUI arrest.