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Home Legal Practice Areas Criminal Defense

Steps You Can Follow to Defend Against a DUI Case

Lara Jelinski by Lara Jelinski
January 21, 2026
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Steps You Can Follow to Defend Against a DUI Case
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Phoenix has been around for a long time, starting as a farming place with canals and crops, and now it is a huge modern city with highways, technology, and lots of laws. Because it is so big and important, DUI cases are handled very seriously there. 

That also means the rules are very strict, and when rules are strict, they have to be followed exactly. This is why having a Phoenix DUI defense lawyer matters, because someone needs to know those rules very well and also notice when something does not line up the way it should.

Now, a lot of people think a DUI charge means the story is already finished, like the ending is written and there is nothing left to say. That is not how it actually works.

The most important thing to know is that a DUI case does not prove itself. The prosecutor has to show, clearly and carefully, that you broke the law beyond a reasonable doubt. That is a very high bar.

They have to show that the stop was legal, that the tests were done the right way, that the machines worked properly, and that the results actually mean what they say they mean. If even one of those pieces has a crack in it, the whole case can start to wobble.

A defense is about looking closely at every piece and asking, Does this really hold up, or does it fall apart when you look longer?

Table of Contents

  • Steps You Can Follow to Defend Against a DUI Case
  • Key Takeaways

Steps You Can Follow to Defend Against a DUI Case

This is the part that really answers the big question, and it is the biggest part for a reason. Defending against a DUI case usually means checking many different things, not just one. Each step matters because DUI cases are built from many small details stacked on top of each other.

Looking at the Traffic Stop Itself

Everything starts with the stop. Police officers are not allowed to pull someone over just because they feel like it or because they have a hunch. They need a real reason, like speeding, swerving, or breaking a traffic rule they can explain.

If there was no good reason for the stop, that matters a lot. When a stop is not legal, anything that comes after it can sometimes be thrown out, like if you knock over the first block in a tower and the rest come crashing down.

Questioning Breathalyzer Test Results

A lot of people think breathalyzers are perfect machines that never make mistakes. That is not true. Breathalyzers do not actually measure blood alcohol directly. They guess, based on breath, and then use math to estimate a number.

Different bodies work differently. Things like body weight, breathing style, temperature, and even certain medical conditions can change the result. Machines also need to be calibrated and maintained the right way, or they can give numbers that are too high.

Even when everything seems fine, breath tests still have a margin of error. That means a number close to the legal limit is not as clear as it sounds.

Understanding Rising Blood Alcohol Levels

Alcohol does not hit your body all at once. It can take a long time to fully absorb, especially depending on what you ate and when you drank. This means someone’s blood alcohol level can be lower while driving and higher later, when the test is taken.

This is called rising blood alcohol, and it can be a real defense in some cases. If the test happened much later, the number may not reflect what was happening at the time of driving.

Looking for Medical Conditions That Affect Results

Some medical conditions, for instance, diabetes, acid reflux, or special diets, can cause false readings on breath tests. They would actually create substances in the mouth or breath that machines mistake for alcohol.

There are even rare conditions where the body makes alcohol on its own. These are not excuses but real medical facts that need to be checked carefully.

Reviewing Blood Test Handling and Storage

Blood tests also have rules. The blood has to be drawn correctly, stored correctly, and tested correctly. Blood can change over time, especially if it is not refrigerated or preserved the right way.

If they eventually let the blood sit for too long, alcohol will definitely form in the sample even if it was not there in the first place. That can lead to very high numbers that do not match reality.

Making Sure There Is Proof of Driving

In every DUI case, the prosecutor has to show that the person was actually driving. That sounds obvious, but it is not always clear.

Sometimes someone is found in a parked car, or near a vehicle, or after an accident with no witnesses. Without proof of driving, the case can become much weaker.

Key Takeaways

  • A DUI charge does not mean the case is already finished. Getting charged is just the start. It doesn’t mean someone already lost. There is still stuff that has to be checked and proved.
  • Police can’t just stop someone because they feel like it. They have rules they must follow, step by step. 
  • Breath and blood tests are not perfect.  
  • There has to be proof that the person was actually driving.
Lara Jelinski

Lara Jelinski

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