Can a DUI Be Dismissed in Arizona?

One of the most common questions after a DUI arrest is: Can this case be dismissed?

The answer depends entirely on the facts.  While DUI charges are serious, they are not unbeatable.  Many cases involve procedural errors, testing flaws, or constitutional violations that can significantly weaken the prosecution’s case.

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Common Grounds for Challenging a DUI

1. Illegal Traffic Stop

Police must have reasonable suspicion to initiate a stop.  If the stop lacked legal justification, evidence gathered afterward may be suppressed.

2. Improper Field Sobriety Tests

Field sobriety tests must follow standardized procedures.  Uneven surfaces, poor lighting, medical conditions, and officer error can undermine reliability.

3. No Probable Cause to Arrest

Police must have sufficient evidence to develop probable cause to arrest. If evidence does not meet the probable cause burden, charges may be dismissed for an invalid or unlawful arrest.

4. Breath Test Problems

Breathalyzer devices require proper calibration and maintenance.  Inaccurate readings may be challenged.

5. Blood Testing Issues

Blood samples must be collected, stored, and analyzed properly.  Chain of custody errors or contamination can raise doubt.

6. Right to Counsel Violations

If you request to speak to an attorney (which everyone always should) upon being arrested and the police do not allow you an opportunity to consult with an attorney of your choosing in private, your case could be dismissed or evidence can be suppressed.

Negotiated Reductions

Even when dismissal is not possible, charges may sometimes be reduced depending on evidentiary strength and prior criminal/DUI history.

Every Case Is Unique

No attorney can guarantee dismissal.  However, thorough investigation frequently uncovers issues that change negotiating leverage.

At Queen Creek Law Firm, we examine DUI cases from every angle to determine whether suppression, reduction, or dismissal is possible.  Contact us today to get started.

Disclaimer: This post is for informational purposes only and is not legal advice.  Reading does not create an attorney-client relationship.  Laws vary by state and individual circumstances.  If you have questions about your specific situation, consult with a qualified attorney.