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Affirmative Defense Options for DUI Cases

Some DUI cases occur with special circumstances that may permit a defendant to argue against an arrest. These affirmative defenses may not be available for every person charged with a DUI, but they can be helpful if the special circumstances apply to your case.

One of the most important things to do when facing DUI charges is to discuss your defense options with an experienced DUI attorney. Contact the knowledgeable Arizona DUI lawyers of Thompson & Volquardsen, P.C., at 602-510-9999 today if you have been charged with driving under the influence and require legal assistance.

What is Affirmative Defense?

With affirmative defense, a person must argue for their case instead of simply maintaining innocence until proven guilty. In general, the defendant must affirm that they have a rational reason why they are not guilty. This can require significantly more work on a defendant’s behalf. However, these defenses can offer legal opportunities for a defendant that may be crucial to having charges dismissed or sentencing lessened.

The following defenses may be available:

  • Improper arrest procedure
  • Improper blood or breath testing procedure
  • The driver had to drive, even if intoxicated

The driver would not have had physical control of the vehicle when arrested even without the presence of alcohol. In addition, a defendant may turn to these affirmative defenses and others with similar rationales for why they may have been wrongfully arrested for DUI.

Contact Us

If you have been charged with DUI, there may be defense options available for you that you have not considered. To learn more about these options, contact the Arizona DUI attorneys of Thompson & Volquardsen, P.C., by calling 602-510-9999 today.