If you are facing a DUI charge in Arizona, one of your first priorities should be finding out what evidence prosecutors have against you. Building an effective defense strategy starts with understanding what you need to defend against—as your goal is to prevent prosecutors from using their evidence to prove your guilt beyond a reasonable doubt.

5 Common Types of Evidence in Arizona DUI Cases

Prosecutors in Arizona can use a variety of types of evidence to prove guilt in DUI cases. While every case is unique, if you are facing a DUI charge, you can generally expect prosecutors to rely on some (or all) of the following:

1. Your Blood Alcohol Concentration (BAC) Reading

Under Arizona’s implied consent law, you are required to provide a blood alcohol concentration (BAC) reading if the police stop you on suspicion of DUI (assuming that the police comply with the law themselves). If your BAC was over the legal limit at the time of your arrest (which is 0.08 percent for non-commercial drivers over the age of 21), this alone is enough to establish guilt under Arizona’s DUI statute.

2. Your Field Sobriety Test (FST) Results

Regardless of your BAC, you can also be found guilty of DUI in Arizona if you are, “under the influence of intoxicating liquor . . . [and] impaired to the slightest degree.” One way prosecutors often seek to prove intoxication and impairment is by relying on defendants’ field sobriety test (FST) results. If your arresting officer determined that you “failed” the FSTs, you can expect prosecutors to try to use this against you in court.

3. Dash Camera or Body-Worn Camera Footage

Prosecutors also frequently rely on dash camera or body-worn camera footage to prove intoxication and impairment. If dash camera footage shows you driving erratically or stumbling on the side of the road, prosecutors will argue that the footage serves as evidence of guilt. If the arresting officer’s body-worn camera recorded you slurring your speech or performing poorly on the FSTs, prosecutors will almost certainly present this footage as evidence of your guilt as well.  

4. Your Statements to the Police

If you made any statements to the police that suggest you knew you were too drunk to drive, prosecutors will almost certainly be planning to use your own words against you. While it is best to exercise your right to remain silent, most people either are not aware of their legal rights or feel pressured to talk to the police after being pulled over. If you said something that you think prosecutors might try to use against you, this is a fact (among many) that you will want to discuss with your DUI defense lawyer.

5. Your Arresting Officer’s Testimony

Along with your statements to the police, prosecutors are also likely to rely heavily on your arresting officer’s testimony. This could include testimony about why the officer decided to stop you, how the officer administered the breathalyzer, and how the officer assessed your performance on the FSTs. If you deny making statements to the police, prosecutors may also rely on your arresting officer’s testimony to contradict your denial.

How to Find Out What Evidence Prosecutors Have Against You

How can you find out what evidence prosecutors have against you? When you are facing a DUI charge in Arizona, you have the right to know what evidence prosecutors intend to use against you in court. Exercising this right involves engaging in the process known as “discovery.”

By taking discovery during your DUI case, you can compel prosecutors to disclose their evidence against you. If you submit timely and appropriate discovery requests, prosecutors are legally required to disclose their evidence before your trial. Importantly, prosecutors are legally required to disclose any “exculpatory” evidence as well; and, if they fail to do so (and you can prove it), this alone could potentially entitle you to a dismissal.

How to Fight Prosecutors’ Evidence Against You in Court

Let’s say prosecutors comply with their obligation to disclose their evidence before your DUI trial—and let’s say their evidence is enough to secure a conviction in court. How can you fight to avoid the life-altering consequences of a DUI conviction?

Even if prosecutors have the evidence they need, this doesn’t necessarily mean that you deserve to be found guilty. The prosecution’s evidence could be inadmissible; and, if prosecutors can’t use their evidence against you, they won’t be able to meet their burden of proof. Some of the grounds for seeking to exclude evidence from a DUI trial in Arizona include:

  • Asserting your Fourth Amendment rights;
  • Asserting your Fifth Amendment rights;
  • Exposing a break in the chain of custody;
  • Exposing a failure to disclose key evidence; and,
  • Raising issues with specific pieces of evidence.

With regard to raising issues with specific pieces of evidence, various issues can render specific pieces of evidence unreliable (and therefore inadmissible in court). For example, your high BAC reading could be the result of a tainted sample or a calibration issue with the breathalyzer device. Or, your supposed “failure” of the FSTs could be based on the arresting officer’s failure to consider alternate explanations for your inability to maintain your balance or walk heel-to-toe in a straight line. When you are facing a DUI charge, it is critical to consider all possibilities, and this is one of many reasons why it is important to have a highly experienced Phoenix DUI lawyer on your side.

Request a Free Consultation with a Phoenix DUI Lawyer at The Weingart Firm

From taking discovery to challenging the admissibility of the prosecution’s evidence in court, there are many ways an experienced Phoenix DUI lawyer can help you after a drunk driving arrest. If you are facing a DUI charge in Arizona, we encourage you to contact us promptly for more information. To schedule a free and confidential consultation with an experienced lawyer at The Weingart Firm, call 480-897-8737 or tell us how we can reach you online now.