Tucson DUI Lawyer

Two-Track Processes for DUI Cases in Tucson

In Arizona, a DUI arrest triggers two separate cases: the criminal case in court and the civil case with the Motor Vehicle Division (MVD).

The Administrative License Process

• The 15-Day Rule: You have only 15 days from the date of your arrest to request a hearing with the Executive Hearing Office. If you fail to do so, your license will be automatically suspended.
• Implied Consent: If you refused a breath or blood test, the MVD will attempt to suspend your license for 12 months (or 24 months for a second refusal).

As your DUI defense attorney in Tucson, we handle the MVD hearing for you. This hearing is a critical opportunity to cross-examine the arresting officer under oath before the criminal trial, often revealing weaknesses in the state’s case that we can use to your advantage later.

To effectively limit these consequences, it's essential to act quickly and strategically. Utilizing a dedicated legal team can help challenge certain aspects of your case or negotiate alternative sentencing options where applicable. Remember, the sooner you engage with an experienced DUI lawyer in Tucson, the better positioned we are to build a compelling case or seek sentence reductions.

The Arizona DUI Criminal Process

Navigating the Pima County court system can be overwhelming. As your Tucson DUI lawyer, we guide you through every stage of the litigation to ensure your rights are protected and that the prosecution is held to its burden of proof.

• Arraignment: This is your initial court appearance where you are formally charged and enter a plea of "Not Guilty." We use this stage to begin the discovery process and address any issues regarding your release conditions.
• Discovery and Evidence Review: We demand all evidence from the prosecution, including police reports, bodycam footage, and lab results. As a DUI defense attorney in Tucson, Patrick Moran scrutinizes these documents for inconsistencies or procedural errors.
• Pre-Trial Conferences: These are meetings between our firm and the prosecutor to discuss the case. This is where we often negotiate for a reduction in charges or a dismissal based on the weaknesses we’ve identified in the state's evidence.
• Evidentiary Hearings: If the police violated your constitutional rights—such as an illegal stop or an improper blood draw—we file motions to suppress that evidence. Winning these hearings can often lead to a total dismissal of the case.
• Trial: If a fair resolution cannot be reached, we take your case to a jury. We use our judicial insight and technical knowledge to challenge the state's "science" and fight for a "Not Guilty" verdict.

Possible Defenses Against DUI Charges By a DUI Defense Lawyer in Tucson

Your legal defense will likely call for challenging the circumstances leading to the arrest or questioning the reliability of the evidence. Here are three common defenses:

• An Illegal Stop and Your Rights: Under Arizona law, a police officer must have reasonable suspicion or probable cause to stop a vehicle. If the officer lacked a valid reason to pull you over—such as erratic driving or a traffic violation—any evidence collected could be ruled inadmissible in court. The defense would focus on proving that the stop itself violated your constitutional rights under the Fourth Amendment, which can lead to the dismissal of charges.
• Challenging an Inaccurate Breath Test: Breathalyzers are not infallible. Several factors can contribute to inaccurate breath test results, including improper calibration of the device, the officer’s failure to follow correct testing procedures, or physiological variables like residual mouth alcohol. Common medical conditions like acid reflux, or even the consumption of typical foods such as those with bread or sugar, can also create a “false high.” 
• Disputing an Inaccurate Blood Test: Blood tests are not immune to errors either. Sample mishandling, improper storage, or contamination can compromise the results. We’ll investigate the testing process and laboratory records. If errors are identified, our DUI defense attorney in Tucson can raise reasonable doubt regarding the prosecution’s case, potentially leading to charges being either reduced or outright dismissed. 

Why Choose the Law Offices of Patrick Alan Moran, LLC

When you hire our firm, you are getting the benefit of Patrick Moran’s experience as a former Justice of the Peace. He has ruled on thousands of DUI cases from the bench, giving him a "behind-the-scenes" understanding of how judges and prosecutors in Pima County think. We combine this judicial perspective with a commitment to affordable services, ensuring that elite legal representation is not out of reach.

We are available 24/7 because we know that a DUI arrest doesn't happen during business hours. We provide a calm, non-judgmental environment where you can get honest answers and a clear path forward.

Don’t face this alone—contact us online or call (520) 402-3226 today for a free consultation with our Tucson DUI attorney.