It is important to understand that every DUI case is unique, and the outcome of each case is affected by its particular facts. It is difficult to predict the outcome of a case without thoroughly investigating the case.
At The Law Offices of Douglas A. Schwab we obtain and review the police report for mistakes, omissions, inaccuracies, and inconsistencies. We conduct comprehensive recorded interviews of officers and civilian witnesses involved in your case. As a result of the interviews and pretrial investigation, some of the potential legal issues that can arise include search and seizure issues, including: was the stop of your vehicle based upon a reasonable suspicion of criminal activity and was there probable cause to arrest you. A second issue that can arise is a violation of your Miranda rights. A third issue that can arise is a violation of your right to counsel. Finally, we look at whether there were any other due process violations.
We review the maintenance, calibration, and service records for the intoxilyzer or gas chromatograph to determine if the testing instrumentation used in your case to analyze the blood, breath, or urine was accurate, operating properly, and maintained in proper working condition. If necessary, we will consult with an expert Criminalist to determine whether the blood, breath, or urine test was properly administered in compliance with Arizona law.
In cases where the police drew blood or obtained a sample of urine, we can order an independent chemical analysis of the blood or urine sample be performed to be certain that the test result obtained by State's crime lab is accurate. Additionally, DNA testing is available to ensure the blood or urine belongs to you and was not accidentally mixed up with someone else.
Finally, we consult with you, the client, following our pretrial investigation to discuss any potential issues discovered and determine whether a trial, negotiated settlement, or other action is the best course of action.