Getting out of a DUI/ DWI in Mesa?

In this case, the State would not negotiate and insisted my client plead guilty to a DUI/DWI 28-1381; 28-1382 charge. The BAC (blood alcohol concentration) was high, but the AXON body camera footage showed my client performed well on the walk and turn test and the one leg stand test. These are field sobriety tests. The police report indicated that my client had performed poorly on the field sobriety tests, so we were pleasantly surprised to see that the officer had mischaracterized the client’s performance in light of what the body camera footage captured. The case occurred in Mesa City Court, which is a difficult jurisdiction to defend a DUI case, for several reasons. The blood draw was problematic for the State because the phlebotomist only drew 7 ml of blood, rather than filling the 10 ml tubes completely. This can be a sign of contamination. The jury found my client not guilty on both the 28-1381(A)(1) impaired to the slightest degree charge, and the 28-1381(A)(2) .08 charge. Thus, he was found not guilty of every charge against him. This was a huge success and my client was thrilled.

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