Bad things can happen to good people.

People make mistakes. If you have been arrested on a DUI charge, talk to an experienced attorney who will fight for the best possible outcome for you.

The Law Offices of Shawn B. Hamp, P.C., focuses exclusively on DUI and criminal defense matters. As a former Mohave County prosecutor, criminal defense attorney Shawn B. Hamp has an insider perspective on how DUI cases are handled. Our team has more than 50 years of combined experience, handling hundreds of DUI cases all over Northern Arizona. Our goal is to safeguard our clients and protect their rights and their liberty.

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Driving under the influence (DUI) is a serious criminal offense in Arizona. Conviction can lead to mandatory jail, fines, sanctions, driver's license suspensions and/or restrictions, and graduated punishments for subsequent offenses. The task may be daunting, but DUI cases are defensible. Our experienced DUI lawyers can help you identify unique issues in your case to determine the best DUI defenses available.

The following is a list of some of the most common and effective DUI defenses.

The suspect was not given the opportunity to contact an attorney during the DUI investigation.

Everyone has the right to consult with an attorney during any criminal investigation before or after being arrested. In DUI investigations, this right is paramount because the time frames of a DUI investigation are critical in making the decision to obtain “independent exculpatory evidence.” Denial of that right can result in a DUI case being dismissed. 

Breath alcohol testing can be inaccurate.

Breath tests, commonly referred to as breathalyzers, determine the particles of breath alcohol in your lungs and give a measurement of the alcohol level in your blood. This indirect measurement of your blood alcohol level can result in an inaccurate reading. Variances in human physiology and body temperature can affect the results of the breath alcohol test. Even the breath instrument itself has an inherent 10% margin of error that can give falsely high readings. A defense attorney, in consultation with a forensic toxicology expert, can help identify breath testing issues that may produce a valid defense to the breath tests presented in a DUI case.

The case involves the illegal stop of a person or vehicle.

A driver cannot be stopped unless the officer has a reasonable and articulable basis to believe that a traffic law or other law has been violated. Nor can they be seized unless a violation has occurred. A police officer cannot stop a motorist based on a “hunch” or a guess. An officer has to demonstrate an objective reason why he or she made a traffic stop to justify any subsequent seizure or evidence obtained. A defense attorney can analyze a case to determine whether a Motion to Suppress Evidence should be filed in cases with no legal justification for the traffic stop.

The field sobriety test is inaccurate or invalid.

Standardized field sobriety tests are just that, “standardized.” The test must be instructed, given, and performed the same way every time to even be considered an accurate predictor for “cues of impairment.” These tests are barely 60% to 70% accurate in some studies and are completely invalid when performed on individuals with disabilities, who are overweight, or the elderly. “Finger to nose” tests, balancing tests, or reciting the alphabet ARE NOT standardized field sobriety tests. Their relevance at trial to demonstrate impairment are dubious at best. An experienced DUI attorney can attack the results of these field sobriety tests.

There is no evidence of the suspect driving the vehicle or being in actual physical control.

In Arizona, the law dictates that a driver of a motor vehicle who recognizes he or she is a danger should safely get off the roadway. A motorist who is impaired but not driving a motor vehicle, or who is not in actual physical control of a motor vehicle, should not be found guilty of a DUI. The issue in these cases often comes down to a determination by a jury of whether the driver was using the vehicle merely as a shelter before regaining sobriety, or whether the driver remained a threat or danger to the motoring public. Simply because one has a key in the ignition or the engine running does not mean the driver is in actual physical control.

After you have been in an accident, you will be faced with the important decision of choosing the attorney you want to work with. Learn why so many people trust us to fight for their best interests.  

"Shawn Hamp and his staff really make a great team. His team helped my case get dismissed and also made sure to keep my record clean as I requested from them. Really easy to talk to, really professional with helping hands. Really satisfied with their services. Thank you." - Jacob T.

"Mr. Hamp was able to get a Super Extreme DUI reduced to a Regular DUI, and he successfully petitioned the court to set aside the judgment and all penalties associated with it. He is a terrific and highly ethical advocate whom I strongly recommend." – Satisfied Client

If you have been arrested or charged with a DUI, do not wait to get the legal advice you need. The skilled attorneys at the Law Offices of Shawn B. Hamp can help you during this difficult time. We are dedicated to fighting for the rights of clients throughout Flagstaff, Kingman, Prescott, Lake Havasu, and Bullhead City, Arizona. Contact our firm today to discuss your case in a free consultation. 

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