If you have been charged with Underage Drinking and Driving and you’re a minor, you’re going to require a skilled Arizona Juvenile Attorney.
The main dui defenses for Underage Drinking and Driving are:
- “No Reasonable Suspicion to Stop” Officers are not permitted to stop or detain someone based on pretexts regarding race, religion, gender, age, sexual preference nor on a host of other possible unjustifiable reasons.
- “No Actual Physical Control” If a person has had too much to drink, pulls off the roadway, leaves the engine running with the A/C or heater on, and attempts to “sleep it off”, then they are not in “actual physical control” of their vehicle and are not guilty of DUI, DWI, or Underage Drink and Drive.
- “No Probable Cause for Arrest” If an officer did not have probable cause that a person had consumed alcohol, then the arrest will be invalidated (i.e. if the Field Sobriety Tests (FSTs) were improperly administered). The National Highway Traffic Safety Administration (NHTSA) has set forth guidelines regarding FSTs. The tests should not be given if the suspect:
- is 50 pounds or more overweight
- has any back, hip, leg, knee, or ankle injuries
- has any disability effecting balance
- is wearing shoes with heels two (2) inches or higher