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Arizona DUI Defense Strategies: DUI Defenses that work

A DUI conviction in Arizona can potentially lead to loss of employment, loss of driving privileges and a significant increase in how much you pay for automobile insurance. Fortunately, professional Arizona DUI defense attorneys with extensive experience in representing individuals charged with DUI know a variety of legal and effective defense strategies that may result in a reduction of the charges or dismissal of all charges. The cost of a DUI defense attorney will be more than made up if the case is reduced or the charges dismissed. Trust us, you really want to avoid the current and future consequences of a DUI conviction.

The “No Reasonable Suspicion to Stop” DUI Defense

In Arizona, law enforcement cannot detain or stop a person based on his her age, religious preference, race, gender or any other reasons that could be considered discriminatory or legally invalid. If a police officer stops you for DUI without providing evidence that supports this type of investigatory detention, i.e., evidence that can prove the person being detained is engaging in criminal activity, then the stop is considered unconstitutional and illegal.

The “No Actual Physical Control” DUI Defense

If an officer finds someone behind the wheel of a running car who is intoxicated but not driving the vehicle because he or she has pulled over due to being drunk, that officer cannot arrest the person for DUI. In Arizona, this scenario legally indicates someone who is not physically controlling the car and therefore is not considered to be “driving while intoxicated”.

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The “No Probable Cause for Arrest” DUI Defense

This particular DUI defense is used for individuals who were given improperly administered field sobriety tests, or FSTs. Guidelines provided by the National Highway Traffic Safety Administration state that DUI suspects should not be asked to take FSTs when:

The person is overweight (more than 50 pounds)
The person is over 65 years of age
The person has ankle, hip, knee, back or leg injuries that affect the validity of the test
The person has additional disabilities that may affect his or her balance
The person’s shoes have heels over two inches high

DUI suspects should also be aware that refusing to take an FST is completely within their rights, regardless of what law enforcement may say about refusing the test.

The “Denial of Right to Counsel” Defense

When applicable, an experienced DUI defense attorney may prove that a suspect was denied the right to counsel due to police ignoring the suspect’s request to talk to counsel or because police waited too long to provide the suspect with access to counsel without reasonable cause. Successful use of this defense is grounds for dismissal of a DUI case.

The “Inaccuracy of the Breath or Blood Testing Device” Defense

Arizona’s Department of Health Services establishes guidelines that police are expected to follow concerning regular maintenance and calibration of breath-testing tools. Defense attorneys can investigate the validity of maintenance checks to determine whether a suspect’s breath test was given by an uncalibrated breath device and possibly have the case thrown out of court.

Having a knowledgeable and experienced DUI defense attorney on your side if you are arrested for DUI can make all the difference in Arizona, between suffering the consequences of a conviction or possibly having the charges reduced or even dismissed entirely.

If you would like to schedule a free consultation to speak with a DUI defense lawyer about any of the defenses listed on this page, please call us 24 hours a day at (602) 307-0808. You can also send us a confidential email by using our secure form. If you have been charged with an Aggravated DUI in Arizona or an Extreme DUI in Arizona, please refer to those pages for specific information about those charges.

Our team of lawyers have successfully defended DUI cases in Scottsdale, Tempe, Mesa, Gilbert, Chandler, in addition to Phoenix and the rest of the State of Arizona.

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DM Cantor

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