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March 12, 2013
Posted on Author By dmcantor Categories Blog

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”.

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.

December 18, 2012
Posted on Author By dmcantor Categories Blog

What are possible defenses for an Aggravated DUI in Arizona?

There are many defenses to an Aggravated DUI, depending on your situation.  Some of these include “no reasonable suspicion to stop,”“no actual physical control,”“no probable cause for arrest,”“denial of right to counsel,” and “inaccuracy in the blood or breath reading.”  These are explained in more detail below.  In addition to these, if you are charged with an Aggravated DUI for not having a valid driver’s license and you did not know that your license was suspended, this can be a great defense to an Aggravated DUI.

In this short video David Cantor explains What an Aggravated DUI charge is in Arizona:

Possible Defenses to an Aggravated DUI charge in Arizona:

    1. “No Reasonable Suspicion to Stop” Officers are not permitted to stop or detain someone based on pretexts regarding race, religion, gender, age, sexual preference on a host of other possible, unjustifiable reasons.

    2. “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 could be considered to not be in “actual physical control” of their vehicle and be found not guilty of DUI or DWI.

    3. “No Probable Cause for Arrest” If an officer did not have probable cause that a person was actually under the influence of alcohol, then the arrest will be invalidated to believe 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
      –          is 65 years of age or older
      –          has any back, hip, leg, knee, or ankle injuries
      –          has any disability affecting balance
      –          is wearing shoes with heels two (2) inches or higherRemember, you always have the right to refuse Field Sobriety Tests (FSTs the “physical” tests). Do not believe the Officer if he tells you otherwise!Note: if the only basis for arrest is refusing to perform FSTs, then the arrest will be invalidated.

    4. “Denial of Right to Counsel” When arrested for DUI or DWI, upon requesting a DUI/DWI Lawyer in Arizona, the police must get you to a phone as soon as reasonably possible. If they ignore your request, or wait too long, this could be grounds for dismissal.

    5. Inaccuracy of the Breath or Blood Testing Device” The AZ Department of Health Services (DHS) has set forth rules for the proper maintenance of breath testing devices. They must be calibrated to within a 10% accuracy range every thirty-one (31) days. In addition, the machine goes through a seven (7) test Standard Quality Assurance Procedure (SQAP) every ninety (90) days. If any of the maintenance checks are “out of tolerance,” then all breath tests given during the time interval between the two maintenance checks will be inadmissible.  There are also a number of ways to challenge the blood testing device.

Here is a case in which we had the Aggravated DUI charges dismissed:

(001013312CR): Mr. H. was stopped for a Felony DUI. The police claimed he had a suspended license due to a prior DUI stop for which he had not been convicted. Because of problems with the calibration records, his .145 breath alcohol concentration would not come into evidence. The Maricopa County Attorney’s Office dismissed all charges.

Here is a link to a sampling of our DUI case victories: DUI Case Victories

If you have been charged with an Aggravated DUI, call our offices today! We are available 24 hours a day, 7 days a week at (602) 307-0808.

If you would like more information about Aggravated DUI charges in Arizona, please review our page with all of the different charges that can make up an Aggravated DUI in Arizona.

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