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 nor on a host of other possibly discriminatory or legally insufficient reasons.
2. No Actual Physical Control of Vehicle: 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”, they are not in “actual physical control” of their vehicle and are 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 (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 effecting balance
- is wearing shoes with heels two (2) inches or higher
Remember, you always have the right to refuse Field Sobriety Tests (i.e., the “physical” tests). Do not believe the Officer if he tells you otherwise!
If the Horizontal Gaze Nystagmus (HGN) or “eye test” was given by an officer not yet certified to give that test, it will be inadmissible in court.
Note: If the only basis for arrest is refusing to perform FSTs, then the arrest will be invalidated.
4. Inaccuracy of 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. The prosecutor will not point this out for you.
5. Denial of Right to Counsel: When arrested for DUI, DWI, or Extreme DUI, upon requesting a DUI Lawyer in Arizona, the police must get you to a phone as soon as it is reasonably possible. If they ignore your request, or wait too long, this could be grounds for dismissal. (See also THE RIGHT TO REMAIN SILENT-USE IT! Section).
Even though Arizona may have some of the most severe DUI penalties in the nation, no case is indefensible. The key to a strong Arizona DUI defense is to hire an experienced DUI Law Firm and a DUI Trial Attorney with a proven track record in DUI cases. When speaking with prospective legal counsel, ask about the firm’s DUI case victories and recent successes.
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Call DM Cantor 24/7 at 602-307-0808 or Contact Us Today For Your Free Arizona DUI defense Consultation – You Can’t Afford To Wait. For more information on Possible DUI Defenses in Arizona, please refer to our parent site for DM Cantor.