Click Here for Free Consultation

Top 5 DUI Defenses 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 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.

 Click Here to Speak with a DUI Defense Attorney for Free.
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.

Click here to see a Complete List of DUI Victories.

Click here to Schedule a Free Consultation.

Request a Free Consultation

Fill out the form below to receive a free and confidential initial consultation.

Click here for important legal disclaimer.

CURRENT/PAST ASSOCIATIONS & AWARDS


10.0 Superb Rating AVVO Criminal Defense

10.0 Superb Rating
AVVO Criminal Defense

AV-Highest Rated Preeminent Lawyers Martindale-Hubbell

AV-Highest Rated Preeminent Lawyers
Martindale-Hubbell

Nation's Top 1% Attorney National Association of Distinguished Counsel

Nation's Top 1% Attorney
National Association of Distinguished Counsel

Super Lawyer Criminal & DUI Defense

Super Lawyer
Criminal & DUI Defense

Top 100 Trial Lawyers (Criminal Defense) American Trial Lawyers Association

Top 100 Trial Lawyers
(Criminal Defense)

American Trial Lawyers Association

Client Satisfaction Award American Institute of DUI / DWI Attorneys

Client Satisfaction Award
American Institute of DUI / DWI Attorneys

Top 100 Lawyer American Society of Legal Advocates

Top 100 Lawyer
American Society of Legal Advocates

Top 10 DUI/DWI Law Firm American Institute of DUI / DWI Attorneys

Top 10 DUI/DWI Law Firm
American Institute of DUI / DWI Attorneys

Member National College for DUI Defense

Member
National College for DUI Defense

Top 10 Attorney National Academy of Criminal Defense Attorneys

Top 10 Attorney
National Academy of Criminal Defense Attorneys

Charter Member Trial Masters

Charter Member
Trial Masters

Member DUI Defense Lawyers Association

Member
DUI Defense Lawyers Association

Lifetime Charter Member Best Attorneys of America

Lifetime Charter Member
Best Attorneys of America

Member American Bar Foundation

Member
American Bar Foundation

Sustaining Member Arizona Trial Lawyers Association

Sustaining Member
Arizona Trial Lawyers Association

Member American Association for Justice

Member
American Association for Justice

Life Member Arizona Attorneys for Criminal Justice

Life Member
Arizona Attorneys for Criminal Justice

Superior DUI Attorney National Advocacy for DUI Defense

Superior DUI Attorney
National Advocacy for DUI Defense

Member Since 1989 American Bar Association

Member Since 1989
American Bar Association

Better Business Bureau A+ Rating

Better Business Bureau
A+ Rating

DM Cantor

Call 24/7 602-307-0808

40 N Central Ave, Ste 2300
Phoenix, AZ 85004
Click here for Directions

For Family Law questions please go to Cantor Law Group.
Call Now Button
[contact-form-7 id="34943" title="Exit Intent"]