Challenges and Defenses to an Arizona DUI charge

Challenges to the Arizona DWI stop:

• The officer didn't have a valid reason to pull you over.
• Civilian witness called in complaint, but his information is not reliable and he is unavailable.
• No police officer actually saw you driving.

Challenges to probable cause to arrest:

• The officer didn't have enough to arrest you.
• The officer didn't use proper technique and graded you unfairly.

Motions to suppress evidence:

• Your Miranda 5th Amendment rights were violated.
• You were not warned of your implied consent rights.
• The police searched your vehicle illegally.
• The police coerced you into performing field sobriety tests.
• The police lied.
• The police manufactured evidence.
• BAC not within 2 hours of driving and not enough evidence to relate it back to within 2 hours.

Arizona DUI Breath test challenges:

• The test was improperly given.
• The operator was not certified.
• The machine was broken.
• The maintenance records were not provided per your attorney's request.
• You had something in your mouth.
• The manatory observation period was not followed.
• Radio frequency interference.
• Your body temperature was higher than the Intoxilyzer presumes, thereby falsely elevating the reading on your breath test.

Blood Test Challenges in AZ:

• The phlebotomist was not trained properly.
• Proper blood draw procedures were not followed.
• The chain of custody of the sample is deficient.
• The sample is tainted or contaminated.
• The criminalist is not certified.
• Not your blood sample.

Challenges to DUI Field "Sobriety" Tests:

• Not rationally related to one's ability to drive an automobile.
• Not applied correctly.
• Not scored properly
• Officer not trained.
• Officer not experienced.
• injuries prevented fail application of test
• The defendant is overweight and can't do the tests well
• The defendant is older and can't do the tests because of age

Challenges to Arizona Felony Aggravated DUI:

• License not actually suspended.
• Defendant was not aware of license suspension.
• State can't prove prior convictions.
• State can't prove age of passenger.

IMPORTANT NOTE ABOUT DUI CHALLENGES:

The DUI challenges above are only a small sample of the potential defenses that might be raised in your case. Every Arizona DUI case is different. It is important to have a DUI attorney do a careful investigations of the law and facts in your case before deciding whether a specfic defense applies.