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.
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, and it is imortant to conduct a careful investigations of the law and facts in your indivicual case before deciding whether any specfic defense applies.