Comprehensive Arizona DUI Information
arizona dui
challenges and defenses
Challenges to the Arizona DUI stop:
- The officer didn't have a valid reason to pull you over.
- The officer used a pretext to pull you over, when he was really aiming for a DUI charge.
- 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.
Motions to suppress the breath test:
- 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 mandatory observation period was not followed.
- Radio frequency interference.
Motions to suppress the blood test:
- 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 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 tests.
- The defendant is overweight and can't do tests well.
- The defendant is older and can't do tests because of age.
Challenges to 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.
There are thousands of possible challenges to an Arizona DUI charge. They are limited only by the facts of your case and your attorney's guts and creativity.