DUI Information

Challenges during Arizona DUI

 

There has been an assumption among people that DUIs are open and shut cases. Arizona DUI law constantly evolves in response to new challenges by DUI legal cases. Arizona DUI attorneys and their clients can face any number of challenges in any given case.


Common challenges to evidence:


Probable causes for Arizona DUI stop and arrest

  • The Police officer has no valid reason to accuse you of conviction.
  • The Police officer used an excuse / pretext to pull you over while intending for an Arizona dui charge.
  • A reliable witness called in a complaint.
  • No police officer has seen you driving.
  • The officer used improper technique and graded you unfairly.


Motions to suppress evidence

  • Violation of your Miranda 5th Amendment rights.
  • No prior warning of your implied consent rights.
  • Illegal search of your vehicle by a Police officer.
  • The police pressurized you to undergo field sobriety tests.
  • The police lied with respect to your Arizona dui.
  • The police made evidence – false proof.
  • BAC not within 2 hours of driving.


Breath test challenges

  • Improper test conduct.
  • Uncertified operator.
  • Broken Machine.
  • The maintenance records were not furnished as per your Arizona dui attorney's request.
  • You had something in your mouth.
  • There was no mandatory observation period.
  • Radio frequency interference.


Blood Test Challenges

  • Untrained phlebotomist.
  • Improper blood draw procedures were followed.
  • Deficient chain of custody of the sample.
  • The sample is contaminated.
  • Some body else’s blood sample being used as yours while your are dealing with your Arizona dui.


Field Sobriety Tests Challenges

  • Irrationally related with one's ability to drive an automobile.
  • Incorrectly applied.
  • Improperly scored.
  • Untrained Officer.
  • Inexperienced officer.
  • Injuries prevented fail application of test .
  • Over weighing defendant who can't do the tests well defending their Arizona Dui.
  • Elderly defendant and can't do the tests because of age.


Felony Aggravated Arizona DUI Challenges

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