Phoenix DUI Lawyer Blog

10 Ways an Arizona DUI Attorney can help you beat Your DUI!

Arizona has some the toughest DUI task forces and DUI laws in the country. If you face DUI charges in Arizona, you should contact an Arizona DUI Defense Attorney as soon as possible. Choose a private Arizona DUI Attorney who exclusively handles Criminal Defense and DUI cases. An experienced Arizona DUI attorney will be extremely familiar with the ever changing Arizona DUI laws, Arizona Courts, Judges, Prosecution, and most importantly Arizona DUI Defenses can be used to defend your Arizona DUI Charges. A DUI charge can be fought and dismissed. Just because you have been charged doesn't mean you will be convicted. But your chances of getting it dismissed, charges reduced, evidence suppressed, or any favorable outcome are drastically reduced unless you hire a good Arizona DUI Lawyer.

"Just because you have been charged with an Arizona DUI doesn't mean you will be convicted."

Below is a sample of 10 defenses taken from "101 DUI Defense Strategies" © Winning Arizona DUI Defense Strategies Book to give you an idea of a few defense strategies a good Arizona DUI defense Attorney may use to defend your case:

"101 DUI Defense Strategies" © Winning Arizona DUI Defense Strategies Book Author: James Novak

POOR SOBRIETY TESTS BASED ON LOCATION WHERE THE POLICE OFFICER CONDUCTED THE TESTS:
Were your sobriety tests conducted with climate, environment, or landscaping disadvantage to you?
Most of the time these exercises occur on the side of the road at the location the vehicle was stopped. The roadside could be uneven and covered by debris. The climate conditions could cause inability to perform the tests well. Were you doing the tests a surface on a hill, or a surface that contained mud, rocks, melting tar or oil, ice, snow drifts or other rough or other unsmooth or level surface? NHTSA requires that the Walk and Turn & the One Leg Stand be performed on a smooth, level surface.

THE HORIZONTAL GAZE NYSTAGMUS (HGN) IS NOT A SCIENTIFICALLY VALID TEST UNDER ROADSIDE CONDITIONS:
Did the officer report that you failed or did poorly on the HGN test?
This is the "follow the pen with your eyes test" actually has a very complicated name- the Horizontal Gaze Nystagmus ("HGN") test. Many people do not understand what the police officer is actually looking for when he/she performs this test. Some people think they just need to follow the pen. This test, however, purportedly measures the involuntary jerking of the eye when a person is impaired by alcohol. When medical doctors conduct this test they do so in an areas with good lighting, employing medical equipment that holds the patient's head still and clearly lists the angles. The officer, for one test, must determine whether he detects the onset of nystagmus prior to 45%. It is almost impossible without be accurate on the angle. The test can be challenged as invalid under almost all roadside and lighting conditions.

BREATH TEST OPERATOR UNLICENSED
Did the breath test operator possess a valid, unexpired operator's license?
If not, the DUI breath test result is inadmissible.

FAILURE TO KEEP MAINTENANCE RECORDS FOR THE INTOXILYZER 8000 BREATH MACHINE
Was Breathalyzer Machine used properly and timely maintained?
Breathalyzer Machine Units require routine maintenance checks. If the maintenance records do not reflect that it has been serviced regularly, or records do not exist, this evidence may be suppressed. The records must be kept to include maintenance, timing and history of routine maintenance, malfunction or defects. If these records were not updated, documented, and properly maintained, regardless of the whether or not the machine had no defects, the evidence can be suppressed. Without proper records to support its maintenance, or even support of lack of defects, there is no proof that the unit was working properly at the time of use.

IMPROPER PRESERVATION OF THE BLOOD SAMPLE
Was your blood sample preserved properly?
The preservation process can be an issue. The blood vials must have been stored properly prior to its use. The blood vials must not be used beyond the expiration date. The blood vials must be preserved in order to provide your defense attorney with the opportunity to test the sample with an independent lab for purposes of objectivity in your defense.

BLOOD KIT
Was the blood kit and contents in the kit, within the expiration date period? Was it properly sealed, packed, inspected, and maintained at the required temperature? When the police take your blood they usually do so using a pre-packed blood kit. However, safekeeping and inspection of the kits must be routinely performed to ensure that tubes have not expired, are sealed properly and are kept in an appropriate place that is not temperature extreme like the trunk of the car in the summer heat of Arizona.

IMPROPER TEST TIMING, PROTOCOL, PRESEVERATON OR TRANPORT OF URINE SAMPLE
Was your urine sample properly tested?
The urine taken for drug testing must also be properly tested according to required testing procedures and protocol, for timing, specimen handling, transport, labeling, and preservation, including the containers for which the urine specimen is stored.

OFFICER NO LONGER EMPLOYED
Was the arresting police officer fired, resigned from the police force, deceased, or otherwise unable to testify against you at trial?
If so, the prosecution would not have this specific officer to give testimony at trial, which is crucial to the prosecution's case.

RISING BAC
Was your blood drawn within three hours of consuming your last alcoholic beverage?
It can take up to three hours for alcohol to be absorbed in your blood stream. If the blood draw was outside of the three hour window, the results of the BAC may be challenged as invalid.

DENIAL OF RIGHT TO OBTAIN EXCULPATORY EVIDENCE
Were you denied the right to obtain evidence in your defense?
Every defendant accused of a criminal offense has the constitutional right to independently seek evidence that may help their defense. For instance, if your DUI/DWI charge was based on a blood draw, you have the right to obtain an independent blood test sample. If the police deny you a "fair chance" to obtain exculpatory evidence, your constitutional rights have been violated. Most police officers routinely maintain a second blood sample for the defense to test. However, to be on the safe side, it is a good practice for the defendant to also request a second sample be retained for defense. If the police fail to preserve a sample for defense testing, whether you asked or not, a motion for dismissal may be in order.

(You can download a FREE PDF abridged version of the book www.arizonacriminaldefenselawyer.com at no cost, and no obligation. No personal information is required. )