Phoenix DUI Lawyer Blog

How a Gilbert DUI Lawyer Can Help You Beat Your Gilbert DUI

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

http://www.arizonacriminaldefenselawyer.com/

Gilbert Arizona has some the toughest DUI task forces and DUI laws in the country. If you have been charged with a Gilbert DUI, you should hire a DUI Defense Attorney who is defends clients regularly in the Gilbert DUI Courts. Choose a private Arizona DUI Attorney who exclusively handles Criminal Defense and DUI cases. Make sure they are extremely familiar with Gilbert DUI Laws, Gilbert court system, Gilbert prosecution, Gilbert judges, and most importantly what DUI Defenses can be used to beat a DUI case.

Below is just a few examples taken from "101 DUI Defense Strategies" © Winning Arizona DUI Defense Strategies Book to give you an idea of a few defense strategies a Gilbert DUI Lawyer may use:

NON-STANDARDIZED FIELD TESTS ARE INVALID
Did the police request that you do testing that is not recognized as standard and valid?
The Federal Government (NHTSA), Medical Science, or any DUI Testing Governing authorities, do not consider touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests.

TEST LOCATION & LANDSCAPE
Were the Field Sobriety Tests (FST) given on a flat surface away from the rush of passing traffic?
If the FST was conducted on a slope, uneven surface, on rocky or unusual terrain, or in the presence of heavy traffic; or if you were wearing constricting shoes or high heels; there is a good chance to argue that the FST had been improperly given due to the landscaping conditions or your restrictive apparel and results can not be relied on.

FAILURE TO DETERMINE IF THE ACCUSED IS AN APPROPRIATE CANDIDATE FOR THESE ROADSIDE EXERCISES
Did the Police properly screen you for criteria that would determine if you were
eligible according to the set guidelines to participate in the tests?
If the defendant is 50 or more pounds overweight, over 60 years old, or has physical impairments that affect their ability to balance, he or she is not an appropriate candidate for these exercises. The NHTSA manual explicitly states that anyone falling in these categories should not even be given these tests.

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.

PORTABLE BREATH TEST INADMISSIBLE
Did the police charge you with a DUI based upon the results of a Portable Breath Test Unit?
Arizona does not allow the results of the Portable Breath Test (PBT) to be used against you as a form of admissible piece of evidence. The PBT is not maintained or calibrated and not considered reliable evidence. It is generally intended for use as a preliminary test, used only in conjunction with other DUI tests or admissible breathalyzer unit testing. If your DUI charges were based strictly on the results of the portable breath test unit, the evidence can be suppressed with regard to those results.

DUPLICATE BREATH TEST OUT OF RANGE
Were the two breath tests that you took, far apart in range, and still used to charge you with a DUI?
Two breath tests are given. If the second test is not within 0.020 alcohol concentration of the first test, additional tests shall be administered until the results of the two consecutive tests are within 0.020 alcohol concentrations. If this procedure is not followed and the results are outside the allowable range that breath test evidence may be suppressed.

POLICE BLOOD TEST INACCURATE
Was blood testing protocol and procedures followed to draw, test, analysis, and preservation followed?
Many times blood testing fails to follow prescribed rules of testing, analysis, or preservation recommendations. Blood evidence can often be challenged, suppressed, in the event of any such deviation or violations of proper handling.

Your Gilbert DUI Attorney will pull from their arsenal of experience, and training to find the most effective defenses to help you get the best outcome in your Gilbert DUI case. In the least you should seek a free consultation from a Gilbert DUI Attorney. You have nothing to lose, and everything to gain.