Defenses to a DUI/DWI Charge in Arizona
The penalties for DUI/DWI in Arizona are some of the strictest in the nation. If you’ve been arrested for DUI in Tucson or Pima County it’s important that every aspect of your case is thoroughly examined for any possible defenses. If there are defenses in your case then you may be able to convince a prosecutor to reduce or drop the charges, prevent suspension of your driver’s license with the Motor Vehicle Division, or be found not guilty at trial.
There are many potential ways to defend against a DUI charge. Below are some of the common defenses.The list is by no way exhaustive.
No Actual Physical Control: The prosecution must prove that you were driving or had physical control of the vehicle.
No Reasonable Suspicion to Stop: The police officer must have had reasonable suspicion to stop the vehicle.
Inaccuracy of Blood or Breath Testing Device: The blood or breath testing devices must have been in compliance with the standards set forth by the Arizona Department of Health Services (DHS).
No Probable Cause for Arrest: If you were arrested, it must have appeared more likely than not that you committed a crime before you were put in handcuffs or otherwise arrested.
Denial of Right to Counsel: If you have been arrested and the officer refuses or significantly stalls regarding your request for an attorney.
Miranda Warnings Violation: If you have been arrested and the officer fails to read or improperly recites the Miranda warnings.
Retrograde Extrapolation: You may be able to mathematically prove that any alcohol consumed in the hour prior to driving did not make it to the bloodstream.
Misleading Police Reports and Testimony: Police reports and witness and officer testimony is sometimes misleading.
Field Sobriety Testing: Field sobriety tests are inaccurate and are often failed by unimpaired individuals.