These are useful information for people who have gotten themselves into the wrong side of the law. 10 Ways to Beat DUI Charge in Arizona – DUI Lawyers
Arizona has tough DUI laws, but no matter what the allegations are there will likely be a viable DUI defense strategy to explore. No cases are the same which is why it’s important to seek the counsel of an experienced Phoenix DUI lawyer to analyze the issues unique to your case.
10 Possible Phoenix DUI Lawyer Defenses
Below is a list of 10 possible DUI defenses that a skilled DUI attorney can use to assist you in defending against your DUI charge:
1. Problems with the DUI Breath Testing.
DUI breath tests are subject to a wide range of errors. These include, however not limited to, the following:
- Instrument malfunction;
- Improper administration of the tests;
- Presence of mouth alcohol; and
- Environmental factors, such as radio frequency interference.
For many law enforcement agencies, DUI breath testing is the most common way to measure one’s BAC. This is due to its ability to produce an almost immediate result.
However, it’s not always an accurate one.
This is because a DUI breath test doesn’t directly measure the amount of alcohol in your blood. Instead, it measures the amount of alcohol present in your breath. The device then uses a complex mathematical calculation to determine the amount of alcohol in your blood.
2. DUI Blood Test Errors.
The potential for errors in DUI blood tests is another popular Arizona DUI defense.
There are several factors that can contribute to an inaccurate result on a DUI blood test, including:
- Blood fermentation;
- Break in the chain of custody;
- Improper storage of your blood sample; and
- Blood contamination.
A Phoenix DUI attorney will request necessary information such as “batch data” to learn more about how your blood test was conducted in order to look for any challenges that can be made to the admissibility or believability of the blood results.
Depending on the circumstances surrounding the collection and storage of your DUI blood test, your DUI lawyer may be able to have your BAC results excluded from evidence. In many cases this can lead to the dismissal of your DUI charges.
3. Mouth Alcohol DUI Defense.
For breath test cases, “mouth alcohol” is another important DUI defense.
DUI breath testing instruments like the Intoxlyzer 8000 capture a sample of breath from your deep lung tissue (otherwise known as “alveolar air”). But the breath test instrument can capture “mouth alcohol” rather than the alcohol in your alveolar air in the following situations:
- Dental work trapped small amounts of alcohol-soaked food in your teeth;
- You burped or regurgitated after having had a small amount to drink;
- You used a mouthwash containing alcohol; or
- You used chewing tobacco.
As a result, mouth alcohol can generate a falsely high BAC reading on a Arizona DUI breath test. If this happens to you, you can challenge the breath test results as part of your Phoenix DUI lawyer’s defense strategy.
4. Lack of Probable Cause for the DUI Stop.
In order for police to stop your vehicle they must establish articuable suspicion that you committed a traffic violation or probable cause you committed a crime.
If an officer doesn’t have the necessary legal grounds to stop your vehicle you can challenge the traffic stop as being unconstitional in violation of the Fourth Amendment. If the challenge is successful then any evidence that is obtained as a result of the traffic stop can be suppressed. When suppressed, it means that the prosecution cannot use it against you in your DUI case.
As a result, lack of probable cause can be a very powerful DUI defense that often results in reduced or dismissed Arizona DUI charges.
5. Radio Frequency Interference.
Radio frequency interference (“RFI”) can cause an Arizona DUI breath test to produce an erroneously high BAC. DUI breath machines can intercept radio frequencies sent out by other devices. These other frequencies then interfere with the accuracy of the machine’s BAC readings. If RFI from other devices is picked up by the machine it can cause a breath testing machine to malfunction by: (1) indicating alcohol is present in a DUI suspect’s system when it’s not, or (2) improperly provide a reading that the suspect’s BAC is over the Arizona legal limit of .08%.
This is because almost all electronic devices–such as those used to analyze DUI blood and breath samples–are susceptible to RFI or EFI (electromagnetic interference). Any type of radio transmitter, including police radios and cell phones, emit radio waves. The Intoxilyzer 8000, the most commonly used breath test machine, was designed to be protected from radio waves because of its metal cover and shielding around power supplies and to terminate a test in progress if it detects a certain threshold of RFI. However, this safeguard is not infallible.
Accordingly, a Phoenix DUI lawyer should challenge DUI breath testing results in which RFI impacts the results.
6. Police didn’t Read Miranda Rights.
Despite a common misconception, Miranda rights aren’t always required during an Arizona DUI arrest. If and when Mirada applies is a common question among those charged with a DUI.
Miranda rights are required when (1) you have been arrested, and (2) the officer is conducting a custodial interrogation. A “custodial interrogation” takes place when an officer asks you questions designed to elicit an incriminating response while in formal police custody.
With both conditions satisfied, the officer must Mirandize you or risk any statements made in violation of Miranda excluded from evidence upon a motion by your DUI defense attorney. Depending on the statements, their exclusion could result in getting your DUI charges reduced or dismissed.
— RT (@RT_com) August 8, 2018
7. No Actual Physical Control.
A necessary element of a DUI charge is that you were in actual physical control of a motor vehicle while impaired to the slightest degree or with a BAC greater than 0.08%. “Totality of the circumstances” determines “actual physical control.”
A court will look at:
- the reason the driver pulled over,
- the location of the vehicle,
- whether the car was in neutral,
- and the status of the engine. (on or off)
Many times police arrive on scene after the vehicle has already come to a stop and are without sufficient information to determine who was driving and when.
No actual physical control can be an effective DUI defense. Contact a Scottsdale DUI attorney to examine your case and assess whether this is a valid defense in your case.
8. Valid Prescription for Drug DUI.
When charged with DUI drugs under 28-1381(A3) a complete defense holds if you possess a valid prescription for the drug and followed the prescription as directed. However, you can still be charged with driving while impaired to the slightest degree.
9. Not Impaired to the “Slightest Degree.”
Known as Arizona’s zero tolerance DUI, A.R.S. 1381(A)(1) makes it a crime to drive while impaired to the “slightest degree” from liquor, drugs, or any combination thereof. A prosecutor must simply prove, beyond a reasonable doubt, the driver’s impairment to the slightest degree by alcohol or drugs.
Our Phoenix DUI lawyers know how to argue and present a defense that your case proves lack of the “slightest degree” impairment. To make such a defense, a DUI lawyer will need to challenge the observations of the arresting officer. And, the integrity and reliability of any administered Field sobriety tests.
In short, the DUI lawyer can challenge the prosecutor’s claim that:
- The defendant’s driving behavior,
- His demeanor with law enforcement, and
- Performance on any field sobriety tests prove beyond a reasonable doubt impairment to the slightest degree.
10. Hire a Phoenix DUI Lawyer
The best way to aggressively defend against a DUI charge is to hire an experienced Phoenix DUI lawyer. They explore all possible defenses to drop your DUI charged dismissed or reduced.
If you have been charged with a DUI, one of the first actions you should take is to contact qualified and skilled DUI lawyers in Phoenix. At Lerner and Rowe Law Group, our team can help ensure your rights are protected. Contact our DUI attorneys in Phoenix 24/7, day or night by calling 602-667-7777.
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