Click Here for Free Consultation

Top 5 DUI Defenses in Arizona

Need to know the best defenses for your DUI case?  The experienced DUI lawyers at DMCantor know how to prepare a successful DUI defense that will be “Beyond Aggressive” in their defense against your charges of DUI, DWI or Extreme DUI in Arizona.

 Click Here to Speak with a DUI Defense Attorney for Free.

Helpful Links: Check out our 2,500+ DUI/Vehicular Crimes Victories in Arizona!

1.  No Reasonable Suspicion to Stop:  Officers are not permitted to stop or detain someone based on pretexts regarding race, religion, gender, age, sexual preference nor on a host of other possibly discriminatory or legally insufficient reasons. 

2.  No Actual Physical Control of Vehicle: If a person has had too much to drink, pulls off the roadway, leaves the engine running with the A/C or heater on, and attempts to “sleep it off”, they are not in “actual physical control” of their vehicle and are not guilty of DUI or DWI.

3.  No Probable Cause for Arrest: If an officer did not have probable cause that a person was actually under the influence of alcohol, then the arrest will be invalidated (i.e. if the Field Sobriety Tests ((FSTs)) were improperly administered). The National Highway Traffic Safety Administration (NHTSA) has set forth guidelines regarding FSTs. The tests should not be given if the suspect:

  • is 50 pounds or more overweight
  • is 65 years of age or older
  • has any back, hip, leg, knee, or ankle injuries
  • has any disability effecting balance
  • is wearing shoes with heels two (2) inches or higher

Remember, you always have the right to refuse Field Sobriety Tests (i.e., the “physical” tests). Do not believe the Officer if he tells you otherwise!

If the Horizontal Gaze Nystagmus (HGN) or “eye test” was given by an officer not yet certified to give that test, it will be inadmissible in court.

Note: If the only basis for arrest is refusing to perform FSTs, then the arrest will be invalidated.

4.  Inaccuracy of Breath or Blood Testing Device:  The AZ Department of Health Services (DHS) has set forth rules for the proper maintenance of breath testing devices. They must be calibrated to within a 10% accuracy range every thirty-one (31) days. In addition, the machine goes through a seven (7) test Standard Quality Assurance Procedure (SQAP) every ninety (90) days. If any of the maintenance checks are “out of tolerance”, then all breath tests given during the time interval between the two maintenance checks will be inadmissible. The prosecutor will not point this out for you.

5.  Denial of Right to Counsel:  When arrested for DUI, DWI, or Extreme DUI, upon requesting a DUI Lawyer in Arizona, the police must get you to a phone as soon as it is reasonably possible. If they ignore your request, or wait too long, this could be grounds for dismissal. (See also THE RIGHT TO REMAIN SILENT-USE IT! Section).

Even though Arizona may have some of the most severe DUI penalties in the nation, no case is indefensible. The key to a strong Arizona DUI defense is to hire an experienced DUI Law Firm and a DUI Trial Attorney with a proven track record in DUI cases. When speaking with prospective legal counsel, ask about the firm’s DUI case victories and recent successes.

 Click Here to Speak with a DUI Defense Attorney for Free.

Call DMCantor 24/7 at 602-560-4004 or Contact Us Today For Your Free Arizona DUI defense Consultation – You Can’t Afford To Wait. For more information on Possible DUI Defenses in Arizona, please refer to our parent site for DMCantor.

Click here to see a Complete List of DUI Victories.

Click here to Schedule a Free Consultation.

Comparison Questions to Ask When Hiring a Lawyer

Request a Free Consultation

Fill out the form below to recieve a free and confidential intial consultation.

Click here for important legal disclaimer.

    CURRENT/PAST ASSOCIATIONS & AWARDS


    10.0 Superb Rating AVVO Criminal Defense

    10.0 Superb Rating
    AVVO Criminal Defense

    AV-Highest Rated Preeminent Lawyers Martindale-Hubbell

    AV-Highest Rated Preeminent Lawyers
    Martindale-Hubbell


    Life Member
    National Association of Criminal Defense Lawyers

    Super Lawyer Criminal & DUI Defense

    Super Lawyer
    Criminal & DUI Defense

    Ranking Arizona

    Voted #1 (2020)
    Ranking Arizona

    Nation's Top 1% Attorney National Association of Distinguished Counsel

    Top 1% Attorney
    National Association of Distinguished Counsel

    Top 100 Trial Lawyers (Criminal Defense) American Trial Lawyers Association

    Top 100 Trial Lawyers
    (Criminal Defense)

    American Trial Lawyers Association

    Top 10 DUI/DWI Law Firm American Institute of DUI / DWI Attorneys

    Top 10 DUI/DWI Law Firm
    American Institute of DUI / DWI Attorneys

    Client Satisfaction Award American Institute of DUI / DWI Attorneys

    Client Satisfaction Award
    American Institute of DUI / DWI Attorneys

    Top 100 Lawyer American Society of Legal Advocates

    Top 100 Lawyer
    American Society of Legal Advocates

    Member National College for DUI Defense

    Member
    National College for DUI Defense

    Top 10 Attorney National Academy of Criminal Defense Attorneys

    Top 10 Attorney
    National Academy of Criminal Defense Attorneys

    Charter Member Trial Masters

    Charter Member
    Trial Masters

    Member DUI Defense Lawyers Association

    Member
    DUI Defense Lawyers Association

    Lifetime Charter Member Best Attorneys of America

    Lifetime Member
    Best Attorneys of America

    Member American Bar Foundation

    Member
    American Bar Foundation

    Sustaining Member Arizona Trial Lawyers Association

    Sustaining Member
    Arizona Trial Lawyers Association

    America's Top 100 Criminal Defense Attorneys

    Member
    America's Top 100 Criminal Defense Attorneys

    Member American Association for Justice

    Member
    American Association for Justice

    Life Member Arizona Attorneys for Criminal Justice

    Life Member
    Arizona Attorneys for Criminal Justice

    Superior DUI Attorney National Advocacy for DUI Defense

    Superior DUI Attorney
    National Advocacy for DUI Defense

    Superior DUI Attorney National Advocacy for DUI Defense

    2019 Litigator of the Year
    (Criminal Law)

    American Institute of Trial Lawyers

    Member Since 1989 American Bar Association

    Member Since 1989
    American Bar Association

    DUI Expertise

    Best DUI Lawyers in Phoenix
    Expertise

    Call Now Button