10 Ways to Beat an Arizona DUI
In order to beat Arizona DUI, you have to be familiar with the DUI laws of the state. You need to understand the protocol in the courts and also the defense you can present to defend the charges against you. With the right kind of defense strategy, you can either get the charges reduced or the case dismissed. These are a few of the strategies you can use to beat Arizona DUI charges.
1. No Reasonable Doubt of DUI – It is necessary that the officer on duty should be reasonably sure that you are driving in an intoxicated condition to stop and interrogate you. Even if you have been weaving in and out of the traffic for a short distance, it does not show that you are intoxicated.
2. No Cause for Arrest – The officer needs to have enough suspicion to arrest you after the stop. If you can prove that the officer did not have any grounds for arresting you, the case can be dismissed regardless of the test results that were obtained afterwards.
3. Not a Complete Stop – To beat Arizona DUI, you can show that intoxication was not the reason for your not stopping properly at the traffic signal. This can be due to many other reasons and it is not a conclusive proof of DUI.
4. Weaving In and Out – If the officer stopped you for just an occasional weaving in and out of the lane then it can be challenged too. You may have done it to due to inclement weather conditions or to avoid an accident. If weaving was not done consistently, then the officer was not right to stop you.
5. Driving Over the Speed Limit – It has been proved that speeding and DUI are not always related to each other. Thus, speeding cannot be the reason for suspecting intoxication. The defense also needs to show that a speed detection instrument was used to show over-speeding.
6. Not a Random Stop – The NHTSA has provided that the officer in charge should stop vehicles according to the formula that has been drawn up. You can point out if there was a deviation in your case.
7. Delay in Getting to the Testing Site – You can protest about the delay in taking you to the chemical testing site after being stopped.
8. Swaying May Not Be Due To DUI – The officer on duty will make sure that he finds all kinds of proof against you. Sometimes, your staggering on the sidewalk may be due to other reasons like an uneven road or high heels. A particular medical condition may also cause swaying.
9. Alcohol Bottle Not Yours – If there is an open bottle of alcohol in the car, then the officer might use it as proof for DUI. But you can also show that it belonged to a co-passenger or that you had borrowed the car and did not know about its presence in the car.
10. Breathing For More Time – Usually, 10 seconds is the time you should breathe into the machine to determine the intoxication. Accuracy of the test result depends on whether you breathe into the machine for that much time or more.