Understanding Arizona DUI Defense Strategies And How To Take Action
Being arrested for a DUI is embarrassing and stressful. Unfortunately, many Arizona residents have found themselves in this situation. The popular view is that this crime is preventable and in some cases, the person who could have prevented it was the police officer. Malfunctioning testing equipment, improperly administered field tests, and unfair treatment are just a few of the Arizona DUI defense strategies that are used successfully in court.
Even police officers will admit that Arizona breath testing devices are very finicky. Prior to a test being conducted, the equipment must be properly calibrated. Proper testing procedure must be followed in order for the test to be deemed valid. Results from portable breath testing devices are inadmissible in court due to the proven scientific unreliability of these devices. Previous issues regarding the reliability and accuracy of an intoxilyzer device provide many avenues for challenging test results.
Arizona Field Sobriety Testing
In order for a field sobriety test to be considered valid, it must adhere to the guidelines established by the National Highway Traffic Safety Administration. Tests include the one leg stand, walk and turn, and horizontal gaze nystagmus. If a suspect is at least 65 years of age, is overweight by 50 pounds or more, is wearing shoes with a two-inch or higher heel, has a balance-related disability, or has an injured ankle, knee, leg, hip, or back, a field sobriety test should not be administered.
Submitting to a Arizona field sobriety test is a voluntary choice. Few people are able to properly perform these tests when sober due to nervousness, poor instructions, unfavorable environmental conditions, and the fact that the tasks do not come naturally to most individuals. Despite knowing this, police officers attribute poor test performance to possible intoxication.
Pulled Over For No Reason
Police officers may only stop drivers if they reasonably suspect that criminal activity is taking place. An investigatory stop for other than a constitutionally valid reason is considered unlawful. Any evidence of drunk driving acquired during such a stop is inadmissible. The same holds true during an arrest, leading many drunk driving cases to be dismissed from court.
Anyone who believes that these or other Arizona DUI defense strategies, such as a violation of Miranda warnings, denial of right to counsel, or denial of independent testing apply, should take action. Requesting a free DUI evaluation from a DUIRights.com Arizona attorney skilled in drunk driving cases may reveal the existence of a strong defense strategy. This will formulate a case that increases the likelihood of a positive outcome and getting your life back on track.