In the State of Arizona there are many possible defenses to a DUI/DWI. Many Prosecutors will try and scare you into taking a plea by saying there is no hope for your case. There are many defenses and hope for your case. Below is a list of Possible Defenses for DUI/DWI that a good Arizona DUI Attorneyshould use:

• “No Reasonable Suspicion to Stop” – In Arizona, officers are not permitted to stop someone based on race, religion, gender, age, sexual preference or a host of other reasons.

• “No Actual Physical Control” – If you have had too much to drink and decide to pull off the roadway and leave the vehicle running and attempt to sober up by sleeping, then they are not in “actual physical control” of the vehicle and would not be guilty of a DUI in Arizona.

• “No Probable Cause for Arrest” – If an officer does not have probable cause to arrest someone who is under the influence of alcohol, then the arrest will not be valid (if Field Sobriety Tests were not administered properly).

The NTSB has set forth guidelines regarding FSTs, the tests should not be given if:
o Is 50 pounds or more overweight
o Is 65 years or older
o Has any back, hip, leg, knee, ankle, or other physical ailment
o Any disability effecting balance
o Wearing shoes with differing heel heights (2 inches or higher)

Always remember, you do not have to submit to a field sobriety test. Don’t believe an officer of law enforcement if he tells you otherwise. In addition, if the ‘eye test’ was given by an officer who is not yet certified to give that test, it can be inadmissible in a DUI case in Arizona.

It is important to note that if the only basis for arrest is refusing to perform Field Sobriety Tests, then the arrest will likely be invalidated.

These are just a couple of possible defenses used by highly successful and sought after DUI Attorneys in AZ. The best attorneys will know how to best handle your case and defend you aggressively.

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