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Defenses to Drunk Driving Charges In Arizona

Observational Behavior Evidence:

Once pulled over, a police officer will then look and observe if the witness is showing any signs that they be under the influence of alcohol.  These traits include but are not limited to: blood shot eyes, alcohol scent on a person’s breath, slurred speech, inability to concentrate, enlarged pupils.  Many defenses can also be used for the observational factors such as: person was tired, suffering from allergies or cold, extreme nervousness and anxiety after being pulled over, eye problems, other sickness, etc.

In providing defenses to both the observational driving and behavior evidence, one can try to argue that the law enforcement officer did not have enough reason or probable cause to make a stop or arrest for a DUI.

Field Sobriety Test Defenses:

Although one has the right to refuse to perform a field sobriety test in Arizona, if one has already performed a test and had a poor result, there are several arguments one could use as a defense.  Such defenses could be: the person has a physical disability which made it difficult for them to perform the tests, the person is not coordinated, the defendant could not perform well due to sickness or age, the officer conducting the test was either not correctly trained in administering the tests, the officer reached an incorrect result based on inexperience, prejudice, etc., the tests themselves are poor indications of whether or not a person is impaired.

BAC Defenses:

The defenses to breath, blood, or urine tests tend to deal with how the tests were carried out.  Possible defenses are: A sample was not properly requested by a law enforcement officer, the operator who conducted the breath test did not have the required permit, the operator who conducted the breath test did not follow checklist procedure, the operator who performed the breath test did not perform a duplicate test or witness the person charged with the violation for twenty minutes preceding the administrating of the test, the person who drew blood for the blood test was not qualified to do so, the blood or urine specimen analyst did not have a valid permit, the blood or urine analyst failed to analyze the specimen with accuracy.


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