Possible Defenses for DUI and DWI

Possible Defenses for DUI, DWI


There are many defenses to DUI, DWI, charges. Don’t believe the prosecutor; there are very few hopeless cases. A DUI or DWI conviction has lifelong consequences, and depending on the facts surrounding the individual case, a dismissal or acquittal is possible.
Below is a partial list of Possible Defenses for DUI, DWI, or Extreme DUI:
“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. Watch the following video to learn how David M. Cantor and his legal team handle the Arizona DUI Defense for No Reasonable Suspicion to Stop:

“No Actual Physical Control” 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. Watch the following video to hear how David M. Cantor and his legal team handle the Arizona DUI Defense for No Actual Physical Control:

“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.
“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). Watch the following video to hear how David M Cantor and his legal team handle the Arizona DUI Defense for Denial of Right to Council:

“Inaccuracy of the 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. Watch the following video to hear how David M. Cantor and his legal team handle the Arizona DUI Defense for Inaccuracy of the Breath or Blood Testing Device:



“Retrograde Extrapolation below .08% BAC at Time of Driving” (Or below .15% If Extreme DWI). It can be shown through a math calculation that any alcohol drank in the last hour prior to being stopped would still be in your stomach and not in your blood system “at the time of driving”. For example, a one hundred and fifty (150) pound man who had a breath test of .15% an hour after he was stopped, yet he drank three beers in the last hour before leaving the bar, it can be shown that his BAC “at the time of driving” was as low as .075%. This number can go even lower due to other factors such as a ten percent variance and inaccurate blood to breath conversion ratios (i.e., “2100-1″) which are inherent to all breath testing devices. As of 7/17/00 the Legislature passed a law stating that this is only a defense to the DUI charge, not the DWI or the Extreme DWI charges. However, we will be challenging this change in the law as unconstitutional. This has already been successfully reversed in Delaware and Pennsylvania. We are currently challenging this law in the Appellate Courts. See us immediately to discuss the ongoing status of the “BAC at the time of driving” defense.
Additionally, because our law firm fights conviction from all angles, we would assert a wide range of defenses and challenges to constitutional violations that apply in all criminal cases. The possibilities are numerous and diverse. One of those we frequently assert is a “Miranda rights violation.” In Arizona, the standard of whether an incriminating statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a “voluntariness” standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, the “denial of right to counsel” is another common defense which is often raised. 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.) Watch the following video to hear how David M. Cantor and his legal team handle the Arizona DUI Defense for Denial of Right to Counsel. Lastly, one of the most common defense tools is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.

http://dmcantor.com/dui-vehicular-crimes/dui-dwi