Recently on the Naegle & Crider Criminal Defense Attorneys blog, we’ve been focusing on the most common Arizona DUI defenses and what DUI attorneys look for when they take on an Arizona DUI case. Check back here to learn about the Arizona DUI defense strategies we’ve already covered. You can also learn more about Arizona DUI law by clicking here.
A lot of people don’t think hiring an Arizona DUI attorney will help because they feel like there is no defense for them. These people believe they are victim to the system and will get the same punishments and fees whether they have an Arizona DUI attorney or not. In my experience, this is simply not the case and DUI attorneys can make sure that your case isn’t a simple “conviction” for the State. You have rights that must be protected throughout the entire process and your case, like all other criminal cases, must be proved without reasonable doubt.
There are a number of DUI defense strategies that can work for even the most typical of cases. Today, let’s take a look at the “faulty field testing” DUI defense. Remember that any one of these Arizona DUI defense strategies discussed on this blog may or may not work with your case. Meet with an Arizona DUI Attorney to review the specifics of your case and what defense strategies may apply to you.
Faulty Field Testing
You are not required by law to perform any of the “Roadside Olympics” that police and law enforcement officials have you do when they pull you over and suspect you of driving under the influence. These field sobriety tests include the horizontal gaze, the walk and turn, and the one leg stand.
The National Highway Traffic Safety Administration (NHTSA) has established guidelines regarding how these field sobriety tests are to be administered in order for the results to be valid (and used as evidence leading up to a DUI arrest). 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 (past head injuries); and/or;
- is wearing shoes with heels two (2) inches or higher.
Again, your participation is voluntary and you can legally refuse to do any of the field sobriety exercises mentioned above. This is because police attribute poor performance to possible intoxication. Few people can honestly perform the tests perfectly for a number of reasons totally unrelated to intoxication. Police tend to score and report your performance on these field sobriety tests toward arresting you for a DUI, without taking into account things like nervousness, unnatural tasks, poor instruction, and unfavorable conditions of environment.
In Arizona, faulty field testing is a very reputable DUI defense that can stand up in court.
Other Arizona DUI Defenses Include:
- Lack of actual control.
- No probable cause for arrest.
- No reasonable suspicion to stop.
- Denial of right to counsel.
- Violation of Miranda warnings.
- Denial of independent tests.
- Retrograde.
If you need to speak to an attorney about the issues related to a DUI arrest, call now for a free, 24/7 DUI consultation with Charlie Naegle (DUI attorney Arizona). Call 480-245-5550 for immediate service or use the form below and someone from the firm will be in touch with you shortly. When you hire Naegle & Crider Criminal Defense Attorneys, you work directly with Charlie Naegle. Work with a firm who treats you like an individual, not a number.