Phoenix DUI Lawyer | DUI Defense in Arizona
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Phoenix DUI Lawyer | DUI Defense in Arizona

August 24, 2019


Hi I’m David Cantor with the Law
Offices of David Michael Cantor. Welcome to my blog, today’s topic is going to be DUI defenses. Now DUI defense is a lot of
people ask me “what defenses are there if I gave a blood or breath test, i’ve
been stopped, I got the ticket now i’m here to see you, what can i do?” Well the defenses are numerous and their
diverse, first there’s no actual physical control. What does that mean? Under Arizona law,
you have to actually be operating a motor vehicle in order to be cited for DUI, people say well I didn’t feel well I pulled off the roadway, I put my car in park but I left engine on
to run the air conditioner, or the heater it’s winter time. Was I in Actual Physical Control? The answer is no. Under the law if you
voluntarily relinquish control and you meerly use it as stationery shelter, that being your
car, you have a defense. Another defense, no reasonable suspicion
to stop, was I stopped because I was merely pulling out of a bar late at
night or I was the wrong color in the wrong neighborhood, that is one of the elements we look for. Another defense that we look for is Denial of Right to Counsel, when she said look I want to call my lawyer, if they don’t let
you call a lawyer or give you a phone or the phone book
while you’re in custody, that reading can be suppressed and the whole
case can be thrown out. why? because we would have told you, hey get an
independent blood test but your body is burned off that evidence by the time you
see us, we can never regain that opportunity and that’s why if there’s
denial right to counsel that’s an issue. No private phone call, you do you call
a lawyer and we say ask the officer for private
phone call, officer can you leave the room, No I can’t leave the room because the
machine is next to you, it’s our policy we don’t let you alone with the breath
testing device. Well, that’s a defense it has a chilling
effect we cannot talk to you indepth because you may see such things as well
i had x amount to drink, or I maybe smoke something
or took some drugs so we’re not going to ask you questions that will promote verbal response infront of the
officer but that is a defense to the charge.
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the standard quality insurance procedure the 31 day records, the 90 day
records and we will look through those records, blood testing devices, same thing fermentation within the blood creates
alcohol that’s a defense, might be microbials, we also look
for a coagulants, if the anti-coagulant powder in the bottom of
the vial didn’t work and there’s a blood clot believe it or not, the solid does
not contain alcohol and it raises the alcohol reading in the rest
of the blood that’s left in the vial, that’s the defense. We will actually go out and look at the
vial and hire an expert who will re-test that blood. Some of the other oddball defenses is we
call them come down to some constitutional issues on the timing, did they wait too long before they charged
you, did they give you a blood destruction notice? They didn’t charge you sometimes up to a year later and since that time the second vial of blood that they keep so you can
analyze it independently gets destroyed. So there are many many many defenses to
a DUI, they can be beaten, we routinely beat them and that’s why you need to give us a
call so we can help you out on these.

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  1. Your video is very informative where we can get lots of information about law. Thanks for sharing this!!

  2. You present information that is very important in DUI cases. You mentioned some topics that include the DUI attorney having specific knowledge in technical and scientific information. This is why it is so important that if anyone is charged with DUI, they should only contact an attorney who specializes in DUI cases.

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