Beat a DUI Conviction by Breaking the Chain of Evidence
Why do you need a defense? Many people give up before the case even begins. They think, “I had something to drink and I drove a car.” It is not that simple. Under Arizona law, it is not illegal to consume alcohol and drive a motor vehicle. Any juror who does not understand this or does not agree to follow that principle can be stricken for cause and removed from the panel. The state has much more to prove.
Think of a DUI case like a ship dropping an anchor into the ocean. The anchor connects to the boat with a chain. Sever any link of the chain and the boat sails away. Each link in the chain is critically important because if one fails, they all fail. Your DUI charges are similar. The phases of your case can be likened to individual chain links that must be connected, AND HOLD TOGETHER, in order for the state to succeed. If the state’s links break, your ship sails free. And despite what they would like you to believe, their links are not as strong as you may think.
Ways to break the chain:
- No Reasonable Suspicion for the traffic stop
- No Actual Physical Control (“APC”)
- Violation of Right to Independent Test
- No Probable Cause to Arrest
- Denial of Right to Counsel
- Denial of Miranda Rights
- Improper Field Sobriety Test Execution
- No Horizontal Gaze Nystagmus Log (“HGN” or “pen test”)
- Improper DRE (“Drug Recognition Expert”) Protocol
- Partition-Ratio Defense
- Intoxilyzer 8000 (Breath Test) Error
- No Deprivation Period
- Improper Deprivation Protocol
- Improper Calibration of Intoxilyzer Device
- Chain of Custody Gaps
- Phlebotomy Errors or Improper Protocol
- Lab Lacks Uncertainty of Measurement
- Improper Sealing of Blood Sample
- Crane Errors in Gas Chromatography Processing
- Improper Sample Preservation
- Requirement for Retrograde Analysis
- Improper Opinion Testimony
- Destruction of Evidence
- Failure to Disclose Evidence to the Defense
- Brady Violations
- Rule 8 Time Limit Violations
These are just a few of the many items. Many people feel they don’t deserve a proper defense. Nothing could be further from the truth. You have rights guaranteed to you by the Constitution, case law and statue. These rights cannot be trampled on and must be protected.
For more information on beating a DUI conviction, a free initial consultation with a DUI lawyer is your next best step. Get the information and legal answers you are seeking by calling (602) 833-4548 today. Contact us for a free evaluation today!