 Now DUI defenses a lot of people ask me what defenses are there if I gave a blood or breath test I've been stopped I've got the ticket now I'm here to see you what can I do well the defenses are numerous and the 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 the engine on to run the air conditioner or the heater if it's winter time gosh was I an actual physical control the answer is no under the law if you voluntarily relinquish control and you merely use it as stationary 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 no our denial of right to counsel once you said look I want to call my lawyer they don't let you call a lawyer or give you a phone in a phone book while you're in custody that reading can be suppressed in the whole case can be thrown out why because we would have told you hey get an independent blood test but your body has burned off that evidence by the time you see us we can never regain that opportunity and that's why if there's denial of right to counsel that's an issue no private phone call you do call a lawyer and we say hey ask off 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 in depth because you may say such things as well I had X amount to drink or I maybe took a smoke something or took some drugs so we're not going to ask you questions that will promote a verbal response in front of the officer but that is a defense to the charge breath testing flaws machines break all the time we get the standard quality assurance procedure the 31 day records the 90 day records and we will comb through those records blood testing devices same thing fermentation within the blood creates alcohol that's a defense might they call those 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 that it raises the alcohol reading and the rest of the blood that's left in the vial that's the defense we'll actually go out and look at the vial and hire an expert who will retest that blood some of the other oddball defenses as we call them come down to 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 when you 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 beat we routinely beat them and that's why you need to give us a call so we can help you out on these