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For even the most seasoned Arizona Attorney, defending DUI cases has always presented special challenges. Today, due to legislative developments, the introduction of blood alcohol-testing technologies, and an increasingly harsh prosecutorial climate, mounting a successful defense is more difficult than ever. That’s why Arizona attorneys will come to rely on Arizona DUI Defense: The Law and Practice.

Written by James Nesci, Board Certified by the National College for DUI Defense and Arizona DUI law expert, Arizona DUI Defense: The Law and Practice ensures that you understand the chemical, biological and technological concepts and issues underlying DUI prosecution and defense in the State of Arizona. You may rely on James Nesci for up-to-date information on key areas including: DUI Investigations, Driving & Field Sobriety Testing, Drug Recognition Evaluation and Chemical Testing, Blood Alcohol Calculations, Pre-trial Investigations and Motions, Practice, Plea Offers and Agreements, and DUI Trial Procedures.

Many practical tools and applications designed to streamline and simplify the complex DUI defense process have been developed along with this book. They are all included on a bonus CD-ROM – so you can locate, review and print them out in a matter of seconds.

Book Topics Include:

• Types of DUI
• Role of the Motor Vehicle Division
• Pre-trial investigation
• DUI investigations
• Driving behavior
• Field sobriety testing
• Drug Recognition
• Chemical testing for alcohol and drugs
• Blood alcohol calculations
• Use of expert witnesses
• DUI jury trial information
• Client relations
• Ethics and advertising
• Arizona Rules of Evidence
• Notices of proposed rulemaking

CD-ROM topics include:

• USDOT “Drugs That Impair Driving” student manual and teacher manual
• Color-coded “DUI Mandatory Sentencing Chart”
• USDOT “DWI Detection and Standardized Field Sobriety Testing” student manual and teacher manual
• USDOT “SFST Refresher Training Course” student manual and teacher manual
• Arizona rules
• Jury instructions
• NHTSA “The Detection of DWI Motorcyclists” brochure
• NHTSA visual detection (videos)

Arizona Dui Defense: The Law and Practice

In March of 2006, the Texas Alcoholic Beverage Commission along with TABC agents and Irving Texas police swept through 36 bars and arrested about 30 people on charges of public intoxication. This was supposed to be a proactive measure to stop drinking and driving. At one location, agents and police arrested patrons at a hotel bar even though some of the suspects said that they were staying at the hotel and had no intention of driving. Arresting authorities said the patrons were a danger to themselves and others. According to the TABC officials, the strategy was aimed at saving lives. Apparently, designated drivers, calling a taxi or walking home now means you can be arrested as a potential drunk driver, even when you don’t have a car.

In July of 2006, a Southern California native was quite inebriated on a Friday evening out with friends and so he decided to walk home rather than take any risks and drive. Thinking he was being responsible since he was only six blocks from his home, he was in for a big surprised when he was stopped while walking by Orange County Police. He was hauled into the station for DIP (drunk in public).

Evidently, walking home after drinking is no longer a safe measure. Even if you call a cab and leave your car, you take the chance of having your car towed away. Once you leave a bar, you run the risk of being arrested for drunk in public. Naturally, there are times when public drunk arrests are appropriate, such as when someone is behaving badly, causing a scene, fighting, throwing things, etc. But if someone is simply walking home and not bothering anyone, why place them under arrest. Your job is to serve and protect, not to obscure the evidence and arrest.

Originally published here.

PART 4: William Maze of the Maze Legal Group was invited to present on the subject of defending DUI cases in Michigan. Before a couple hundred defense lawyers in the Detroit area, Mr. Maze discussed issues such as learning how to defend drunk driving cases, obtaining discovery in Michigan DWI cases, and preparing for a drunk driving jury trial.