Have you been stopped by a police officer and charged with a DUI? Are you looking to contest the test results that the State wants to use against you? In Arizona, there are several options for challenging DUI test results; depending on your set of circumstances, each strategy has a different likelihood of success. To learn more or to see which method(s) would work for you, contact a Phoenix DUI attorney as soon as possible to discuss next steps in your case.
What is the Difference Between Each Test?
A breathalyzer is a device that officers use to track your blood alcohol content (BAC) based on each breath you take. A blood test, similarly, can detect a person’s BAC. The blood test can find alcohol in a person’s blood for up to 12 hours after drinking. A field sobriety test occurs when a police officer asks an individual to complete physical and mental tasks to determine if the person is intoxicated (i.e., standing on one leg, walking and turning).
Method 1: Challenge the Testing Procedure
The first method you might be able to use to challenge the results of a breath, blood, or field sobriety test is challenging the actual testing procedure. Officers do not always follow the correct testing procedures when stopping individuals for a breath, blood, or field sobriety test. It might be the case, for example, that the officer’s testing kit had expired, that your blood sample was not labeled correctly, or that the officer failed to use the precise proportion of chemicals when compiling the test.