Arizona DUI & Criminal Defense Attorney Blog
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.
Method 2: Differences in Test Results
In Arizona, the officer is supposed to obtain two different samples. Your lawyer has the right to send the second sample to a third-party lab in order to test your BAC a second time. If there is a difference in these two results, you have solid grounds to challenge the State’s case against you.
Method 3: Investigating External Factors
If you have an external factor that could affect your BAC, your attorney should use this factor to challenge the results. For example, if you have a respiratory or digestive illness, this condition could affect the results that officers obtained during your traffic stop.
Do You Need a Phoenix DUI Attorney in Your Corner?
Here at the Law Office of James E. Novak, we work hard to get your criminal charges dropped, because we understand how much is at stake when your freedom is on the line. Our team offers personalized solutions that center on each client’s needs and goals. We are proud to provide high quality representation for those in Arizona that need it the most.
If you haven’t yet spoken with an experienced Phoenix DUI attorney regarding your case, call us at the Law Office of James E. Novak for a free and confidential consultation at (480) 413-1499. You can also fill out our online form to tell us about your case and have an attorney reach back out to you as soon as possible.