Articles Posted in Arizona DUI Defense

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When the primary DUI evidence is found to be inaccurate, this often leads to dismissal of charges.

People often ask “Which is more reliable, a DUI blood test or breath test?”   But the fact is, that inaccuracies can result from both types of testing.   In an effort to increase the accuracies of testing,  rules and methods are in place in Arizona, with regard to administering the DUI Breath Tests.   But despite these laws,  all tests are subject to human errors in administration and equipment errors.

These rules include creating, and maintaining quality assurance programs.  The program requires that breath test machines to be calibrated and regularly checked to make sure they are functioning properly, and reading within certain blood alcohol concentration ( BAC) accuracy limits.   Regular maintenance and calibration checks must also following guidelines such as be completed about a month apart. More comprehensive quality check-ups must be completed about every 3 months.   Other procedures include making sure the breath test operators are properly trained and licensed to administer the breath tests.

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10 factors that can result in insufficiency of DUI blood samples

DUI Blood evidence is considered by many to be more reliable than a breath test.  However, that is not always the case.  Questions of validity may still surround any forensic evidence, and should be evaluated for admissibility in court, by the prosecutions and the defense.  They should never be taken at face value without proper validation of the results.

Confirming a suspect’s Blood Alcohol Content (BAC) levels is critical in the State’s ability to prosecute a DUI.  The same is true for evaluating the existence of drugs in a person’s systems that are capable of causing driver impairment to the slightest degree.

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Road rage is prosecuted as a criminal offense in Arizona  

The National Highway Safety Administration (NHTSA) as driving that markedly exceeds the normal safety driving behaviors. It consists of driving that affects other motorists and their passengers and places them in unnecessary danger.

Law enforcement agencies recognize it as driving that includes unsafe moving traffic violations that endanger others or their property.

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AZ Drug Recognition Program Earns National Recognition for Success in Identifying Drug Impaired Drivers

Many Police Officers in Maricopa County are trained in drug recognition and evaluation. This intense and specialized training allows them to distinguish between drug impaired drivers from medically impaired drivers. Symptoms are often similar or the same in both situations.

Qualifications to Participate in DRE

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This week, the State of Arizona granted Maricopa County Sheriff’s Office (MCSO) a sum of $230,000.00 for DUI and Speeding enforcement.  The funds will be used to increase patrols; pay over-time for DUI investigations; drug recognition; and detention.

In addition to having some of the toughest laws and penalties for DUI – DWI, Arizona also has some of the best Impaired Driver enforcement programs in the USA.  For police officers they provide strong training programs; opportunities for Drug and DUI phlebotomy training; Drug Recognition Education (DRE);  tenured prosecutor as the Traffic Safety Resource Prosecutor (“TSRP”).; Defense Expert Banks;  extra funding for special task forces such as DUI and Underage drinking;  special motorcycle task forces; other DUI processing vehicles and other resources.

Arizona DUI laws

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National Center of Disease Control (CDC) weighs in on predictable effects based on BAC

A person’s BAC refers to the Blood Alcohol Content found in a person’s body. This can be measured through means of a DUI breath or Chemical Blood test. If a certain limit is exceeded, the motorist was found to be driving impaired due to alcohol they will be arrested for DUI charges.

Each state has adopted its own legal limit. In Arizona, the legal limit is 0.08%. Arizona is considered to have one of the motorist DUI laws in the country because it goes a step further. Arizona motorists may be arrested for DUI even if their BAC does not exceed 0.08%; and even if the motorist has not alcohol in their system.

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Under Arizona Law A.R.S. 28-2831 (I) (6) DUI sentencing includes use of certified Ignition Interlock Device (IID) among other penalties.

Following reinstatement of fog a 90 day suspension for Misdemeanor DUI first time offense, the defendant will be required to equip their vehicle with a certified IID. The period of time ordered by the court may be 6 months to one year depending on the circumstances of the conviction. Factors the judge considered includes whether or not the impairment was due to drugs or alcohol; the degree of impairment; status and validity of driver’s license at the time of the stop.

Definition of Ignition Interlock Device

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The National Highway Traffic Safety Administration (NHTSA) sponsored research that focused on motorcycle DUI – DWI indicators. These are early cues police may use to detect a non-impaired driver from an impaired driver who may be under the influence of alcohol or drugs.

Motor Cycle DUI Indicators

NHTSA’s recent studies turned up 14 indicators, as well as probability levels of certain driving behaviors being consistent with impaired or drunk driving:

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In Arizona, a motorist may be charged with Marijuana DUI, if they are under the influence of Marijuana, and they are driving “impaired to the slightest degree” A.R.S. 28 § 1381.

The burden of proof rests with prosecution to “prove beyond a reasonable doubt” that a person was actually driving impaired due to Marijuana found in their bloodstream.

Marijuana can actually remain in the blood stream for days and even weeks depending on how much was inhaled or ingested, and the frequency of use. In some cases, traces of Marijuana can be found after a month of use has passed.

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How to preserving your rights after arrest: To know them is to protect them.

The most important thing you need do is to preserve your rights after a DUI arrest in Mesa. By doing this you will protect your rights to defend your charges. Failure to preserve your rights, may waive or limit otherwise viable defenses. Here are some tips to protecting yourself from waiving defenses, or to limit the strength of the prosecution’s case against you.

  • Never resist arrest –At the point police decide to make an arrest, you must cooperate. Limit any discussion. Do not argue. That will only lead to additional more serious charges. Resisting arrest may also compel the police to use force, which will result in physical harm to you.
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