Arizona DUI Breath Laws and Impacts on DUI Charges

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.

Quality Assurance checks, as well as repairs must be recorded and the records maintained for all of the official breath test machines.   Police Officers often use portable breath test (PBT)  machines for roadside screening if they suspect a driver is under the influence of alcohol or drugs.  But the law does not require that these portable screening machines be calibrated and strictly maintenanced.    For this reason, the results of PBT machines are not admissible in court as sole evidence against a defendant in court.

If, following an arrest,  evidence reveals that a breath test machine  or it’s operator were in violation of any of the procedures and laws in place, the results may be suppressed or not admitted for use against a defendant.   This is because the violations, malfunctions, or improper administration may result in errors and inflated or inaccurate BAC readings.

Often people that have been arrested for DUI charges,  where the blood alcohol content is positive, or extreme,  they wonder if it is worth it to defend their charges.   By law a person has the right to hire a criminal defense attorney to defend their charges.     A person has the right to present evidence that challenges results of the DUI breath tests. The prosecution and police will not do this for a defendant.  If the primary evidence being used against a person is not admissible in court, that this often leads to a dismissal of the impaired or drunk driving charges.

DUI charges in Arizona are criminal offenses, and call for harsh punishments such as jail terms of at least 10 days, even for a first-time, non-extreme offense.  There are many other civil and other consequences that can result from an impaired driving conviction.     For this reason it is necessary for a defendant to obtain an experienced DUI attorney to fight their charges.   The penalties in Arizona are too severe for a person to plead guilty to charges without consulting a criminal attorney, or retaining them to review their case.

DUI Defense Attorney – Chandler AZ