It is common for officers to stop people when they believe they are under the influence of drugs or alcohol. They often do random traffic stops, or they notice a car that is weaving and having a hard time staying on the roads. To verify or deny the intoxication, they will administer a number of tests. These tests can include breath and blood tests, as well as sobriety field testing. Also important is the urine test. Using readouts from this series of testing, they will charge a person with a DUI or DWI.
Anyone that is arrested in the state of Arizona must consent to chemical tests as it is an implied consent state. If the driver doesn’t submit to these tests, they will have their driver’s license suspended, as well as other penalties. These tests are the determining factor that the officers use to know whether or not a person should be charged with driving under the influence. To find out more about these tests and how they are done, continue reading below.
A breathalyzer machine tests the breath samples. The driver blows into a hand-held machine, and it determines how much alcohol is in the air that is blowing inside. The test can be given on the side of the road or at any police station. The number is indicative of how much alcohol is in the blood. If there are any alcohol-containing substances in the mouth during the test, it will give an exceptionally high reading. Additionally, if a person has burped, vomited, or regurgitated any food in the previous 20 minutes before the test is given; it can give a falsely high reading.
In some cases, the breath testing machine may not be properly calibrated. Improper calibration will cause inaccurate readings. When things like this happen, it is important to have experienced lawyers for criminal cases that knows DUI law and how to challenge these tests and their accuracy.
Said to be the most accurate, a blood test can measure the amount of drug or alcohol in the body with precision. While they may be known for their accuracy, there are some problems with the reliability factor. A good defense attorney can use this to help a case. For instance, if the sample was allowed to sit around for a period of time without properly being preserved, it can coagulate or decompose. When this happens the reading can be a false high. Furthermore, since laboratories examine different blood samples on any given day day, it can lead to errors. This is especially true if proper procedures were not followed.
Using the knowledge of tests and how improper handling can affect them, a good defense attorney can cross-examine the other party regarding these results. They will use the chemistry that was used to challenge the results and the tests accuracy. Many cases have been won due to errors in testing procedures.
The BAC, while thought to be a great test, will commonly give inaccurate information. The driver’s blood levels may or may not be correct depending on many outlying factors. A knowledgeable DUI defense attorney will be able to contest these tests based on their unreliability. If a lawyer knows for a fact that the driver is not guilty, then making the test appear as incorrect is a great defense.
A lawyer, who has experience dealing with these sorts of cases, will be able to convince the jury that the tests are not perfect. In many cases, the charges will be either reduced or dismissed. Having a lawyer on your side during a DUI case is imperative.
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