What Breath Tests Are Used in Phoenix?
Evidence for DUI Allegations
A driver who has been pulled over on suspicion of drunk driving will most likely have to submit to a battery of field sobriety tests. If these lead the police officer or state trooper to believe that the driver is under the influence of alcohol, the next step will normally be to administer a breath or
blood test to obtain an accurate reading of blood alcohol concentration (BAC). If the suspect's BAC is measured at 0.08 percent or above, the officer will make an arrest, which could lead to penalties such as a driver's license suspension, fines and jail time.
There are possible flaw with breath tests, like any other mechanical device. There can also be flaws in the way the arresting officer administered the test. Unfortunately, if an officer asks you to take a breath test, you cannot refuse. Because Arizona is an implied consent state, a refusal will mean automatic license suspension. There are various types and makes of breath test, and depending on the location of your arrest, the device used will differ.
According to the Arizona Department of State, there are four approved types of breath testing devices: Intoxilyzer Model 5000, Intoxilyzer Model 5000EN, Intoxylyzer Model 8000 and the RBT AZ. These devices are manufactured by CMI Inc. and Intoximeter Inc. Knowles Law Firm is capable of investigating these machines in order to determine if there were any flaws that might have led to a false reading on your behalf.
If you have been charged with drinking and driving after failing a breath test, it is crucial that you contact an experienced DUI lawyer in Phoenix who understands how to effectively challenge this type of evidence. Come to the Knowles Law Firm today for a confidential consultation, to learn more about your rights and your options for defense. With a team that includes a former police officer and a former Arizona Vehicular Crimes prosecuting attorney, the firm is prepared to take on any DUI case, no matter how challenging.
Challenging Breath Test Results
The handheld breath testing devices used by many law enforcement agencies are notorious for error, and in many cases the evidence they provide is simply not reliable enough to support a conviction. Even if you failed a test on a machine at the police station, an attorney from the firm may be able to subpoena the machine's calibration and maintenance records to invalidate the test results. Other factors can prejudice a breath test, including the presence of residual alcohol in the test subject's mouth or physiological conditions such as acid reflux or diabetes. An attorney from the firm can review your situation from every angle to find the most effective strategy for your defense.