The legal consequences only heighten for every subsequent charge, and those accused of a DUI should make sure that their case receives fair and impartial review. Defenses may involve technical and complex legal theories, and others may revolve around a flat-out mistake of law or fact. A typical example of a mistake involves false positive readings on ignition interlock devices (IID).

Generally, technicals install IID’s in vehicles following a court order. According to the Arizona Department of Transportation (ADOT), the technician wires the device to the ignition and installs it on the vehicle’s dashboard, in addition to a camera and GPS. A driver cannot start the vehicle until they exhale into the device. The engine will not start if it detects alcohol on the driver’s breath. In an attempt to address fraud, the device will randomly prompt the driver to provide a sample throughout their journey. When the sample exceeds the permitted Blood Alcohol Content limit or fails to detect a sample, the car will continuously alert the driver.

However, while these devices are precise and pick up the slightest amount of alcohol; a positive reading may stem from everyday objects. For example, the device may pick up on:

• Breath spray,
• Cologne,
• Cough medicine,
• Cough drops,
• Mouth wash,
• Hand sanitizer,
• Certain baking extracts, and
• Energy drinks.

The device cannot distinguish between alcohol from these objects or alcoholic drinks. False positives can have disastrous consequences on an individual and may result in hefty fines, incarceration, and license suspension or revocation. Further, the devices may incorrectly log a reading because of incorrect installation or a defect in the device. These seemingly minor errors can have lifelong consequences on the accused. An Arizona criminal defense attorney can help establish a credible and effective defense against these serious charges.

Contact an Arizona DUI Defense Attorney

If you or someone you know is facing Arizona DUI charges, contact the Phoenix criminal defense lawyer at the Law Office of James E. Novak. Attorney Novak is an experienced and highly skilled attorney with years of successful litigation experience. His office represents clients in an array of criminal matters, including Arizona DUI defense and charges related to assaults, aggravated assault, theft, burglary, vehicular offenses, sexual offenses, probation violation, and drug charges. Attorney Novak is a preeminent Arizona criminal defense attorney and has published several resources on criminal law. He provides clients with compassion, respect, and zealous representation at every point of their case. Contact the Law Offices of James E. Novak at (480) 413-1499 to schedule a free initial consultation.

Driving under the influence can have a serious impact on a motorist and anyone in their path. In addition to causing severe bodily injury and death, driving under the influence (DUI) in Arizona can result in hefty penalties, criminal charges, and incarceration. In addition to alcohol, driving under the influence includes any substance that may impair a person’s ability to operate a vehicle safely, such as both illegal and prescription medication. According to the Arizona Department of Transportation (ADOT), there are nearly 5,000 alcohol-related collisions, resulting in over 250 deaths every year.

Prevention is the most important step that an Arizona motorist can take to avoid causing serious injuries or death to themselves and another. However, the inherent nature of alcohol consumption is that it impairs a person to make wise judgments. Individuals attending holiday events should plan ahead to make sure that they have safe transportation. Further, Arizonians should avoid drinking while driving, which may be an issue during this time of “drive-by” celebrations and holiday gatherings.

In Arizona, individuals operating a vehicle with a blood-alcohol content of 0.08 may face a DUI charge. In addition, under Arizona Revised Statute 28-1381, a person may face DUI charges if they exhibit an impairment to the “slightest degree.” The statute allows law enforcement to pull a motorist over if they exhibit any sign of impairment. This means that a driver who only had one drink or is experiencing fatigue may still face DUI charges.

It is important that motorists know their rights if they get pulled over by an officer or approach a mandatory DUI checkpoint. Arizona drivers have the right to decline field sobriety tests, such as walk-and-turn tests, balance checks, and gaze checks. Further, although drivers must provide law enforcement with their license, registration, and insurance, they may politely decline to answer incriminating questions. Motorists also maintain the right to a lawyer if they are arrested. Finally, arresting officers must give anyone arrested their Miranda Rights before asking them to make any statements.

Have You Been Arrested for a DUI in Arizona?

If you have recently been arrested for any type of Arizona drunk driving offense, contact the Law Office of James E. Novak for immediate assistance. Attorney Novak has extensive experience successfully representing Arizona clients facing all types of accusations. DUI crimes are serious charges and require a dedicated and experienced attorney. Attorney Novak possesses the legal acumen and litigation experience to provide you with the aggressive representation you need and deserve when taking on the prosecution. To learn more, contact Attorney Novak at 480-413-1499, to discuss your charges.

Arizona has what is called an “implied consent” law. Under this law, motorists agree to submit to a breath test when they are pulled over by a police officer, and the officer has reasonable grounds to believe that they are intoxicated. Of course, a police officer cannot physically force someone to take a breath test. So, motorists always have the ability (not necessarily the right) to refuse a test.

When someone refuses an Arizona breath test, that starts a series of events in motion that cannot be undone. As soon as someone refuses a breath test, the officer will take their driver’s license, and their driving privileges will be suspended. The length of the suspension will depend on how many times the driver has refused in the past:

• First refusal – One-year license suspension
• Second refusal (within seven years) – Two-year license suspension
• Third-refusal (within seven years) – Two-year license suspension

Even if someone changes their mind seconds later, the consequences of a refusal will remain in place. However, motorists will be given a temporary driving permit that will remain valid for 15 days. During this period, the motorist can challenge their license suspension. Drivers who need a license for work or school may be able to get their license back after 90 days, provided they install an ignition interlock in their car. Of course, the installation and monthly maintenance costs of these devices are quite high.

Refusing a breath test does not mean that the state cannot prosecute someone for drunk driving. While the prosecution in these cases will not have the results of any chemical tests, they will proceed with circumstantial evidence of intoxication. For example, the following facts may be used to argue that a driver was intoxicated:

• The motorist was driving erratically, or got into an accident;
• The driver exhibited signs of intoxication, such as watery eyes or slurred speech;
• The officer smelled alcohol on the driver’s breath;
• The driver was unsteady on their feet;
• There was an open container of alcohol in the car; or
• The driver admitted to consuming alcohol.

There are, however, defenses to Arizona DUI refusals, and anyone who is facing a refusal case should consult with a dedicated attorney as soon as possible.

Have You Been Arrested for an Arizona DUI Offense?

If you have recently been arrested for drunk driving in Arizona, contact Attorney James E. Novak for immediate assistance. Attorney Novak is a veteran Tempe DUI defense attorney with decades of hands-on experience defending clients in every type of DUI case. To learn more, and to schedule a free consultation, call 480-413-1499 today.

With this in mind, let’s look at how blood alcohol content (BAC) is measured and assessed and consider problems with the various testing methods.

About Blood Alcohol Content (BAC)

Also known as blood alcohol concentration, BAC refers to the amount of alcohol present in a person’s blood. This is a scientific measure of intoxication. Nationwide, the legal limit for BAC in regular motorists overs the age of 21 is 0.08%.

In order to measure BAC, there are different tests that can be performed that measure a person’s breath, blood, or urine. Let’s consider each.

Measuring Blood Alcohol Content (BAC) Using Breath Tests

The breathalyzer tests is one of the most well known BAC tests out there. A breathalyzer when used during a traffic stop is a small device with a straw at the end that a motorist is asked to blow into. A full breath test is performed at the police station using a much larger and more accurate machine that works on similar principles.

Problems with Breath Tests

Issues with metabolism and contaminants in the mouth may lead to a higher BAC being measured with a breath test. Poor calibration of portable breath tests on the road and the breath test at the police station can also lead to incorrect results regarding BAC. People taking the test should breath normally, so if they are instructed to blow hard into the machine, that can lead to a false positive.

Measuring Blood Alcohol Content (BAC) Using Blood Tests

Blood tests for BAC involve taking a blood sample and checking for the alcohol content in it. This form of BAC testing is done at the police station since it would be unsanitary and unsafe to take a blood sample while on the road.

Problems with Blood Tests

While blood tests are generally seen as the most reliable form of BAC test, there are still potential problems. Diabetes, the use of herbal supplements, and even just taking cough syrup can affect the results of a blood test and may lead to false positives. Human error, lab error, and problems with blood collection and analysis can similarly lead to incorrect results.

Measuring Blood Alcohol Content (BAC) Using Urine Tests

Urine tests, which assess BAC using a urine sample, tend to be taken only when the breath test and blood tests are not available at the police station. In general urine tests are considered the least reliable measure of BAC.

Problems with Urine Tests

One of the problems with urine tests is the timing of the sample being taken. If a driver has not voided his or her bladder in some time, the urine may actually contain more alcohol since it accounts for drinking that was done earlier in the evening. Issues with human error and lab error can occur as well.

Schedule a Consultation at The Law Office of James Novak

For more information about your legal options following a drunk driving arrest, it’s important that you contact our legal team about your DUI defense options today. When you seek the help of The Law Office of James Novak, you will receive a robust legal defense that will benefit you and help you make the smartest choices about your legal options.