Dui Category Archives — Page 4 of 10 — Phoenix DUI Law Blog Published by Phoenix DUI Attorney

December 1, 2017

Field Sobriety Tests on Uneven Ground

One of the most common ways for an officer to write a DUI ticket is by having a driver perform a field sobriety test. There are several kinds of tests, and there are also several circumstances that have an impact on a test result. Field sobriety tests on uneven ground can be cause for concern, because the result may be inaccurate.

Phoenix, AZ attorney James Novak offers effective DUI defense strategies for all types of DUI cases. If you are charged with DUI after having taken a field sobriety test on uneven ground, you should challenge the test results and the underlying charge of DUI.

Three Types of Tests

November 15, 2017

Field Sobriety Tests and Improper Instruction

by James E. Novak, P.L.L.C.

A DUI case is a serious matter, and deserves a serious defense. Drivers who are pulled over for DUI face possible loss of driving privileges, as well as other harsh consequences. Most arrests start with an initial traffic stop, followed by a field sobriety test. When field sobriety tests involve improper instruction, the defendant can make a case that the charges should be dropped.

Phoenix, AZ attorney James Novak has a proven track record for successful defense of DUI cases. Drivers should include improper instructions given during a field sobriety test as part of their defense to the DUI charges.

Types of Field Sobriety Tests

November 1, 2017

Issues With DUI Blood Test and Chain Of Custody

by James E. Novak, P.L.L.C.

Being arrested for DUI (driving under the influence) can have serious consequences. Drivers risk losing the right to drive if convicted, so a dynamic defense is a must. Phoenix, AZ attorney James Novak is experienced in handling DUI cases.

Problems with a DUI blood test may allow us to get your charges reduced or dropped. Drivers charged with DUI should challenge the blood testing procedure and equipment, and a careful examination of the chain of custody should be part of this analysis. When breaks in the DUI blood test and chain of custody are found, the entire testing process is called into question.

Who Is Authorized to Draw Blood for DUI Testing?

October 1, 2017

How Improper Storage of a Blood Sample Can Affect DUI Blood Tests

by James E. Novak, P.L.L.C.

If you have recently been charged with a DUI in Phoenix, AZ, Attorney James Novak can challenge the blood evidence given by the prosecution. Improper handling and storage of a DUI blood test can be used in your defense, leading to suppression of evidence or even a complete dismissal of your charges.

There are several vulnerabilities regarding the collection and analysis of blood samples. These weaknesses can lead to the inaccuracy of the blood test results. Read on to learn more about DUI blood tests and improper storage of the sample.

Collection Tubes Used in DUI Blood Testing

September 15, 2017

Residual Alcohol Can Result in an Inaccurate DUI Breath Test

by James E. Novak, P.L.L.C.

A breathalyzer is one of the most common ways to test for intoxication. However, these tests are not always accurate. There are numerous factors that can contribute to a false reading, but residual alcohol is one of the most frequent. Alcohol can remain in your mouth, even if it has not been absorbed into your blood stream. Further, some foods and drinks contain trace amounts of alcohol. Though not enough to be felt, the alcohol that remains in your mouth may affect the results of a DUI breath test.

James Novak is an experienced DUI defense attorney in the Phoenix, AZ area. He has successfully defended those who are facing serious charges of drunk driving. Often, he can get the charges lessened or dropped entirely. Understanding the fluctuations and unreliability of breathalyzer tests, he may be able to find highly convincing evidence to clear your name and restore justice on your behalf.

What Causes Faulty Breathalyzer Results?

September 1, 2017

DUI Blood Tests – Whole Blood vs. Serum Testing

by James E. Novak, P.L.L.C.

Driving under the influence of drugs or alcohol has been proven to impair decision-making, slow reaction times, and increase the risk of an auto accident. With all the risks associated with DUI, it is understandable that this crime carries harsh penalties. Unfortunately, some drivers are unjustly prosecuted or given overly strict sentences, largely due to inaccurate chemical testing. Those who have been arrested for DUI should contact an experienced DUI defense attorney, such as James Novak, to ensure their rights are protected throughout the criminal proceedings.

A DUI blood test measures the concentration of alcohol in the blood to show how inebriated the subject is at the time of arrest. Chemical BAC tests are often the strongest piece of evidence in a DUI case. Blood tests are known to be the most accurate form of DUI testing. However, errors or inaccurate readings can occur. Here, we compare the two techniques for DUI blood tests – whole blood vs. serum testing, and discuss how our Phoenix, AZ clients’ results may be affected by the type of testing that was used during their arrest.

Whole Blood Testing

August 15, 2017

Breathalyzer Results and the Flow of Breath

by James E. Novak, P.L.L.C.

Police officers often rely on DUI breath test devices, most commonly a Breathalyzer test, to determine if someone is driving while under the influence. However, a DUI breath test only provides an estimate of blood alcohol concentration and may be challenged in a court of law. There are many factors that can affect the results of a Breathalyzer test. One significant factor is the flow of breath itself.

Let's take a moment to consider Breathalyzer results and the flow of breath in DUI cases. To learn more about your legal rights regarding Breathalyzer results and the flow of breath, contact the law offices of James Novak in Phoenix, AZ.

About Breath Alcohol Tests

August 1, 2017

Can Herbal Supplements Affect DUI Blood Test Results?

by James E. Novak, P.L.L.C.

Police officers are responsible for stopping drunk drivers. One way police officers determine if someone is driving under the influence is through the use of a DUI breath test. Many people do not realize that they can decline to take a DUI breath test in favor of the more accurate blood test.

However, even DUI blood tests can be inaccurate. In fact, certain herbal supplements can affect the results of these tests. Find out more as we take a closer look at herbal supplements and DUI blood tests. If you have been charged with a DUI, contact our Phoenix, AZ office to learn more about your legal rights.

DUI Breath Test vs. DUI Blood Test

July 14, 2017

The Legitimacy of the DUI Breathalyzer Scale

by James E. Novak, P.L.L.C.

It is widely assumed that a DUI breathalyzer scale is infallible, however, it is not. A breathalyzer does not measure exactly a person’s blood alcohol content (BAC) – a blood sample would be required to do that – but instead, it provides an estimate by measuring amounts of alcohol in the breath.

From testing errors to the use of mouthwash, there are many reasons for DUI breath test false positives and elevated readings. Because a DUI conviction results in life-altering consequences, it is imperative to have quality legal representation. DUI attorney James Novak in Phoenix, AZ has an outstanding track record in successfully omitting inaccurate DUI breath test results to spare innocent clients of harsh penalties they do not deserve to face.

What Causes Inaccurate BAC Readings?

July 1, 2017

Can Mouthwash Affect Breathalyzer Results?

by James E. Novak, P.L.L.C.

When you're charged with drunk driving, it can have a major impact on your life. Simply getting to and from work may become a major hassle. That's why it's important to speak with a DUI defense lawyer familiar with Phoenix and Arizona drunk driving laws. An attorney's experience with DUI cases can be crucial for you as you attempt to get charges dropped.

The fact of the matter is that there are many potential flaws when a police officer measures sobriety. We have talked about DUI breath test problems and false positives many times. Right now, we want to address a popular topic about breathalyzer tests. Some people say that using mouthwash can cause you to fail a breathalyzer. Let's look into the issue in more detail.

How a Breathalyzer Works