Articles Posted in False Positives

Arizona driving under the influence (DUI) charges can significantly impact a person’s livelihood and reputation. While the short-term consequences may be hard to deal with, the long-term effect can hinder education and job opportunities, social relationships, and even family relationships. As a result, those who face these charges should consult with an attorney before agreeing to any terms or negotiations. Almost every case has a defense, and an attorney can help present a legally sound and compelling case to a judge or jury.

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.

The people of Phoenix have a strong advocate in our law firm. We offer expert DUI defense strategies, always focused on providing clients with fair hearings and proper legal consideration from the authorities.

While law enforcement relies on technology to make assessments of sobriety, sometimes their DUI tests are flawed and inaccurate. A breathalyzer test, for example, may result in a false positive and an unjust drunk driving arrest. Let's explore the issue in more detail.

What Is a False Positive?

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