Sobriety Testing

December 17, 2021

False Positive Readings on Ignition Interlock Devices in Arizona

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.

November 25, 2020

Enhanced Arizona DUI Patrols Over the Holidays

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

Arizona ride-sharing and cab services are a popular way for residents to enjoy holiday festivities without the risk of impaired driving. However, as COVID-19 continues to spread throughout the state, people are understandably concerned about the various health and safety issues associated with ride-sharing services. In turn, individuals may be more likely to drive under the influence of alcohol, especially around Thanksgiving, Christmas, and New Year’s Eve. As a result, Arizona law enforcement increases their DUI patrols during the holiday season.

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.

October 23, 2020

What Happens if You Refuse a Breath Test in an Arizona DUI Traffic Stop?

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

One of the biggest fears for most motorists is seeing the red-and-blue lights of a police officer’s patrol car flick on in their rear-view mirror. While the process of getting pulled over is stressful for anyone, this is especially the case for those who have had a drink or two. For many motorists, the thought of refusing a breath test crosses their mind. However, there is a lot of misinformation when it comes to Arizona breath test refusals. In this post, we discuss what a refusal is, and its legal significance.

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:

February 17, 2015

Blood Alcohol Content (BAC) Tests and DUIs

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

We at The Law Office of James Novak believe that all people in the Phoenix area who have been charged with drunk driving should receive a fair shake from the law. That's why we offer skilled DUI defense focused on dropping or reducing charges and penalties. We also want to provide motorists with a basic understanding of their legal rights, their Constitutional protections, and other valuable information that can help them if they are pulled over and suspected of drunk driving.

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)