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DUI Tests – Blood Alcohol Content BAC
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Arizona DUI DWI, & Drunk Driving Defense
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BAC Tests – Blood Alcohol Content Levels
Under Arizona DUI laws the prosecution has the burden to prove beyond a reasonable doubt that you were in “actual physical control” of your vehicle while driving under the influence of alcohol or drugs. You can be charged with “driving under the influence” of any drugs including legal or illegal drugs, prescription or over-the-counter drugs, if they cause you to be “impaired to the slightest degree”. So you can get a DUI in Arizona even if you have had no alcohol at all.
If the police officer wants to arrest you for DUI “driving under the influence” or DWI “driving while intoxicated” due to alcohol in Arizona, then they must obtain proof and evidence that you were in fact impaired due to drinking alcohol.
This quantitative standard for Arizona DUI charges is known as your “Blood Alcohol Content – BAC” sometimes referred to as “Blood Alcohol Levels” in your system. The Arizona prosecutor has the burden of proving through a breath or blood test results that you were driving even slightly impaired while under the influence of alcohol.
Categories of DUI DWI Charges Based on BAC Test Results in Arizona
Basically, there are four general Misdemeanor charges for DUI based on alcohol.
- Arizona impaired to the slightest degree.
- DUI 0.08 or greater.
- DUI 0.15 or greater.
- DUI 0.20 or greater.
Note: In Arizona you can be charged with one, more, or all four DUI DWI charges if your blood alcohol level was above 0.20. In other words you could face multiple charges of DUI at just one DUI Stop by police.
DUI Defense – Challenging BAC – Blood Alcohol Level Results
The Law Office of James Novak often challenges BAC test results or Blood Alcohol Levels. This is a common and often successful DUI defense tactic used by experienced AZ DUI trial lawyers. If the prosecution’s DUI test results evidence can be established as flawed or weak, James Novak will educate the court and prosecution regarding the weakness, and file formal motions requesting the evidence to be invalid and request dismissal of the DUI charges. Years of DUI trial experience and training have made James Novak, AZ DUI defense attorney extremely competent in this area, which provides a monumental advantage in your defense.
Common Defense Tactics used Challenge DUI BAC Test Results
Both breathalyzer and blood tests results can be challenged, and possess many unique factors to examine for validity. It is not just the BAC – Blood Alcohol Content or Blood Alcohol level that matters. Other important factors must be evaluated. Below are some are a just a few common areas:
*Breathalyzer Tests – Issues Commonly Challenged by DUI Defense Lawyers:
- The machine used must be accurately calibrated, maintence logs for the supporting alcohol testing equipment, including historic and recent repairs on the equipment, routine maintenance on the machine documented, any history of invalid readings;
- The level of experience possessed by the police officer, who conducted the test, should be considered, especially if it was there first time formally conducting the test. .
- It must be establishment that the police acted within procedure and Arizona protocols in conducting the test; experience of the police officer who conducted the test;
- Two formal breathalyzer tests need to be conducted within an established time frame;
- Determining if any external factors impacted the results such as any medical conditions the defendant had that have been known to alter accuracy of BAC test results. These generally include respiratory or digestive illnesses;
- Determinations of whether you were arrested for DUI based on a hand held Portable Breath Test – PBT. The PBT is a mobile screening device only. It is not calibrated and subject to the same high standards of operation as the formal Breathalyzer Machines. If your PBT test results were the only testing method used and resulted in a Drunk Driving arrest, it should not be admitted as valid evidence against you. It’s purpose is simply used to screen for alcohol v. drugs in your system. If the PBT is negative, the police will then move to conduct a DUI blood test instead of a formal breathalyzer test.
- Any violations of your constitutional rights.
Violations, or deficiencies in these areas if challenged, can often lead to a dismissal of your DUI charges, reduction from a criminal charge down to a civil traffic infraction, and reduction in penalties.
*Blood Tests Results- Issues Commonly Challenged by DUI Defense Lawyers:
- DUI defense lawyers often have the blood samples retested by an Independent lab. The results are then compared with those the police tested from the criminal lab results for error or flaws.
- Examination of the credentials of the officer or personnel who drew the blood to make sure they are properly certified in DUI Phlebotomy testing.
- Determine if there were sure there were no violations of your constitutional rights prior to, during, or after the process. Note, the police must give you a sample of the blood they are taking at the time, for your defense. Be sure to ask for it if they do not offer. Denial of your request is a violation of your constitutional rights.
- Evaluate compliance of law enforcement’s actions for procedures in place for blood draw, vial sample handling, transport and storage;
- Blood test kits used to conduct the test. Blood tests kits must be stored at proper temperatures and not exposed to extreme heat or cold temperatures.
- Blood test kits must be used prior to their expiration dates.
- Verify if the DUI blood test and processing police were performed at a medical facility that treats patients for illness or injury. Generally hospitals and medical facility have different guidelines for testing and processing than law enforcement and crime labs.
Violations, flaws and errors in these situations may often lead to DWI dismissals. Protect yourself, your future and freedom by hiring The Law Office of James Novak experienced Arizona DUI DWI and drunk driving lawyer defend you, protect your future and freedom and work hard to get your charges dismissed, reduced, or a more favorable outcome in your case.
If you face impaired driving charges of any kind you will need a highly skilled and experienced attorney to defend your charges and protect your rights.
James Novak, of the Law Office of James Novak is a former prosecutor, and experienced DUI defense Attorney.
If retained he will assure your rights are protected, and fight to get a favorable outcome in your case.
There are a number of impaired driving defenses that can be used, depending on the facts and events surrounding your case.
Challenging BAC results is just one of many defense strategies that can be used. Attorney, James Novak frequently challenges BAC test results.
Violations can occur in police instructions, procedures, protocol, machine malfunctions, record keeping, and other areas related to BAC evidence.
If the evidence is weak, invalid, or compromised James Novak, will educate the court on the weakness of the evidence, and file a motion to suppress it, from being used against you. Suppression of material evidence often leads to dismissal or acquittal of charges.
Call James Novak, of the Law Office of James Novak today at (480) 413-1499 regarding your matter. James Novak provides a free consultation for active charges in Tempe, Mesa, Phoenix, and other East Valley Cities within Maricopa County.