September 04, 2013 /24-7PressRelease/
-- In many states, including Arizona, getting a driver's license is contingent upon agreeing to submit to a breath, blood or urine test if pulled over for suspected DUI
in the future. This is known as "implied consent."
Any officer who has probable cause to suspect a driver in the state of Arizona is operating a vehicle under the influence of alcohol or drugs can request the driver submit to one of these tests to determine his or her impairment level. Many drivers abide simply because of the penalties associated with refusing.
However, which test is chosen is left to the discretion of the officer. And, each test can produce a different outcome.
Fallibility of breath, blood and urine DUI tests in Arizona
Any of the three DUI
tests in Arizona are extremely fallible, have been scrutinized and, in some instance, simply deemed unreliable. The main reason is because there are simply too many factors that can affect the outcome of the test.
For instance, a driver who submits to a breath test shortly after having a drink will likely have a higher BAC reading because the alcohol remains in the mouth. This is known as residual mouth alcohol and will inflate results. The presence of vomit or acid reflux (GERD) located inside a driver's mouth can also affect the breath test result and cause hyper inflated results.
Alternately, a driver who is pulled over soon after drinking and is given a blood test, (which can be taken up to an hour after being pulled over) may have a higher BAC level at the time of the drawing because the BAC continues to rise for a period after alcohol has entered the body.
There are countless other complex factors ranging from a body's cell volume make-up or presence of methyl compounds to a failure to adequately test the breath device that can skew results as well.
Immediately consulting with a DUI attorney
Due to the inaccuracies of these tests in the past, a driver can never underestimate the importance of immediately seeking the help of a DUI lawyer if pulled over and arrested for DUI.
In many situations, a driver's BAC reading has been thrown out and prohibited from use in court to prove DUI charges because of the inaccuracy of the software utilized or incompetence of the user or lab technician.
A lawyer knowledgeable in this area of criminal law can scrutinize the circumstances surrounding the arrest and BAC test and mitigate potential damaging effects down the line.
Article provided by Rosenstein Law Group
Visit us at www.scottsdale-duilawyer.com