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Where were you arrested? A DUI is a state offense, but each jurisdiction handles them slightly differently.

September 2010 Archives

Arizona's Breath Testing Machine: The Intoxilyzer 8000

In Arizona, there is only one type of breath testing machine that is admissible in a DUI case -- the Intoxilyzer 8000. It is produced by a Kentucky company called CMI. In my opinion (and many others' opinions), this machine is not a very good breath testing device, as it often gives inflated (or higher) results than it should when testing a person's BrAC (breath alcohol content). Why then is it the only breath testing machine that the police can use in Arizona? Why can't the police use one of the significantly better alternatives available on the market? Could it be an example of state government at its worst?

Don't Say a Word. It's Your Right!

The biggest mistake that Arizona drivers make after being pulled over by the police is thinking that they are going to smooth talk their way out of the situation. However, the Fifth Amendment (Amendment V) to the United States Constitution provides you with a valuable tool -- the right to not say a word!

Video at the Scene of the Crime

We have all watched (at least for a few minutes) those programs on TV about wild police chases. Most of the footage for those shows comes right from the police officers' dash cam video recorder. Ever wonder why you never see any Phoenix Metro Police footage?

Commercial Driver's Licenses (CDLs) and DUIs Don't Mix in Arizona

If you drive a truck for a living, you are held to higher standard -- even while driving your own private vehicle. As a result, getting arrested for a DUI in Arizona is a possible career-ender for those who hold a commercial driver's license (CDL). Many of Arizona's police officers subscribe to a theory of arresting anyone who is driving and may have had a drink, and then letting the crime lab figure out if the person is guilty or not. This may run afoul of the Constitution, but with many local judges backing up these actions, there are no consequences for this type of police behavior. While this is certainly inconvenient and damaging for anyone falsely arrested for a DUI, if you have a CDL, this police strategy may end your career.

We play an active role in the civic life of the Phoenix metropolitan area.
We support Scottsdale's Taste of the Town festival that benefits the local chapter of the Muscular Dystrophy Association as well as the annual Toys for Tots campaign. Our firm also contributes to a number of other local organizations, including Home 'Fur' Good, a nonprofit dedicated to eliminating the euthanasia of adoptable homeless cats and dogs in Maricopa County.
AACJ Arizona Attorneys for Criminal Justice Avvo Rating 10.0 Superb Top Attorney DUI Super Lawyers Arizona Trial Lawyers Association Attorney At Law Magazine Contributing Editor Arizona Attorneys For Criminal Justice Established 1986

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