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

Breath Alcohol Testing Archives

Supreme Court considers legality of breath tests in DUI cases

Until recently in most states, it was perfectly within your rights to refuse a breathalyzer if you were suspected of drunk driving. This usually meant that you were required to submit to a blood test down at the police station, but it still wasn't considered illegal. Recent Supreme Court rulings have changed this, so what does that mean for motorists?

Rosenstein Law Group DUI Attorneys Return from New Orleans

It wasn't a vacation. Attorneys Craig Rosenstein and A.J. Hall were invited to a seminar in New Orleans called Mastering Scientific Evidence. It was hosted by the National College for DUI Defense (NCDD). It is an intensive multi-day course on scientific principles and forensics surrounding blood, breath, and urine currently used in crime labs. Some of the country's most reputable forensic scientists taught the country's best DUI lawyers the intricacies in representing clients accused of impaired driving. It is in-depth knowledge of how crime labs work, and some of the scientific short comings within those labs to produce erroneous results, that separate the attorneys at the Rosenstein Law Group from other attorneys practicing DUI defense in Arizona. If you are accused of impaired driving, you should immediately contact the attorneys at Rosenstein Law Group to help extricate you from the criminal justice system.

Radio Frequency Interference Can Inflate Your DUI Breath Test Results

In Arizona, there is only one approved breath alcohol testing device for DUI suspects - the Intoxilyzer 8000. This breath test machine works by utilizing an infrared light as its primary detection mechanism for breath alcohol concentration (BAC). As a result, it is important that there is not any radio frequency devices anywhere near the breath test machine while it is testing someone's breath for alcohol. If the device encounters radio frequencies, they could interfere with the test and drastically inflate the reported breath alcohol results!

Refusal to Give a Blood, Breath or Urine Sample in a DUI

What happens if I don't want to give blood, breath, or urine to an Arizona police officer during a DUI investigation? Well, in Arizona, by getting an Arizona driver's license, or even by driving on our streets, you have given your consent to submit to a police officer's request for a blood, breath or urine sample. Ask any experienced DUI defense attorney how many low BACs (from .000 to .05) they see in the lists of the state's blood test results, and you'll understand how many people are being forced to give a sample of their blood to police officers every day in Arizona. And there are consequences if you refuse to submit a sample.

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?

Breath Results Affected by a Chili Dog

If you are like me, the idea of a chili dog is both exciting and terrifying. I would have difficulty arguing with someone who took the position that a chili dog is not the most delicious food ever invented. However, thanks to acid reflux, the chalky taste of the Tums I need to take afterwards tends to put a damper on that culinary indulgence.

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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