Menu FREE Consult Request
DUI and Criminal Law Specialists
Available to help 24/7
Where were you arrested? A DUI is a state offense, but each jurisdiction handles them slightly differently.

Retesting Blood for Drugs If BAC Is Below the Legal Limit in Arizona

The following scenario is becoming more and more prevalent in Arizona. A person is pulled over for some very minor driving offense (like having a license plate light out or turning into the middle lane and not the curb lane), and a police officer approaches and asks if they've had anything to drink. The person then honestly answers that they've had one beer with dinner. That person trusts police officers, so, even though they do not believe they were driving while impaired, they comply with every request, hoping to be let go, only to be told that they've failed all of the balancing tests and are being arrested for suspicion of driving under the influence. The person's car is then towed, and he or she is taken to a police station and held until a phlebotomist arrives and draws his or her blood. The person's blood alcohol level is accurately tested, and it comes in as expected: way below the legal limit, perhaps a 0.00 BAC.

The problem is that instead of receiving an apology, the person could be told that their blood is being sent back out for drug testing. It is the policy of many Arizona crime labs to automatically test blood for drugs (legal and illegal) when blood alcohol results are returned under the legal limit. So, how does this affect our innocent, non-impaired driver? Well, if that person had taken a prescription pain killer two days earlier, then the Prosecutor's office may argue that the combination of drugs (regardless of the amount) and alcohol (the one beer) combined to impair the person to the slightest degree, and the person could be charged with a DUI. Or, if that person smoked marijuana three weeks earlier in California when they were on vacation, and there were metabolites of the drug in his or her system, then the Prosecutor's office would likely charge the person with DUI drugs.

The biggest problem is that by the time the person realizes that they've been caught in this nightmare, it may be a long time after the arrest occurred. As a result, it is important that even if you are innocent and arrested for a DUI in Arizona, you immediately call a competent Arizona DUI defense attorney at 480-248-7666 to discuss your options and possible issues.

1 Comment

Leave a comment
Comment Information
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 Rosenstein Law Group Best Lawyers 2020

Free Consultation With A Drunk Driving Defense Lawyer

When you need effective, strategic defense, contact us 24 hours a day, seven days a week at 480-248-7666. We are ready and waiting for your call.

Bold labels are required.

Contact Information

Submitting your information to us through this web form does not establish an attorney-client relationship. Information submitted through this web form is not confidential, not subject to attorney-client privilege, and will not preclude this law firm from representing a different client in the same legal matter. We do not represent you until you meet with us and sign a fee agreement. Please do not send us any confidential information about your case until we meet.


Privacy Policy

Free Consultation With A Drunk Driving Defense Lawyer FREE Consult Request