Posted on May 21, 2015 in Breath Test Refusal
Many drivers in Arizona have been stopped at one time or another by officers enforcing the rules of the road. Often they may only need to perform a few checks then let you go on your way. However, if you are impaired by alcohol, you could be faced with criminal charges. In order to determine whether you are intoxicated, officers are likely to ask you to submit to several tests. Failing these tests may imply that you are intoxicated, leading to your arrest.
A particularly common option is the Breathalyzer test. This measures the level of alcohol vapor in your breath as a means of calculating your blood alcohol concentration. If this matches or is in excess of the legal limit, 0.08 percent, then you may be charged with drunk driving. This can then lead to a criminal trial and the possibility of serious penalties.
Of course, you can refuse to take the test if you are concerned that the reading may be too high. However, doing so can cost you your driver’s license. Even so, if you have previous convictions and you know that a further DUI charge could be especially damaging to your future, you might decide that refusing is the best option for you.
These tests are not always entirely accurate, particularly if the Breathalyzer has not been properly maintained. However, deceiving the Breathalyzer is not easily done as they are generally considered to be fairly accurate.Even so, if you perceive that a false reading is being used against you, challenging it is within your rights.
Being faced with possible criminal charges is a difficult thing to go through. Fortunately, an attorney might be able to assist you. He or she can evaluate your case and may be able to suggest the most sensible course of action to choose, given your circumstances.