Posted on June 12, 2015 in Breath Test Refusal
If you have ever been investigated for drunk driving in Arizona, the chances are that you will have been asked to submit to a breath test. Of course, you do have the option to refuse to participate in such a test. However, because of implied consent laws, this could result in the suspension of your driver’s license. Even so, there are cases where this may be preferable to submitting to a test as you might be worried about the consequences of the results.
Nevertheless, even if you refuse a breath test, it is possible that officers will be able to acquire a warrant for a blood test in order to determine your blood alcohol concentration. If this is equal to or in excess of the legal limit of 0.08 percent, you may be charged with drunk driving. Either way, if you are faced with such charges, all is not lost as a good defense may be enough to clear your name.
One of the main reasons some people worry about breath tests is fear of a false reading. While these machines are generally very accurate when functioning correctly, if they are poorly maintained or improperly used, they may give an incorrect result. If you think this has happened to you, it may be beneficial to request the maintenance records for the device.
There are several issues that can invalidate the results provided by a Breathalyzer. For example, the device needs to be listed as acceptable and the person using it needs to have been trained to use that particular variety of Breathalyzer. Furthermore, there must be at least two results within a range of 0.02 percent.
If you feel that there may have been an issue with your breath test or you are faced with DUI charges for any other reason, you may benefit from the advice of an attorney. He or she can explain your rights and might be able to assist you with challenging the charges and working toward avoiding conviction.