While there are specific laws that govern every aspect of an Arizona drunk driving investigation and prosecution, the way they are approached can vary significantly from one community to another. No matter where your arrest occurred, it is important that you have legal representation from an attorney with the ability to confidently navigate the unique processes you might encounter.
At the Rosenstein Law Group, our experienced lawyers have handled criminal cases throughout the state, providing us with a keen insight into how various city police departments handle individuals charged with DUI. This valuable knowledge allows us to provide much more proactive and efficient service regardless of the location of your case.
Blood and Breath Testing in Maricopa County and Throughout Arizona
Some cities are referred to as “breath jurisdictions,” while others are referred to as “blood jurisdictions.” Tempe is a “breath jurisdiction,” as Tempe police officers use the Intoxilyzer 8000 Breathalyzer machine to determine a suspected impaired driver’s blood alcohol concentration (BAC).
On the other hand, law enforcement personnel in Scottsdale, Chandler, Gilbert and Phoenix rely heavily on blood testing to determine BAC. However, officers’ qualifications to properly administer the tests vary from city to city. In some cities, police officers essentially serve as phlebotomists with varying skill levels. Chandler, Phoenix and Gilbert police officers receive five days of training in blood drawing, and can perform blood draws themselves, while Scottsdale has trained phlebotomists draw the blood instead.
Do Not Assume Guilt After So-Called ‘Accurate’ Scientific Findings
While you may be tempted to assume the worst after a breath or blood test shows a BAC above the legal limit, errors can occur during the testing procedures. Breathalyzers can be poorly calibrated or maintained. The data provided to the COBRA database can be faulty based on previous testing of others pulled over before you. Blood tests can take place in locations that are less than appropriate, and even the most minor of mistakes during the test can make a truly innocent person’s BAC results come back at illegal levels — seriously implying guilt where there is none.
Effective DUI investigations and litigation combine both law and science. Many times, that scientific evidence is faulty at best. You need legal representation that goes beyond the law and into the scientific realm.
Contact an Arizona DUI/DWI Defense Attorney for a Free Initial Consultation