There is no test that is 100 percent accurate to determine blood alcohol content (BAC). Some tests may be more accurate than others.
Tempe law enforcement officers rely on the Intoxilyzer 8000 breathalyzer machine. Blowing into that breathalyzer provides a reading of your BAC. A reading of .08 BAC means that you are above the legal limit. But just because you blew over .08 does not necessarily mean you will be convicted. There may be ways to challenge the test results in court.
Call 480-248-7666 for a free case evaluation with Rosenstein Law Group.
While you may think that the evidence against you is infallible, Craig Rosenstein — the founder of our law firm — is qualified to operate the Intoxilyzer 8000 breath test device. He not only understands the testing process and results, but he can also challenge the accuracy of the evidence with comprehensive knowledge of the law and the testing equipment.
Each specific Intoxilyzer 8000 machine has a COBRA centralized database of information where it can store information from each test and calibration run. The attorneys at the Rosenstein Law Group have seen DUI criminal cases involving faulty breathalyzers that provided false data. In attempting to disprove the accuracy of the data, we request the COBRA data to determine the functionality and reliability of the machine. Your BAC results are a snapshot that may not tell the entire story. However, Tempe police notoriously do not preserve COBRA data (and if the breath machines are infallible, why don’t they keep and provide that data?).
Breathalyzer results are not always reliable and can not only increase the penalties for a DUI conviction, but also hinder the ability to negotiate down to a non-DUI charge with Tempe prosecutors based on your case’s strengths.
Contact us at 480-248-7666 to request a free initial consultation with a Tempe breathalyzer testing lawyer. We will provide you the information you need about the next steps after a DUI arrest in Tempe, Scottsdale or elsewhere in Arizona.
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