Ways to Challenge a DUI Chemical Test Results in Arizona
Implied consent in Arizona makes the repercussions of refusing a BAC test serious. Even if you’re not impaired, you will lose your license if you refuse the test.
DUI chemical tests are performed to examine the concentration of alcohol in the blood. There are three types of commonly used tests – breath, blood and urine.
Breath and urine tests tend to be less reliable than a BAC blood drawing. The breathalyzer test can be fooled by things like medication or mouthwash. The urine test will only be available in certain situations and it’s not as commonly administered as the other two.
The test will show whether your BAC is above the legal limit. Thus, it will be used to either charge you with a DUI or dismiss the charges against you.
A very common question pertains to one’s ability to challenge chemical DUI test results in Arizona. Is this possible and if so, on what grounds?
Can You Challenge Chemical Test Results in Arizona?
The short answer is yes.
Procedural issues, as well as other factors that could have influenced the test results will be examined. You need to tell your DUI attorney if you believe that your DUI chemical test has produced a false positive and why you’re convinced so.
A good lawyer will examine the specifics and determine the best course of action. In some instances, the best strategy will involve challenging the BAC test results.
Ways to Challenge the BAC Test Results
All of the chemical DUI tests have to be administered in a specific way by trained individuals. A human error like the failure to properly calibrate a machine can result in a false positive. Such mistakes can be targeted by experienced DUI attorneys to get the charges against their clients dismissed.
Procedural errors can also be addressed.
Under Arizona law, for example, a police officer has to wait for 20 minutes and examine the condition of the suspect before administering a breathalyzer test. If the person is deemed capable to do the test, it will next take place. Following the first test, a second one will need to be administered within five to 10 minutes. Both of the test results should be similar for the BAC number to be considered admissible evidence in court.
If any of these procedural conditions are not met, your defense attorney will get to challenge the breathalyzer test results and eventually get the evidence against you dismissed.
Blood tests can be challenged on several grounds. A few of the most common ones include:
- An alcohol swab used for disinfection contaminated the blood sample
- The testing kit was expired
- The mixing protocol was not followed in the right way
- Only serum plasma was tested rather than the entire blood sample
- The vehicle operator has a condition causing high blood ketones, which could contribute to a false positive
- The blood sample was not transported or stored properly
There will need to be clear evidence of a procedural error or a testing issue for the Arizona court to dismiss the results of the chemical BAC test.
As already mentioned, urine tests are not that common but these can also be challenged.
A urine test can be challenged on the basis of the administrator’s qualifications, when it took place, how the sample was processed or on the basis of a lab error. It could also be argued that alcohol content in urine varies greatly from one person to another and is not necessarily indicative of intoxication.
Just because you’ve gotten a positive chemical test result does not mean you will be convicted. Give your lawyer all of the essential information and they’ll work hard to guarantee you a favorable outcome.
Click here to find out about SR22 Insurance Arizona.