Independent Blood Testing After a DUI in Arizona
Arizona law states drivers have the right to request independent testing after being stopped for supposed drunk driving. The merit of an independent test is that its results can be used as a legal defense after an individual is charged with drunk driving. Let’s take a quick look at independent blood alcohol concentration testing after being charged with DUI in the state of Arizona.
The Right to Request an Independent BAC Test
The state of Arizona provides drivers with the right to submit to a blood test after being arrested for DUI. Such a requirement is written within the state’s implied consent law. If you were to break this law, your driver’s license would be suspended, possibly for a full year even if you are not convicted of driving an automobile under the influence of alcohol.
Though most Arizona drivers are not aware of it, the truth is they have the legal right to request an independent BAC test. The plain truth of the matter is there are all sorts of issues that can compromise a BAC test. If the independent test results prove different from those obtained by law enforcement, the DUI criminal defense attorney will use that information to combat the DUI charge.
Request the Independent BAC Test Right Away
Request your independent BAC test as soon as possible. Once the police test your breath, blood or urine, you have an opportunity to request your independent test. However, if you are like most people, you are not exactly certain where you should have your independent BAC test conducted. Your DUI defense attorney in Arizona will steer you in the right direction.
Why Independent BAC Testing is so Important
Independent BAC tests can be a boon to your legal defense. Have an independent BAC test performed and you just might find the results differ from those obtained through the police test. If there is an alternate BAC reading, it will be difficult to prove your supposed guilt, especially if that reading is significantly lower than the one recorded by the police officer.
As long as the independent BAC test shows your BAC is below the legal limit, there will likely be enough reasonable doubt to win the case. However, even if the reading is slightly different or even higher than that of the police officer, it calls into question the calibration of the testing device used by the police.
What if the Request for an Independent BAC Test is Denied?
If the police officer who arrests you for DUI denies your request for an independent BAC test, it is imperative that you connect with an Arizona DUI defense attorney. Furthermore, even if the police officer forces you to wait several hours to have your in dependent test performed, it might serve as grounds for dismissal of the charge as occurred in In McNutt v. Superior Court, 177 Ariz. 7 (1982),. In this case, the defendant request to meet with his lawyer and have an independent BAC test conducted. The police denied the request.
The defendant proceeded to reach out to his lawyer several hours later upon his release. At this point, the attorney stated it was too late for independent testing. The Arizona Supreme Court determined the case should be dismissed as due process provides suspects with the right to secure independent blood testing for DUI. In fact, this case was dismissed with prejudice, meaning it cannot be brought back to court for an appeal or any other hearing.
What matters most is that you request your independent BAC test in the first place. This way, your Arizona DUI criminal defense attorney will be able to point to the fact that you issued such a request yet it was not permitted, ultimately setting the stage to beat the charge.