What Can Cause a False Positive Breathalyzer Test in AZ?
One of the more common defenses used in a DUI case is that the breathalyzer was not working properly. Perhaps it wasn’t administered correctly. Or it may not have been calibrated on a timely basis. Whatever the reason, your Arizona DUI attorney will review the file and get started on preparing your defense.
What Does a Breathalyzer Test Measure?
A breathalyzer test measures your BAC, or blood alcohol concentration. Essentially, it tells the police officer what percentage of your blood has alcohol streaming through it. That’s a very simple answer. The more you drink, the higher your BAC. If several hours have passed since you had your last drink, there’s a good chance you’ll register well below the .08 threshold. Or, if you only had a couple of drinks, your BAC shouldn’t be that high.
Does it Matter if You’re an Experienced Drinker?
Some people think that, if they drink all the time, they can pass a breathalyzer test. They believe their tolerance has built up to the point where it would take a ton of alcohol for them to be considered drunk. The law disagrees. If your blood alcohol concentration is .08 or higher, you’re going to jail. Yes, you may be able to drink more before you hit that level. If you’re a man or a larger person, it may take a bit more alcohol for you to register over the legal limit. However, just because you drink a lot, that doesn’t mean you can risk getting pulled over.
The Legal Limit for DUI in Arizona is .08
In Arizona, as in almost every other state, the legal drinking limit is .08. This means that, if you blow a .08 or higher on the breathalyzer test, you’ll be deemed intoxicated. You’ll be arrested and booked on DUI charges. There’s no explaining to the cops that the test must be wrong. They may go along with you and have you perform a field sobriety test. Not surprisingly, they’ll likely find that you did not perform all that well on the test. You’ll be arrested and hauled off to the county jail. That’s when you know it’s time to call one of our seasoned Arizona DUI attorneys.
Your Arizona DUI Attorney Can Fight the Charges
One of the best things about the law is that you can fight your criminal charges. The burden to prove the case is on the State. Every defendant is supposed to be considered innocent until proven guilty. However, the defendant is rarely given the benefit of the doubt. If your Arizona DUI attorney believes you’re innocent, they’ll do everything they can to prove it. Their goal is to get the best possible outcome for their clients.
Call and Talk to a Seasoned Arizona DUI Attorney Right Away
If you think the breathalyzer was wrong, it’s a good idea to talk to an experienced Arizona DUI attorney as soon as possible. While it isn’t often that a breathalyzer test is wrong, it does happen. If you have a legitimate defense, your attorney will find it. The smart thing to do is call and talk to one of our lawyers right away. This way, they can make sure your case is handled right from the start. All you have to do is call our office and we’ll arrange to come out to meet with you. If you’re already out of jail, you can certainly come to our office and talk to one of our skilled Arizona DUI attorneys. There’s simply too much at stake to leave it to chance.