Phoenix DUI Lawyer Blog

Arizona DUI Prosecution may not unreasonably prohibit or interfere with your Arizona DUI Lawyer's reasonable efforts to gain evidence that may assist in defending your Arizona DUI charges. Under the Fourteenth Amendment to the U.S. Constitution, the defendant has a due process right to collect independent scientific evidence of his or her blood alcohol concentration (BAC). Independent chemical tests are exculpatory evidence, (new evidence presented to help clear guilt, dismiss evidence or challenge an AZ DUI in this case).

Under AZ DUI laws, you do not have a choice of which test to take. The selection of blood, breath, or urine is up to the police at the time of the arrest. If you do not take the test requested by the police you will be deemed to have refused the test. If you do take a test, it is important that you request to have a second sample be preserved and given to you for purposes of having your Arizona DUI Attorney's own independent testing of the sample be completed. You have the right to obtain this second test sample. It is in the interest of your best AZ DUI defense to insist that your request for a sample be granted. Note, today under the current testing methods an independent breath is nearly impossible. However, a second blood test or sufficient urine sample should always be requested and preserved for defense testing and verification.

An additional review of police equipment may prove the breath test machine to be broken, or a blood test result inaccurate. Some top criminal defense attorneys, may direct you as soon as possible after you are released to proceed immediately to a hospital emergency room or your doctor and request that your blood be drawn and tested for alcohol levels. Further, if you wait too long, this test may not help you. Your independent test must be conducted promptly if it is to be of any use in your defense.

Keep in mind, you will be responsible for the cost of this test; the doctor or ER Services could be costly: And the costs may not be covered under your medical insurance policy. Next, the Arizona DUI testing methods, chain of custody or timetable may prove more of a hindrance than a defense. Lastly, hospital emergency rooms are busy with other medical emergencies, and may not consider providing a test to help your AZ DUI defense a priority. It is up to you to make the decision for the independent test or not. Do not rely on after the fact opinions. Most likely, you are reading this after getting charged with an Arizona DUI offense and make this issue moot.