Phoenix DUI Lawyer Blog

In cases where an Arizona DUI with Drugs is suspected, you will typically be required to undergo a urine drug test. A urine drug test is the least accurate means for measuring blood alcohol level. However, to gain evidence against you for a DUI arrest, urine drug tests are routinely used and more effective in detecting the presence of illegal drugs in the body.

A urine test detects the amount of alcohol in a person's urine. Typically, a person is asked to empty their bladder and wait 20 minutes before providing a sample to be tested. However, since water remains in the body's system over a period of time, urine is not as accurate an indicator of blood alcohol content as blood itself. As a result, in borderline cases a urine test could erroneously indicate a BAC in excess of .08 when in reality a person's BAC is within the legal limit.

Urine Drug Tests detect the presence of drugs in the body days after a drug has been used. Due to the manner in which drugs are metabolized and eliminated from the body, traces of marijuana, cocaine, heroin, and other drugs may be detected in the urine long after they were initially used. As such, a urine test can only determine if a drug was used - not when it was used. Consequently, people arrested for an AZ DUI drug charge may not have been under the influence of a drug at the time of the AZ DUI stop when arrested even though their urine sample tested positive for drugs. Also, cases exist where over the counter medications such cough medicines, certain pain relievers, and cold medicines have mistakenly resulted in a positive indication for marijuana, heroin, or other illegal drugs.

A good DUI Attorney will gather evidence from lab technicians and forensic specialists when challenging urine tests. This is because technicians and police often fail to follow proper Arizona DUI Law protocol since questions often arise pertaining to the accuracy of the tests and the dependability of the results. Many defendants have been convicted of Arizona drunk driving charges due to an improper, inaccurate urine test. If there has been mishandling in test administration or handling protocol, your Arizona DUI Lawyer may be able to get the urine test results thrown out, and in some cases the case itself dismissed.

Continue reading "Urine Drug Test - ARIZONA DUI LAWS" »

1. DUI Portable Breath Test (PBT)
If stopped for suspicion of Arizona DUI, the police will ask you a series of questions. Possibly before or after requesting AZ DUI field sobriety tests (FST) the Arizona police will request to have you blow into a small hand held device on the side of the road, in an effort to continue building a case to charge you with a DUI in Arizona.

This small device is called a portable breath test (PBT). The purpose is to determine if you were drinking alcohol and supply an approximate reading of how much was in your system. This device can be used as evidence of probable cause to make an arrest for an Arizona DUI, or Arizona DWI. You can think of this one as a preliminary test. The reading on this machine cannot be used against you as evidence in court because it has not passed the necessary scientific tests to be considered an accurate alcohol concentration measuring device to meet proper AZ DUI Law testing standards. It has not been calibrated or maintained for reliability.

If the reading was 0.0 blood alcohol content (BAC) police may still suspect you of driving while drug impaired. In that event, they may continue their investigation with drug impairment testing for AZ DUI drug charges.

2. DUI Breath Test
In Arizona, the official breath test for Arizona DUI testing is done with the Intoxilyzer device. The machine analyzes the DUI suspect's breath sample without destroying it through a process of infrared spectroscopy, thereby determining the amount of ethyl alcohol present in the sample.

This machine is required to be calibrated and tested on a regular basis by the police agencies responsible for them. At times, like all machines, they have problems and may need to be taken out of service for repair or sent back to the manufacturer. It is imperative to inspect the machine records to determine if it was working properly. If a history of prior problems or defects exists with the machine, the machine and results may be invalid, and the evidence may be suppressed. In absence of machine defect or administration error, these machine results are valid and may be used as evidence against you in trial.

Top Arizona DUI defense Attorney will examine all of these elements. Your AZ DUI Lawyer should understand the factors that may affect the accuracy of the machine readings, including test protocol, temperature, and individual human body variances that may affect the outcome of your test results and your AZ DUI case. That is why it is important to select an experienced Arizona DUI lawyer who will have invalid evidence against you thrown out, and make efforts to help you avoid an Arizona DUI conviction.

Continue reading "Arizona DUI Tests-Two Breath Tests Given in AZ DUI Stop " »

Phoenix Criminal Attorneys

Arizona DUI testing is the fourth of four major evidence categories that the state of Arizona can use against you for an Arizona DUI arrest under current Arizona DUI laws. DUI Testing includes a number of methods which will be expanded upon in greater detail in future articles:

Arizona DUI Field Sobriety Tests (FSTs)
A battery of field sobriety tests (FSTs) are given including heel-to-toe, finger-to-nose, one-leg stand, eye test called "horizontal gaze nystagmus" test, alphabet recitation, modified position of attention (Rhomberg), fingers-to-thumb, hand pat and others. In Arizona, most officers will use a set of six common tests. Arizona DUI law does not require you to take any of the Field Sobriety Tests (FSTs).

Arizona DUI Breath Test
Breath tests are used to determine the blood alcohol content (BAC) level of drivers suspected of driving drunk. Since alcohol is absorbed into the blood and blood flows through the lungs, alcohol is present in the lung's air sacs. A breathalyzer machine is used. Rather than ask drivers to submit to invasive, impractical blood or urine tests in the field, many law enforcement agency's use breath tests as a means for determining the blood alcohol level of drivers suspected of DUI in Arizona.

Arizona DUI Blood Test
Arizona DUI Blood tests are sometimes performed in order to determine the blood alcohol content (BAC) level in your system, if you are suspected of DUI. A blood test is more reliable than a breath test but may still be inaccurate due to a variety of issues. An experienced and knowledgeable Phoenix Arizona Defense Attorney will be able to investigate to determine if the blood is drawn incorrectly, if chemicals are present in the proper amount, and if the proper protocol was followed, and if not, can be challenged.

Arizona DUI Urine Test
Urine tests are typically given in DUI / DWI cases where Arizona police officers believe a driver may also be under the influence of drugs. Although urine tests are the least accurate means for measuring blood alcohol level, they are routinely used to detect the presence of illegal drugs in the body.

Again, questions arise pertaining to the accuracy of the tests, dependability of the results, and protocol that was followed. The results can then be challenged by an experienced Arizona DUI defense attorney.

Phoenix DUI Lawyer - Phoenix DUI Defense Attorney

If you or someone you know has been charged with an Arizona DUI or other Criminal offense contact the Law Office of James Novak. Call now for your Free Consultation at (480) 413-1499, with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak represents clients facing DUI & criminal charges throughout Phoenix DUI Attorney, Tempe DUI Attorney, Scottsdale DUI Attorney, Chandler DUI Attorney, Gilbert DUI Attorney, Mesa DUI Attorney and the surrounding areas of Greater Phoenix in Maricopa County, Arizona.

Phoenix DUI Attorneys - Arizona DUI Laws

According to Arizona DUI Laws it is not illegal to drink and drive if you are 21 years of age or older. However, it is illegal to drink and drive and/or be chemically impaired to the slightest degree while driving. You don't need Top Criminal Defense Attorneys to tell you that the absolute best way to avoid an Arizona DUI is not to drink and drive at all. The second best way to avoid getting an Arizona DUI Charge is to be aware of how much alcohol you can drink before you may become impaired. So if you're concerned, that sometime you may be charged with an Arizona DUI, you will want to read on:

The drink chart displayed to the right can be found on many web sites on the internet. It provides a rough estimate of a person's blood alcohol level (BAC).The Arizona drunk driving chart is based on the number of drinks consumed and the person's weight. The problem with this information is people rely a bit to much on such charts in order to determine whether they may have been impaired after drinking a number of alcoholic drinks. A "one size fits all" chart does not work. You must take into account many other factors
and each and every person has a different set of circumstances.

Please do not consider this information as a license to drink irresponsibly. Keep in mind that everyone is different, and alcohol affects each person in many different ways. Only you know your limits. And while some people are sure they know their limits, they may still be driving under the influence according to Arizona Law which carry some of the toughest impairment thresholds, laws, rules, penalties, jail time and fees in the Country. So please drink responsibly.

The scientific and Arizona DUI legal issues associated with breath testing in Phoenix, Tempe, Gilbert, Mesa, Scottsdale, Chandler, Maricopa County DUI cases are complex. An experienced Phoenix, Arizona DUI lawyer has the knowledge and skill to evaluate the importance of your Arizona DUI defense including the legality of the breath test DUI evidence.

Phoenix DUI Lawyer - Arizona DUI Defense Attorney

If you or someone you know has been charged with an Arizona DUI or other Criminal offense contact the Law Office of James Novak. Call now for your Free Consultation at (480) 413-1499, with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak represents clients facing DUI & criminal charges throughout Phoenix, Tempe, Scottsdale, Chandler, Gilbert, Mesa and the surrounding areas of Greater Phoenix in Maricopa County, Arizona.