Pheonix DUI – Blood Tests
Alcohol Breath Analyzer – BAC
As a founding member of the National College of DUI Defense, and with a national reputation as a lecturer on drunk driving defense techniques in court, Arizona DUI defense lawyer Mark Weingart knows more about the science that supports blood alcohol content (BAC) testing than most of the police officers who administer blood-alcohol breath tests. To find out how his experience and comprehensive understanding of BAC evidence can help you defeat a serious charge of DUI or extreme DUI, contact the AV-rated* Weingart Law Firm in Tempe for a free consultation.
Arizona law provides that the determination of BAC can be based on testing of the suspect’s blood or breath, and that a person suspected of drunk driving has already given implied consent to the test.
There are 2 types of tests a police office can administer and it’s up to the law enforcement officer to choose which test to administer:
- The Intoxilyzer 8000, mainly used in Tempe, and Glendale for an alcohol breath test.
- Or a blood test, mainly used in many East Valley communities, including Scottsdale, Mesa, Gilbert, and Chandler, administered either at a hospital or at the police station. Insist on a hospital, and never sign a Waiver of Liability. Police stations are not ideal clinical settings by any means, and police officers are not trained nurses. If you get sick as a result of the negligent administration of a blood test, make sure you preserve your right to compensation from the responsible party.
How we can help you:
Both standard methods of blood alcohol testing are highly controversial, and we have extensive experience both in challenging the reliability of the tests themselves and the results of a particular test on the basis of many technical variables, ranging from whether you wear dentures or hiccupped (leading to false positive “mouth alcohol” readings) to the presence of contaminants in your blood that can artificially inflate the alcohol reading.
Contrary to popular belief, there are mistakes with blood alcohol testing. It is not fool proof and has flaws. We know what the flaws are and employ experts to testify to this.
With respect to the use of the Intoxilyzer 8000, the manufacturer’s refusal to release its source codes make an accurate interpretation of test results very difficult, even to the point of making its use unconstitutional because of the defendant’s lack of opportunity to attack the incriminating evidence. Several of our attorneys played a leading role in exposing the shortcomings of the earlier Intoxilyzer 5000, with the result that nearly 1,500 alcohol breath test readings were kept out of evidence in DUI cases.
For further information about our commitment to state of the art DUI defense on technical blood alcohol breath test issues in Arizona, contact the Weingart Law Firm in Tempe.