The Behan Law Group, P.L.L.C.

520-220-5047

1-800-DIAL-DUI

( 1-800-342-5384 )

945 N. Stone Ave, Tucson, AZ 85705
Recent blog posts

Posted on in DUI

Arizona DUI Alcohol Defense AttorneyA year-long investigation by the New York Times determined that breath alcohol tests are untrustworthy. The Times published an article revealing that tens of thousands of breath alcohol tests are scientifically unreliable. In an article titled These Machines Can Put You in Jail. Don’t Trust Them the Times wrote, “Alcohol breath tests, a linchpin of the criminal justice system, are often unreliable.”

The investigation included interviews of forensic scientists, industry representatives, independent experts, defense attorneys, court orders, and internal documents related to breath alcohol devices across the country.  As part of the investigation, the Times determined that there were several reasons why alcohol breath tests were unreliable.

The first reason that the test results are incorrect is due to the design flaws in the machines themselves.  The investigation uncovered that the basic programming of these breath alcohol machines, called ‘source code’ often contained mathematical errors that should have been discovered by even the most simple verification. Manufacturers fought tooth and nail to prevent defense attorneys and courts from gaining access to the source code.

...

Arizona DUI Alcohol Defense

DUI Arrest in Tucson? Breath Alcohol Test? For a long time, the Tucson Crime Lab has known that the breath testing device they use, called an Intoxilyzer 8000, can be off by as much as 11.7%.  The state tried to stop this information from being used in court.  But Tucson DUI Lawyer Michelle Behan, known nationwide as Miss DUI Arizona, together with other defense attorneys just won a three-hearing when a judge ruled to allow this evidence to be used in court to defend someone charged with DUI. This information could radically change your case.

DUI Arrest in Arizona? Blood Alcohol Test? Your test may be challenged if there was an insufficient amount of preservative in the blood tubes. Tucson DUI Lawyer Michelle Behan, known nationwide as Miss DUI Arizona, has learned through her sources that a lot of tubes that were used to draw blood for DUI alcohol tests failed to contain the proper amount of preservatives. There is a recall in effect right now for many of these blood alcohol vials (made by Becton Dickenson). This could render the test results false or invalid. 

Arizona DUI Defense

Arizona DUI Attorney Michelle Behan recently spearheaded a challenge to the DUI breath alcohol testing program run by the Tucson Police labs. She and others discovered that the breath alcohol tests were off target by an amount that makes some people who receive an #ArizonaDUI, #ExtremeDUI or #SuperExtremeDUI arrests not guilty. 

The TPD DUI crime laboratory is attempting to prevent this evidence from being used in court. Michelle, also known as Miss DUI Arizona,  along with a team of DUI defense attorneys, argued that the truth behind the breath testing must be made public.

...

b2ap3_thumbnail_shutterstock_744414736.jpgDUI checkpoints, or DUI roadblocks, are run throughout Arizona. DUI Checkpoints often receive federal funding for checkpoints run around holidays such as July 4th (Independence Day), Memorial Day, Christmas, Thanksgiving and New Year’s Eve and Day. The roadblocks might pop up for several days or at several locations.

The United States Supreme Court has approved roadblocks but requires that they have several features:

  • The roadblock should be well-lit with proper signage and safety cones etc.;
  • Stops must be made systematically (such as every 3rd car) and not arbitrarily changed;
  • Officers at checkpoints must be given very limited discretion as to what they can or cannot do;
  • The purpose of the roadblock must be lawful (such as to catch drunk drivers) and not for the detection of ordinary criminal wrongdoing;
  • There must be an operational plan approved by supervisory personnel;
  • The location (or site selection) and time must be approved by supervisory personnel;
  • There must be advance publicity announcing the checkpoint.

Many times, the police must meet certain minimum arrests or contacts in order to qualify for money from the federal government.

...

b2ap3_thumbnail_shutterstock_744414736.jpg The DUI laws in Arizona are very strict. For a First Time DUI, with a blood alcohol result above .20, also known as an "Extreme DUI,” the statutory punishment is:

      • Jail: 45 days (some people may be home detention eligible (after 3 days in custody)).
      • Fines: About $3,240, plus jail/home detention costs and $80 monitoring fee.
      • Screening and counseling required: Yes.
      • Driver's license suspension: 90-day suspension (with a potential 60-day restricted driving period for Arizona license holders after 30 days) or 1-year revocation (with a potential restricted driving period after 90 days upon installation of an ignition interlock device ).
      • Interlock: 18 months.

Keep Calm and Call Miss DUI Arizona. The lawyers at The Behan Law Group, P.L.L.C. can help. They will review your charges and often avoid the harsh penalties that you or a loved one face when charged with a DUI. Call for a free consultation at 520-220-5047 now. 

b2ap3_thumbnail_shutterstock_331616420.jpgThe DUI laws in Arizona are very strict. For a First Time DUI, with a blood alcohol result above 0.15 but below 0.20, it is called “Extreme DUI”:

  • Jail: 30 days; home detention eligible (after 2 days).
  • Fines: About $2,780, plus jail/home detention costs and $80 monitoring fee.
  • Screening and counseling required: Yes.
  • Driver's license suspension: 90-day suspension (with a potential 60-day restricted driving period for Arizona license holders after 30 days) or 1-year revocation (with a potential restricted driving period after 90 days upon installation of an ignition interlock device ).
  • Interlock: 12 months. 

Keep Calm and Call Miss DUI Arizona. The lawyers at The Behan Law Group, P.L.L.C. can help. They will review your charges and often avoid the harsh penalties that you or a loved one face. Call for a free consultation at 520-220-5047 now.

Tucson DUI defense attorney constitutional rightsRecently, Attorneys Michelle Behan and Donald Ramsell co-authored an amicus curiae (“friend of the court”) brief which was filed with the United States Supreme Court on behalf of the National College for DUI Defense (NCDD). This brief was in support of the petitioner in the case of Gerald P. Mitchell v. Wisconsin.

The brief made a number of arguments regarding people’s rights when asked to submit to blood alcohol content (BAC) tests in DUI cases. First, it argued that tests such as blood draws are covered by the Fourth Amendment and that a warrant should be required in order to conduct this type of search. In addition, “implied consent” laws are problematic, since they waive a person’s Constitutional rights to give voluntary consent to a search.

Second, the brief argued that the electronic warrant procedures implemented by the majority of states should be used in DUI cases. The ability to obtain a warrant in minutes makes legislated consent unnecessary and helps avoid the over-broad application of implied consent rules.

...

Arizona first time DUIThe DUI laws in Arizona are very strict. For a First Time Standard DUI, with a blood alcohol result above 0.08 but below 0.15:

  • Jail: 10 days (9 can be suspended upon this successful completion of 12 months of unsupervised probation).
  • Fines: About $1,500, plus jail costs and $80 monitoring fee.
  • Screening and counseling required: Yes.
  • Driver's license suspension: 90-day suspension (with a potential 60-day restricted driving period for Arizona license holders after 30 days) or 1-year revocation (with a potential restricted driving period after 90 days upon installation of an ignition interlock device ).
  • Interlock device on vehicle: 12 months (with potential eligibility for removal after 6 months).
  • Community service: not required.

The lawyers at The Behan Law Group, P.L.L.C. can help. They will review your charges and often avoid the harsh penalties that you or a loved one face. Call for a free consultation at 520-220-5047 now.

Back to Top