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

520-220-5047

1-877-MISS-DUI / 1-877-647-7384

Se Habla Español
945 N. Stone Ave, Tucson, AZ 85705

Tucson DUI Charge Attorney If you have been pulled over on a suspicion of drinking and driving in Arizona, an officer may perform a blood draw on you to test for either alcohol or drugs. If your blood has been drawn, the officer will obtain two vials to test by the State’s crime lab. However, whether your blood was drawn or a sample of your breath was captured, you have a right to have your blood independently tested.

 Both the Constitution and Arizona Law discuss that a DUI suspect has the right to obtain an independent blood alcohol test. A driver must be allowed to counter the state’s scientific evidence of intoxication with the defendant’s own scientific evidence.

 There are many challenges to a blood draw. For example, blood contamination, improper storing, incorrect labeling, improper collection, and a break in the police’s chain of custody are all ways to show that the blood evidence against you may have been compromised.

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Tucson DUI Defense Law Firm In Arizona, the police can impound your car up to 30 days in some DUI cases. This applies even if the owner of the car was not present when the driver was cited for the DUI. Arizona Revised Statute §28-3511 is the law that allows the police to take your car. The law allows the police to impound the car if the driver:

1.     Did not possess a valid driver license;

2.     Had a revoked, suspended or canceled driver license;

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Tucson DUI Defense AttorneysArizona has harsh DUI penalties, even for first offenders. Arizona was also one of the first states to require a driver convicted of a DUI to install an ignition interlock device. If convicted with a DUI, a driver will be required to install and maintain an ignition interlock device at his or her own expense, in addition to paying fines and undergoing mandatory driving education and counseling. If you are facing a DUI charge, you should be aware of how Arizona’s ignition interlock devices may apply to you.

Determining Whether Interlocks Apply.  Ignition interlock devices only apply if the driver was convicted of an alcohol-related DUI, and do not apply if the driver was under the influence of another substance, such as marijuana or prescription drugs.

How the Device Works.  An interlock device requires a driver to blow into the device before the vehicle can start. If the device detects a prohibited level of alcohol, usually .02 or higher, the device registers a failure, and .the car will not start.

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Preliminary Breath Tests 101

Posted on in DUI

Tucson DUI Defense AttorneysIt may seem like there’s no hope for your DUI case:  the police officers have a breath test result and its over the legal limit.  However, the reality of both preliminary breath test devices and other breathalyzers is that they are often inaccurate, improperly calibrated, and, in certain circumstances,  cannot be used in Court against you. This Q&A gives a quick guide on preliminary breath tests, where officers will obtain a single breath sample using a handheld breath testing device.

What is a PBT Test? In Arizona, officers can capture a sample of your breath for measurement using a handheld device, commonly called a preliminary or portable breath testing device.  During the DUI investigation, officers may ask you to blow into the PBT. The device analyzes your breath for alcohol and returns an estimating number of that person’s blood-alcohol content (BAC).

When can officers ask me to submit to a PBT test? Only when officers have reason to believe that you are driving under the influence can they ask you to take a PBT test. Both the 4th Amendment and the case of Verberg v. Jones states that officers can administer the PBT test only if they have reasonable suspicion that the driver is DUI. 121 P.3d 1283, 211 Ari. 413 (App., Div. 1, 2005). In other words, an officer needs an articulable basis that you are driving impaired to request a breath test.

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Throwback Thursday, DUI Style

Posted on in DUI

Tucson DUI Attorneys            State of Arizona ex rel. Hamilton v. City Court of Mesa, and Real Party in Interest Lopresti, 799 P.2d 855, 165 Ariz. 514 (1990) – How the State Gets it Wrong and What Happens When the Courts Believe Them

Michelle L. Behan

            In 1990, the Supreme Court of Arizona took up a case to determine if it was lawful for the State of Arizona to use field sobriety test results as proof a citizen had an alcohol concentration over the legal limit.  A few years earlier, the Supreme Court had decided a case[1] called Blake, where they held it was not permissible for the State to use Horizontal Gaze Nystagmus test results as direct evidence of a driver’s alcohol concentration.  In the Lopresti decision, the Court reaffirmed its prior holding, and then provided direct guidance limiting the testimony of a police officer regarding HGN test results:

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