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
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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.

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.

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