DUI Defense Attorney for Breath Tests
DUI Breath Tests: Most DUI breath tests inaccuracies are caused by improper administration.Arizona Laws DUI Breath Tests Procedures
Arizona Law A.R.S. 28-1324 the Director of the Arizona Department of Public Safety is responsible for adopting rules, procedures and methods for administering DUI Breath Tests.
In an effort to increase accuracy and validity of DUI breath testing, the state has adopted the following rules for DUI breath testing.DUI Breath Testing Procedures
Below is an outline of Title 13, AZ Public Safety: Rule 13-10-104 Testing Procedures:
- Police and those acting on behalf of Law Enforcement Agencies for DUI BAC testing with breath devices must have a Quality Assurance Program in place. It must be supervised and maintained by Quality Assurance Specialists.
- Regular performance of breath test device maintenance and calibration must be conducted.
- Records of Calibration Checks, Quality Assurance Procedures Checks and regular maintenance or repairs must be kept for each official breath testing device in use.
- Calibration checks of breath test devices that are performed within 31 days of each other, under procedures in place. These calibration checks may also be done during a test sequence which brackets a duplicate breath test.
- The checks must verify that a device is capable of determining the value of a standard alcohol concentration solution within proper accuracy limits.
- Full Quality Assurance Procedure checks of devices that are performed within 90 days of each other as Standard Quality Assurance Procedures or during a test sequence bracketing a must indicate that the device is capable of proper operation and is functioning as required;
- Standard alcohol concentration solutions may include gas or liquid composition must be traceable as recognized by the National Institute of Standards and Technology.
- The Breath Test Operator or Police Officer must be properly licensed and certified by the state to under R13-10-106 Qualification to administer the test.
Under Arizona DHS rules the officer must perform numerous activities associated with preparation, calibration of the machine, administration, and reporting of the breath test results.
- The officer must verify that the subject is a good candidate and capable of taking the breath test, and then provide the suspect with proper instructions for taking it.
- The police must carefully and continuously observe an impaired the suspect for a minimum of 20 minutes while preparing for the test. This is known as the observation period. The purpose is to ensure that the suspect does not hiccup, regurgitate, vomit or do anything that may contaminate the breath test results. Substance interference or contamination may compromise the accuracy of the reading.
- The Police or law enforcement operator must administer duplicate breath tests on the subject at the time of the DUI investigation. The duplicate test must be administered at intervals of no less than 5 minutes and no more than 10 minute apart.
- Results of the second test must be within 0.020 BAC of the first. If it is not, additional tests need to be administered until the results of two consecutive tests are within 0.020 BAC of each other. This is sometimes referred to as a BAC being "in range" or "out of range".
- The breath machine operator must officially record the value simulator solution used in the test.
- The suspects breath test results of BAC of .08 or higher or to establish impairment to the "slightest degree" due to the alcohol in their system, must be within two hours of driving or being in actual physical of a vehicle (A.R.S. 28-1381).
Despite procedures in place, administration of the breath tests is the target of most criminal defense challenges. Inconsistencies and weaknesses in the accuracy of results may result in suppression in the DUI breath test evidence.
If you face active DUI charges, you should always consult the Law Office of James Novak, criminal defense attorney regarding your matter. If retained, James Novak, Attorney at law will determine if there are defenses available to challenge the evidence in your case. They will personally defend your charges, protect your rights, and seek a favorable resolution on your behalf.
James Novak is a former Maricopa County Prosecutor, with a vast amount of DUI and criminal trial experiences. For over a decade, he has defended charged in Maricopa County. He serves defendants who have received charges in Phoenix -Metro, or East Valley Cities including Tempe, Mesa, Phoenix, Chandler, Gilbert, and Scottsdale Arizona. Call today (4800 413-1499 for your confidential and free consultation. You can speak directly with James Novak, Attorney at Law, if your case is active, in his service area.Additional Resources
- Arizona State Legislature - Authority Governing Breath Test Regulations
- Arizona Department of State - Secretary of State: Breath Test Rules
- Arizona Revised Statutes - DUI laws - Driving or Actual Physical Control of Vehicle
- Chandler AZ Police Department News - DUI enforcement grant