Breath and Blood Tests
The state of Arizona has strict DUI laws that all drivers should be aware of. Arizona’s “implied consent” law requires that any individual lawfully arrested on suspicion of driving under the influence is required to take a blood, breath, or urine test. This means that drivers essentially consent to such tests without actually having to verbalize such consent. This may not seem fair, however, this is the process Arizona has in place for pursuing DUI cases.
If you have been pulled over and lawfully arrested for allegedly driving under the influence, the blood, breath, or urine test must be conducted within two hours of the time you were last driving. Further, the arresting officer has the power to decide whether you take a blood test, breath test (by using a breathalyzer), or a urine test to determine what your blood-alcohol content (BAC) is. Also, an arresting officer may ask that you submit to a test regardless of whether you were actually driving. So long as you had physical control of the car, and therefore the ability to operate the car, you are subject to a potential DUI charge and the possibility that you may need to take a blood, breath, or urine test to measure your BAC.
Can I Refuse to Take the BAC Test?
Depending on your unique circumstances, you may decide to refuse to submit to a blood, breath, or urine test, however, if you do so, the arresting officer can take your driver’s license, and file a report that results in the suspension of your driver’s license for a period of twelve (12) months, and this is for a first offense of refusing a blood, breath, or urine test. Refusing to take this test is a judgment call that each individual must make, and weigh the consequences of either submitting to the test or refusing to take the test.
How a Phoenix DUI Defense Attorney Can Help You
If you are facing a DUI charge, and you did submit to a blood, breath, or urine test, your attorney will evaluate the results of that test as well as all other available evidence to determine whether or not the test results will hold up in court. For example, if the results are borderline, or potentially contaminated, there may be insufficient proof to establish that you are guilty of driving under the influence. A DUI charge is only a charge until the prosecution can prove you are guilty beyond a reasonable doubt.
By having a strong Phoenix DUI Defense Attorney representing your rights, you are increasing the chances that you will reach a result that is fair given the facts of your case. Breath, blood, and urine tests are essential to any given DUI charge if in fact a charged individual submitted to a test. The results of this test could make or break your case, and you need a seasoned attorney to ensure that you have investigated all strengths and/or weaknesses of the prosecution’s case against you.
Contact the Phoenix DUI Defense Attorneys of Ariano & Associates, PLLC Today
A driving under the influence (DUI) charge in Arizona will likely involve evidence obtained from a blood test, breathalyzer test, and/or a urine test. Given that the outcome of these tests is crucial to your case, it is imperative that you speak with a Phoenix DUI Defense Attorney as soon as you have been arrested for allegedly driving under the influence. At Ariano & Associates, PLLC, our skilled Phoenix DUI Defense Attorneys have dealt with a variety of DUI cases where breathalyzer and blood tests have been key issues. If you are facing a DUI charge, you should consider speaking with one of our attorneys right away. Ariano & Associates, PLLC has a reputation for protecting each and every client’s rights to the fullest extent possible. To discuss your situation with one of our attorneys, contact us today by calling (602) 975-2350. We are available 24/7 to answer your questions and alleviate your concerns. Find out more about DUI blood and breath tests from a Phoenix drunk driving lawyer at Ariano & Associates, PLLC.