ARIZONA DUI LAW

The Wolfson Law Center, P.C. advocates the sane and sensible use of motor vehicles. Regardless of whether you believe you may not be violating the law, we encourage no one to drink and drive.

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ARIZONA’S DRUNK DRIVING LAWS

There are basically three drunk driving crimes in Arizona. First, it is a crime in Arizona to operate or be in physical control of a motor vehicle [including water craft] while under the influence of alcohol or drugs [even drugs prescribed by a doctor]. It is not required that you be proven to be actually "drunk" to be convicted. "Under the influence" means that the suspect was “impaired in the slightest degree". The focus of this offense is whether at the time of operation or actual physical control of the vehicle was the operator impaired.

Proof of the degree of impairment is usually made from the direct observations by the police of the suspect's driving. In addition, the police normally demand [although they never tell you they are not legally required] the suspect undergo the administration by the police of a series of sobriety tests at the arrest scene (e.g. finger-to-nose test, walking heal-to-toe, counting backwards, saying the ABC's etc.). The police also make observations of the suspect's eyes, breath odor, balance, temperament, clothing, etc. Notation is also made of any comments or admissions of guilt made by the suspect.

PER SE DUI: It is also a crime to operate a motor vehicle with a 0.08% or greater blood alcohol within two hours of driving or being in physical control of a motor vehicle. This is called the DUI per se offense. For proof of this crime the state does not have to show impairment at all. All that need be proven for a conviction is that the suspect was operating or in physical control of a motor vehicle [including water craft] within two hours and at that time had a blood alcohol level equal to or greater than 0.08% (eight one hundredths of one percent). Proof of the 0.08% charge is usually made from the observations of the police officer that the suspect was operating a motor vehicle and evidence of the suspect's blood alcohol content obtained from a blood, breath or urine test administered at or near the time of the arrest.

DUI EXTREME: it is a crime to operate a motor vehicle with a 0.15% or greater blood alcohol within two hours of driving or being in physical control of a motor vehicle. This is called a DUI Extreme. Similar to the .08% per se offense, proof of this crime does not require the state to prove impairment at all. All that need be proven for a conviction is that the suspect was operating or in physical control of a motor vehicle [including water craft] within two hours and at that time had a blood alcohol level equal to or greater than 0.15%. Proof of the 0.15% charge is usually made from the observations of the police officer that the suspect was operating a motor vehicle and evidence of the suspect's blood alcohol content obtained from a blood, breath or urine test administered at or near the time of the arrest. Conviction of this offense carries a greater minimum mandatory sentence and fine than a mere operating while impaired or a .08% conviction.

DUI SUPER-EXTREME: it is a crime to operate a motor vehicle with a 2.0% or greater blood alcohol within two hours of driving or being in physical control of a motor vehicle. This is called a DUI Super Extreme. Similar to the .08% and the 0.15% per se offenses, proof of this crime does not require the state to prove impairment at all. All that need be proven for a conviction is that the suspect was operating or in physical control of a motor vehicle [including water craft] within two hours and at that time had a blood alcohol level equal to or greater than 0.20%. Proof of the 0.20% charge is usually made from the observations of the police officer that the suspect was operating a motor vehicle and evidence of the suspect's blood alcohol content obtained from a blood, breath or urine test administered at or near the time of the arrest. Conviction of this offense carries a greater minimum mandatory sentence and fine than a mere operating while impaired or a .08% or .15% conviction.

AGGRAVATED DUI: Aggravated DUI is a Felony Offense. A citizen may be convicted of this offense in several ways:

A conviction for Aggravated DUI under paragraphs number 1 or 2 is a Class 4 Felony. Conviction of a DUI under paragraph 3 is a Class 6 Felony.

AGGRAVATED ASSAULT: It is very common in most counties in Arizona for the County Attorney to pursue the charge of Aggravated Assault in cases where the citizen is accused of causing an accident involving injury while impaired by alcohol in the slightest degree. The primary theory in such cases is that the person who knowingly gets behind the wheel of a motor vehicle is held to have sufficient legal knowledge that such conduct is reckless in that a reasonable person recognizes that such conduct places other persons in danger of injury or death. The State uses such legal theories to convince juries that the citizen accused involved in a serious accident legally intended to commit aggravated assault. Generally, conviction for an aggravated assault is a class 3 Felony carrying a penalty of not less than2 year nor more than 8.75 years in prison for a first offense followed by community supervision [parole] equal to 1 day for every seven days of sentence. Often the State will allege that the assault was perpetrated while using a "dangerous instrument" In Arizona a motor vehicle has been held to be a dangerous instrument. If the jury returns a dangerous instrument finding, sentencing on the Felony Aggravated Assault will substantially increased.

Each of these crimes are similar in that they require proof that the suspect was operating or in actual physical control of a motor vehicle. Proof of operation may be shown not only by seeing the suspect drive or move the car, but may also be shown by merely proving the suspect was in control of the vehicle. Although showing that the suspect was behind the wheel with the key in the ignition may tend to show control, by Arizona case law such facts are not conclusive to prove control. Regarding questions of control [as opposed to operation] of a vehicle, the jury must base its determination of that fact upon the totality of the circumstances. The illegal operation is a crime regardless if it took place on public or private property.

PENALTIES

Caution is encouraged that you not wholly rely upon the following chart as legal advice or as a basis for making decisions about whether to accept a plea offer, take your case to trial or to make other legal decisions. This chart is only provided for illustrative purposes. To determine precise exposure to criminal penalty or civil sanction as a result of a DUI convicion, you should consult an experienced criminal trial lawyer with DUI defense training.

	Minimum Incarceration	Minimum Fines/Costs	Mandatory license suspension	Mandatory Ignition Interlock
1st .08% or impaired in slightest degree	10 days jail, 9 days suspended	$250.00 fine X 80% surcharge $500. prison assessment $500.00 Dept Pub. Safety assessment, daily jail costs@ approx. $55.00 per day , Alcohol Screening costs, treatment/counseling costs, monthly probation supervision fees.	90 suspension [30 suspension with 60 restricted license may be authorized by the Department of Transportation]	Yes
2nd .08% or impaired in slightest degree	30 days jail	$250.00 fine X 80% surcharge $1,250.00 prison assessment, $250.00 abatement fee, daily jail costs@ approx. $55.00 per day , Alcohol Screening costs, treatment/counseling costs, monthly probation supervision fees.	License revoked for one year	Yes
1st Extreme DUI [.15 or more but under 2.0]	30 days jail/20 days suspended	$250.00 fine X 80% surcharge $1,000.00 prison assessment, $1,000.00 Dept. Pub. Service fee, $250.00 abatement fee, daily jail costs@ approx. $55.00 per day , Alcohol Screening costs, treatment/counseling costs, monthly probation supervision fees.	90 days suspended	Yes
2nd Extreme DUI [.15 or more but under 2.0] within 7 years	180 days jail/120 suspended	$250.00 fine X 80% surcharge $1,250.00 prison assessment, $1,250.00 Dept. Pub. Service fee, $250.00 abatement fee, daily jail costs @ approx. $55.00 per day,, Alcohol Screening costs, treatment/counseling costs, monthly probation supervision fees.	License revoked for one year	Yes
1st Super-Extreme DUI [2.0%] or more	Mandatory 45 days jail minimum	Approx. $3,500.00 fines & costs, jail costs @ approx $55.00 per day	90 days suspended license	Yes
2nd Super-Extreme DUI [2.0%] or more w/in 7 years	Mandatory 180 days jail	Approx. $4,500.00 fines & costs, jail costs @ approx $55.00 per day	Revoked for at least one year	Yes
AGGRAVATED DUI [ 3rd conviction for any DUI class within 7 yrs or DUI with a suspended/revoked or no license] CLASS 4 FELONY	minimum 4 months prison [unless prior felony convictions)]	Up to $150,000 fine plus an 80% surcharge, $1,500.00 prison assessment, $250.00 abatement fee , Alcohol Screening costs, treatment/counseling costs, monthly probation supervision fees.	Revoked for at least 3 years	Yes
AGGRAVATED DUI [with child in vehicle under the age of 15 years old]	minimum 4 months prison [unless prior felony convictions)]	Up to $150,000 fine plus an 80% surcharge, $1,500.00 prison assessment, $250.00 abatement fee , Alcohol Screening costs, treatment/counseling costs, monthly probation supervision fees.	Revoked for at least 3 years	Yes

In order to challenge license such suspensions, a request for hearing or a summary review request must be filed with the Department of Transportation within 15 days of arrest. If no such request is made suspension will occur automatically. For this reason it is urgent that you contact an attorney immediately upon arrest to discuss your options.

IF YOU ARE ARRESTED FOR DRUNK DRIVING

If arrested for drunk driving while your license is suspended , the crime can be charged as a felony. The police may seize the vehicle and sell it. The offender, if convicted, faces a minimum of 4 months in state prison and a maximum of 3 3/4 years in prison plus a fine of not more than $150,000.00. If the suspect convicted also has prior felony convictions, the minimum and maximum sentences increase significantly.

1.THE REQUIREMENTS: If you are stopped by a police officer, chances are no matter what the reason was for the stop, the officer will immediately begin investigating you to determine if you have been drinking.

You are required to identify yourself (i.e. give your license, registration and proof of insurance to the officer). The law does not require you to answer any questions; you are not required to submit to coordination or dexterity tests (e.g., finger⌐to⌐nose test, walking heal¬to⌐toe, counting backwards, saying the ABC's etc.), nor are you required to cooperate in the administration by the police of a Horizontal Gaze Nystagmus test (this is a test use to estimate your blood alcohol and involves the officer having the suspect track with the suspect's eyes the path of a penlight or the officer's finger -supposedly, if the eyes begins to shake at a certain point, the suspect is over .10%).

B. Do not submit to dexterity, coordination tests, or tests requiring you to track with your eyes the path of a police officer's pen or finger. Even sober people are prone to flunk these tests. These test normally can only hurt, not help your case. The law does not require you to take these field sobriety tests.

C. Request to speak to an attorney. Explain that you do not want to answer any questions without first speaking to your attorney. [The Wolfson Law Center, P.C. can be reached 24 hours a day, seven days a week, including holidays by dialing, Toll Free, 1-888-FEAR NOT (1-888-332-7668). Many cases - easy payments (On Approved Credit). Master Card, Visa, American Express & Discovery Card Accepted].

The U.S. and Ariziona Supreme Courts have required that once a person who is in police custody asserts his right to speak with an attorney, no further question may be asked. If, after you demand an attorney, questions are asked of you which result in answers from you that are incriminating, it is possible that such statements could be ordered suppressed by a Court before trial.

D. Do not, repeat, DO NOT ANSWER ANY QUESTIONS. This is your 5th Amendment Constitutional Right. A refusal to answer questions may not be used against you at trial. The questions asked by the police officer during the investigation are used to convict you of the crime. Although the natural tendency is to be cooperative and to answer all questions, do not fall into the trap of making a confession without knowing it. The less said the better. Above all, do not admit to driving the car or to drinking alcohol in any quantity. Just politely refuse to answer any questions. Repeat your request to speak to an attorney.

E. If you are requested to submit to a test for blood alcohol [ i.e.: breath test, urine test or blood test], you have no right to refuse the test under Arizona law without being penalized. However, this does not mean that you don't have the power to refuse the test. [A 160 pound person with four 1 oz 86 proof drinks [four 12 oz. beers] has a good chance of having a blood alcohol level at 0.08 or greater. A 100 pound person reaches that level after only two ½ drinks ].

If you refuse to submit to a test for alcohol your license will be suspended for twelve months. If no test is taken however, the State can not charge you with the 0.08 crime nor can you be charged with DUI Extreme - but it may still charge the operation while under the influence crime if there is sufficient evidence that your operation or control of a vehicle is in the slightest degree impaired by alcohol or drugs. Under certain limited circumstances, the police may be entitled to obtain blood sample from a suspect regardless of consent. If a driver is involved in an accident involving a death or serious bodily injury, the law in Arizona provides the police may seize a blood sample from you against your will and without your consent. Even in non-accident cases - very occasionally - the police may try to obtain and can obtain a search warrant from a judge to obtain your blood sample without your consent.

Lastly, if you are treated medically for whatever reason during a DUI investigation and blood is taken from you SOLELY FOR MEDICAL PURPOSES, the police are entitle to request and obtain a portion of that blood draw for evidence [regardless of your consent]. However, the police can’t merely demand blood be drawn for evidence against you. The blood draw must be for a legitimate medical purpose in order for the police to be able to lawfully get a blood sample in this way. So, be aware - if you let medical personnel take a blood sample from you within the five or six hours after your stop or arrest for DUI, you are risking evidence being taken from you to be used against you in your case. Unless the DUI involves death or serious bodily injury, you have the right to refuse to give blood to the hospital.

F. You are entitled to speak to an attorney before taking a breath test as long as it does not interfere with the police officer's investigation. Ask for an attorney even if the officer tells you that no right to an attorney exits. You may not refuse to take the test because you were denied an attorney. If you do, you license will still be suspended anyway for the refusal. But, ask for your attorney anyway. If you are denied your right to counsel, it may help your criminal case. If you are facing a second or worse conviction for DUI, you will loose your license for at least twelve months upon conviction anyway. So, taking the test for a second or worse offender can damage your case and is of questionable help to you. However, if you do decide to submit to the test, recognize that if the results equal to or greater than 0.08%, you have given the state the proof it needs to convict you.

In Arizona, refusal to submit to a test for alcohol is admissible against you at trial to prove that you knew you couldn't pass the test and therefore were showed your state of mind demonstrates you are guilty of operation while under the influence. However, such evidence is only one of the many factors a jury may consider. In other words, refusal to take the test is not conclusive evidence of impairment.

G. If you decide to take a test, you do not have a personal choice of which test to take. You must take the test offered by the police or otherwise you will be deemed to have refused a test. If you do take a test, request that a second sample be preserved and given to you for your own testing. Demand this second test sample. It could prove a breath test machine to be broken, or a blood test result inaccurate. Request the police release you as soon as possible so that you case obtain an independent test [of blood at the local hospital] before you blood alcohol level changes drastically.

H. As soon as possible after you are released, proceed directly to a hospital emergency room or your doctor and request that your blood be drawn and tested for alcohol levels. If you wait too long, this test will not help you. It must be conducted promptly if it is to be of any use in your defense. The cost of this test is your responsibility.

I. Contact your attorney the day after your arrest to make an appointment to discuss your case. Remember, if you don't request a hearing on your license suspension within 15 days after your arrest, the suspension will be automatic. So, contact your attorney promptly to insure your rights will be protected.

can be reached 24 hours a day, seven days a week - including holidays - by dialing:

THE MOST FREQUENTLY ASKED QUESTIONS

ABOUT DUI/DWI DEFENSE

1. What do police officers look for when searching for drunk drivers on the highways?

The following is a list of symptoms in descending order of probability that the person observed is driving while intoxicated. The list is based upon research conducted by the National Highway Traffic Administration:

[it should be noted that even if the foregoing observations are not made by the officer, stops are often made because a tail light is out, a tail lens is cracked, a license plate light is out or flickering or the officer says the driver failed to dim head lights on approach. These “hummer” reasons for a stop of a driver often come down to your word against the officer’s word at trial. Of course, none of these “hummers” are indicative of impairment by alcohol or drugs. But, they do give the officer a basis to tell a jury why the stop was lawful and reasonable]. Note: the police officer must be able to state specific legal reasons for his or her decision to stop your car. An unlawful reason for stopping your car in the first place may be sufficient grounds for ultimately getting a DUI case dismissed.

3. Why did the officer make me follow a penlight with my eyes to the left and right?

This is the "horizontal gaze nystagmus" test, a relatively recent development in DUI investigation. The officer attempts to estimate the angle at which the eye begins to jerk ("nystagmus" is jargon for eye jerking). If this occurs sooner than at 45 degrees, it theoretically indicates an blood-alcohol concentration. The smoothness of the eye's tracking the penlight (or finger or pencil) is also a factor, as is the jerking when the eye is as far to the side as it can go.

This field sobriety test has proven to be subject to a number of different problems, not the least of which is the non-medically trained officer's ability to recognize nystagmus and estimate the angle of onset. Because of this, and the fact that the test is not accepted by the medical community, it is inadmissible as evidence in many states - it continues, however, to be widely used by law enforcement. Arizona is one of the few states who have accepted the HGN test as reliable. It is admissible in Arizona as evidence of intoxication.

The consequences of refusing to submit to a blood, breath or urine test varies according to the state. Generally, there are two adverse results:

1. Your driver's license will be suspended for a period of time, commonly twelve months. This is true even if you are found not guilty of the DUI charge.

2. The fact of refusal can be introduced into evidence as "consciousness of guilt" Of course the defense is free to offer other reasons for the refusal.

Thus, the decision is one of weighing the likelihood of a high blood-alcohol reading against the consequences for refusing.

Not necessarily. The officer is supposed to give a 5th and 6th Amendment warning [a Miranda Warning advises a suspect of the right to an attorney and the right to remain silent] after he arrests you [in essence - places you in custody. “In custody” basically means “you no longer have freedom of movement”]. Often, however, the police do not give a Miranda Warning. The consequence of the failure to read you your rights once you are in custody is that the prosecution cannot use any of your answers to questions asked by the police after the arrest.

The traditional offense is "driving under the influence of alcohol" (DUI) or, in some states, while intoxicated" (DWI). In recent years, however, 43 states [including Arizona] have also enacted a so-called "per se" offense: driving with an excessive blood-alcohol concentration (.08%). In those states, BOTH offenses are charged. In Arizona, the per se offense makes it a crime to have a blood alcohol concentration of greater than .08% within two hours of the operation or physical control of a vehicle Moreover, if the driver is found to be .15% or greater within two hours of operation or control of a vehicle, the crime of DUI Extreme will be charged along with the DUI and the .08 % per se charge. The defendant can be convicted of a DWI and a DUI and a DUI Extreme. If the case involves a refusal to submit to chemical test, of course, only the traditional DUI offense can be charged.

7. The officer took my license and served me with a notice of suspension after the breath test: can he do that if I'm presumed innocent?

Agreed, it is blatantly unfair. But the law in most states having a "per se" statute provides for immediate suspension and confiscation of the license if the breath test result is above the legal limit. Under Arizona case law, the suspension is not considered a criminal penalty, but rather, is treated in Arizona as an Administrative Civil [not criminal] sanction. Therefore, your rights as an accused criminal are not recognized in Arizona as they pertain to a license suspension.

You can represent yourself -- although it is not a good idea. "Drunk driving" is a very complex field of law with increasingly harsh consequences. There is a minefield of complicated evidentiary, constitutional, sentencing and administrative license issues.

What can a lawyer do? If the attorney is not qualified in this highly specialized field - Nothing (or worse) - no more than a family doctor could help with brain surgery. A qualified attorney, however, can review the case defects, evaluate the case for grounds to suppress evidence; request and obtain - and if need be apply for a court order to compel - the discovery of such things as calibration and compliance records for the breath machine; permitting and qualification of the test operators; obtain blood samples for independent analysis; negotiate with the prosecuting attorney for a dismissal of the charge or a plea to other charges or for reduced or altered sentence; obtain and prepare expert witnesses for trial; contest the administrative suspension; etc. Of course, issues concerning admissibility of evidence, constitutional rights, legal research and argument, jury instructions and preservation of issues for appeal are matters most often left to the skill and experience of a qualified trial attorney.

The best way to find a good DUI/DWI lawyer is by reputation. There are a few attorneys have national reputations; these, of course, are expensive. Thus, the best approach is to ask other attorneys in the jurisdiction: Who is the best in the area? If you do not know any attorneys, go to the local courthouse and ask people like bailiffs, clerks and public defenders. Who would THEY go to if arrested for drunk driving? Shop the local telephone book under Attorneys/Alcohol Offenses or Driving While Intoxicated.

Attorney Randolph D. Wolfson is a member of the National Association of Criminal Defense Attorneys, the National DUI Defense College and has over 25 years of jury trial experience in defending accused citizens in DUI cases.

2. The Attorney has a reputation for going to trial in appropriate cases, rather than just "copping out" clients; and

This varies, of course, by the reputation and experience of the lawyer and by the geographic location. As with doctors, generally, the more skilled the attorney and the larger the city, the fee. A related factor is the amount of time a lawyer devotes to his cases: the better take fewer clients, spending more hours on each. The range of fees is huge. A general practitioner in a small community may charge only $2,500 - a DUI specialist with a national reputation might charge $7,500 and more. In addition, the fee may vary by such other factors as:

2. If prior convictions are alleged, the procedures for attacking them may add to the cost.

5. The lawyer may charge a fixed fee, or he may ask for a retainer in advance and bill hourly

6. Costs such as witness fees, independent blood analysis, service of subpoenas, etc., may be, and usually are, extra.

Whatever the fee quoted, you should ask for a written agreement and make sure you understand all the terms.

Most states increase the punishment in drunk driving cases if certain facts exist. The most common of these is an earlier conviction for the same or a similar offense -- in Arizona within7 years of the current offense. Other commonly encountered enhancements include:

1. A child was in the car at the time [in Arizona this means 15 years old or younger].

In most states, the existence of any personal injury caused by drunk driving elevates the offense to a felony. A death can trigger manslaughter, aggravated assault or even murder charges.

"Mouth alcohol" refers to the existence of any alcohol in the mouth or esophagus. If this is present during a breath test, then the results will be falsely high. This is because the breath test machine assumes that the breath is from the lungs; for complex physiological reasons, its internal programing multiplies the amount of alcohol measured in the breath gases by 2100. Thus, even a tiny amount of alcohol breathed into the machine from the mouth or throat can have a huge impact.

Mouth alcohol can be introduced in many ways. Belching, burping, hiccuping or vomiting within 20 minutes of taking the test bring vapor from alcoholic beverages still in the stomach up into the mouth and throat. Taking a breath freshener can send a machine's reading way up (such products as Binaca, Scope, some cough syrups, etc., and have alcohol in them); cough syrups and other products also contain alcohol. Dental bridges dental caps can trap alcohol. Blood in the mouth from an injury is yet another source of alcohol in breath test results: breathed into the mouthpiece, any alcohol in the blood will be multiplied 2100 times.

Newer breath test machines supposedly insure that the presence of mouth alcohol is detected and shuts the machine down automatically. The device on the machine used to detect the presence of mouth alcohol is called a slope detector. A knowledgeable DUI defense attorney can defeat a breath test result by attacking the theory of the slope detector if it can be shown that the defendant had any alcohol in his system at the time of the test AND at or during the test the defendant introduced alcohol directly into the mouth while blowing in to the machine [e.g. belched, vomited, defendant has GERDS [Gastroeshophgial Reflux], misfitting dentures that trap fluid/food; poor lower jaw dental health that traps food/fluids]. Moreover, breath test machines are not specific for Ethel Alcohol. In other words, the machine can give false positive readings for alcohol when there is really none present. A classic example is Acetone. Diabetic patients are known to naturally produce the chemical Acetone in their breath. The breath test machine will misinterpret this chemical as Ethel Alcohol and give a false breath test reading. So, diabetics may present a defense in this way to the breath test result. Obviously, a competent attorney who both understands the theory and function of breath test devices and who has access to an expert witness who can provide the necessary testimony in such cases needs to be retained. This work is complex and should be left to a professional.

Attorney Randolph D. Wolfson is a member of the National Association of Criminal Defense Attorneys, The National College for DUI Defense and has over 25 years of jury trial experience in defending accused citizens in DUI cases.

Potential defenses in a given drunk driving case are almost limitless due to the complexities of offense. Roughly speaking, however, the majority can be broken down into the following areas:

7. Driving. Intoxication is not enough: the prosecution must also prove that the defendant driving or in actual physical control of a motor vehicle. This may be difficult for the State to prove if, as in the case of some accidents, there are no witnesses to being the driver of the vehicle.

8. Probable Cause. Evidence will be suppressed if the officer did not have legal cause to (a) stop, (b) detain, and (c) arrest. Sobriety roadblocks present particularly complex issues.

9. Miranda Warning. Incriminating statements may be suppressed if warnings were not given at the appropriate time.

10. Implied Consent Warnings. If the officer did not advise you of the consequences of to take a chemical test, or gave it incorrectly, this may affect admissibility of the test -- as well as the license suspension imposed by the motor vehicle department.

11. "Under the Influence". The officer's observations and opinions as to intoxication must be questioned - the circumstances under which the field sobriety tests were given, for example, or the subjective (and predisposed) nature of what the officer considers as "failing". Too, witnesses can testify that you appeared to be sober.

12. Blood-alcohol Concentration. There exists a wide range of potential problems with blood, breath or urine testing. "Non-specific" analysis, for example: most breath machines will register many chemical compounds found on the human breath as alcohol. The breath machine assume a 2100-to-1 ratio in converting alcohol in the breath into alcohol in the blood. In fact, this ratio varies widely from person to person (and within a person from one moment to another). Radio frequency interference can result in inaccurate readings. These and other defects in analysis can be brought out in cross-examination of the state's expert witness, and/or the defense can hire its own forensic chemist.

13. Testing During the Absorptive Phase. The blood, breath or urine test will be unreliable if done while you are still actively absorbing alcohol (it takes 45 minutes to three hours to complete absorption; this can be delayed if food is present in the stomach). Thus, drinking "one for the road" can cause inaccurate test results.

14. Retrograde Extrapolation. This refers to the requirement that if you are able to present competent evidence that at the time of your driving you were not over .08% blood alcohol, for per se charge concentration greater than .08% within two hours of the operation of control of a vehicle] the BAC be "related back" the time from the test to within two hours of the driving or actual physical control of the vehicle. Again, a number of complex physiological, constitutional and procedural problems are involved here.

15. Regulation of Blood-alcohol Testing. The prosecution must prove that the blood, breath or urine test complied with state requirements as to training, procedure, calibration, maintenance, etc.

16. .License Suspension Hearings. A number of issues can be raised in the context of an administrative hearing before the state's department of motor vehicles.

IF YOU WISH TO RETAIN AN ATTORNEY
FOR A DUI / DWI ARREST IN ARIZONA

can be reached 24 hours a day, seven days a week - including holidays - by dialing:

� 1995-2008: The Wolfson Law Center, P.C. - Bullhead City, Kingman and Lake Havasu City, Arizona. This page and all contents therein are the sole property of The Wolfson Law Center, P.C.; Randolph D. Wolfson and/or HimPrints and may not be reproduced or copied in whole or in part without the express prior written consent of the owner. Copyright and trademarks contained in the links embedded on this page are the property of their respective owners.