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Breath Tests & DUI in Phoenix, AZ

Phoenix DUI Defense Lawyer

The breath test, or breathalyzer test, is generally one of the most important parts of any Phoenix DUI case. This is the primary means of establishing a driver's blood alcohol concentration (BAC) after an arrest for drunk driving, and the outcome of this test will dictate whether the driver faces criminal charges for driving under the influence. If a driver refuses to submit to a breath test, he or she may face license suspension by the Arizona Motor Vehicle Division (MVD).

In selecting a Phoenix DUI attorney to handle your case, it is important to find someone who is highly skilled in addressing breath tests as they relate to MVD hearings and criminal DUI charges. At Suzuki Law Offices, you will find that we are not only experienced in addressing breath test results and refusals but that we have the necessary resources to thoroughly investigate these matters in order to build more effective defense strategies. This is a highly specialized area of criminal law and requires the attention of a team that understands the inner workings of breath test devices, their faults, proper breath testing procedure and various other factors that may have an impact on the admissibility of physical evidence or a police officer's testimony related to a breath test. Our team can provide the level of representation you deserve.

Challenging the Breath Test

A breath test is administered by having the subject blow into a device that then measures the level of alcohol in the breath and uses a mathematical formula to determine the blood alcohol level based upon the breath alcohol level. If the subject shows a result of .08% or greater, he or she will be charged with DUI.

Although a failed breath test may seem the final nail in the coffin, so to speak, in a DUI case, there are ways to challenge its validity. The following are just a few of the factors that may provide a DUI lawyer with sufficient grounds to have a breath test considered questionable or inadmissible:

  • The breath test device was not properly calibrated or maintained, in accordance with state regulations.
  • The test itself was administered improperly (for example, if the subject ate, drank, smoked or vomited in the 15 minutes prior to the test, this may affect the results).
  • The person who administered the test was not properly trained or qualified.
  • The outcome of the test was affected by the subject's physical condition or illness, such as recent dental work, a gastroesophageal condition or a high fever.

Contact a Phoenix DUI Attorney

Interested in learning more about breath testing and its impact on DUI charges? We can offer you accurate insight and straightforward answers that help you gain a better understanding of this important subject.

Contact a Phoenix DUI attorney at our firm today.
Criminal & DUI Defense