Chandler DUI Testing
Arizona is an implied consent state, meaning when you obtain a driver’s license, you give your implicit consent to undergo alcohol or drug testing if arrested for DUI or for being under the influence of alcohol for those under the age of 21. That being said, you can refuse blood, breath, or urine tests, but it is rarely in your best interests to do so because a refusal triggers a loss of your driver’s license for one year or more. You can refuse field sobriety tests with no penalty but refusing a BAC test does come with consequences.
The subject of DUI testing is fairly complex and can greatly benefit from having a strong, experienced Chandler DUI defense attorney by your side following your Chandler, AZ DUI charges. The DUI team from the Ciccarelli Law Offices is ready to help you during this difficult time. We understand you are anxious and stressed about your future and may have many questions regarding what lies ahead. We work hard on your behalf to ensure you receive the very best defense possible, with a goal of the very best outcome to your charges.
Why Choose A Chandler DUI Test Lawyer From Ciccarelli Law Offices?
- We bring over one hundred years of combined national criminal defense experience in both state and federal courts.
- We know just how seriously law enforcement officials in and around Chandler, AZ take DUI.
- Our Chandler criminal defense lawyers have the resources necessary to fully investigate the DUI charges against you, dealing with the prosecutors in your case as well as the MVD regarding your driving privileges.
- We have a full understanding of the implications and consequences of an Arizona criminal prosecution/conviction and have been recognized by our peers as Super Lawyers.
- Our clients respond to our services with hundreds of five-star reviews.
The sooner you seek legal assistance for your DUI charges, the better able we are to mount a solid defense on your behalf. We know you need the best DUI attorney as you face a potential DUI conviction; our team is available for you and your family when you need them the most. At Ciccarelli Law Offices, Your Success is Our Mission.
What Tests are Commonly Used for Suspicion of DUI?
The tests commonly used for those under suspicion of DUI in the state of Arizona are field sobriety tests, Breathalyzer tests, and chemical tests. Usually, the field sobriety tests are administered; if the subject “fails” the field sobriety tests, then a Breathalyzer test will be given, or the subject will be taken for a chemical test. There are certain issues with each of these tests that are detailed below.
- Field Sobriety Tests—You are not required to take field sobriety tests in the state of Arizona, although the officer may not tell you this. You will not be penalized for refusing a field sobriety test in the same way you will be penalized for refusing a Breathalyzer or chemical test. There are three approved field sobriety tests: The Horizontal Gaze Nystagmus, the Walk and Turn test, and the One-Leg Stand. Officers may also include a heel-to-toe test, a finger-to-nose test, an alphabet recitation, a fingers-to-thumb test, or a Rhomberg test. Because there are so many issues with field sobriety tests, most attorneys agree you should politely refuse to take the tests. Some issues that can cause a subject to do poorly on the test—even if he or she is not impaired—include:
- Being overweight
- Taking certain prescription medications
- Having an illness or injury
- The lighting, location, traffic, noise, weather, and climate conditions at the place where the field sobriety tests are conducted.
- Women wearing heels can have a difficult time with the walk and turn test or the one-leg stand
- Being elderly can result in poor results on the tests
- The police officer may not have properly provided correct instructions
- There may have been a language barrier between the officer and the suspect
- The officer failed to properly evaluate and report the test
- Breathalyzer Tests—Breathalyzer tests are often given in the field, using a handheld device. The results of these tests are often inaccurate and may not be admissible as evidence against you. More accurate breath tests, using a device known as an Intoxilyzer may be given at the police station, and these test results are admissible in court. The portable Breathalyzer machine is often used as a reason for the arrest, then an Intoxilyzer or chemical test given at the police station. There are many factors that can skew the results of the handheld Breathalyzer device such as improperly calibrated equipment, improperly maintained equipment, contaminated equipment, residual mouth alcohol in the subject, fluctuating BAC levels, certain health conditions, and certain medications. While you can legally refuse to take a Breathalyzer or Intoxilyzer test, if you do refuse you will immediately have your driver’s license suspended for a period of one year, regardless of whether the DUI charges against you are eventually dismissed. Further, if you refuse a breath test, the police may obtain a warrant that will force you to submit to breath, blood, or another chemical testing.
- Blood or Urine Chemical Tests—If you agree to a blood draw (or the police obtain a warrant allowing them to conduct a blood draw), you should know that this is the most accurate method of determining BAC. There is, of course, some room for error if the staff fails to follow outlined procedures, or the person taking the blood test is inexperienced, but generally speaking, a blood test provides reliable results. A urine test is less accurate than a Breathalyzer test or a blood test and is generally only used when it is not feasible for some reason to conduct another type of test. A urine test cannot be conducted until the suspect has been taken to the police lab and this time-lapse could render the results much higher or lower than the true BAC.
Contact A Chandler DUI Defense Lawyer Today
If you have questions about your DUI testing after an arrest, we can help. At Ciccarelli Law Offices, our Chandler DUI Defense lawyers are passionate about representing individuals accused of DUI across the state of Arizona. We can meet with you to help you better understand your legal options and fight for the freedom you deserve.
You need a Chandler DUI defense lawyer that is there for you when you need them most. Contact us or call us today at (480) 725-6132.