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Defending against DUI Blood & Breath Tests

There are two types of breath tests that are used in Arizona when police want to determine someone's level of intoxication. The first test, called a preliminary breath test (PBT), is usually conducted in the field with a portable device. The results of this test are not admissible in court as evidence of being drunk. It is primarily used by law enforcement to provide a reason for arresting someone for DUI. It is also used to determine the possible outcome of the second test, called an evidentiary breath test (EBT). The EBT is a larger machine that can print out test results, which can be used as evidence of intoxication in a DUI case.

There can be many technical issues that need to be addressed in a case involving breath testing. A qualified Phoenix DUI attorney can help you understand pertinent laws and thoroughly review the actions taken by officers during your testing. It may be possible to challenge your EBT results and minimize their impact at your trial. This can include expert testimony on problems related to breath testing equipment reliability and accuracy of results.

The Wallin Law Firm is skilled in defending individuals accused of DUI. We are familiar with the many forms of testing used in these cases to try and prove someone's guilt in court. Our firm will work to find flaws in testing equipment and processes to weaken the prosecution's case.

DUI Defense Attorney in Phoenix

Like breath testing, DUI blood testing results can be used against a person charged with DUI. There are various ways to dispute blood test results, such as:

  • Contamination of blood during the drawing procedure
  • The blood was drawn by an untrained or qualified person
  • Improper cleaning of skin before the draw
  • Blood and chemicals mixed incorrectly
  • Use of testing kits that have expired

A DUI conviction can have serious consequences; particularly if there have been any prior convictions for this crime. We will mount an aggressive defense to get charges reduced or dropped, and penalties minimized.

Contact a Phoenix Breath & Blood Test Lawyer today for a thorough investigation of the testing procedures used in your case.