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DUI Evidence from Breath & Blood Tests
It could happen to anyone. You go out for a few drinks with friends or to grab a beer after work with a coworker. The next thing you know, those dreaded red and blue lights are flashing in your rearview mirror. Even if you have barely had anything to drink and your BAC is below .08, you could still be arrested for drunk driving thanks to Arizona's strict DUI laws. If an officer has probable cause to believe your driving abilities are impaired due to any amount of alcohol in your system, you could be facing a DUI charge.
Law enforcement officers use multiple methods to determine a person's BAC, but the most reliable are chemical tests. There are three main tests that fall into this category: breath analysis, urine analysis, and blood analysis. Breath and blood tests are the most common for DUI cases and are frequently used by officers to secure reason to arrest and charge an individual.
Facing DUI charges due to blood or breath test results? Contact us to schedule a case evaluation with our DUI lawyer!
Understanding Breath Analysis
There is often much debate over which test is more accurate and produces the most verifiable results. Undeniably, the breath test can be affected by numerous factors, from whether or not you use mouth wash to when you last belched. While these may seem like silly issues, they can have a serious impact on the results of a breath test, pushing a person's BAC up to .08 on a reading, even though they may not actually have such a high amount of alcohol in their system.
A breath test often involves a portable breathalyzer that indirectly measures BAC by estimating the amount of alcohol on a person's breath. These machines use fuel cell science that works by technically burning the alcohol that passes through the device, generating an electric current that is considered a blood alcohol count.
However, these tests can be affected numerous issues, including:
- Administration error
- Incorrect calibration
- Medical conditions
- Body temperature
- Smoking
- Diet
- Other factors
A small error could quickly spike a person's BAC, resulting in unfair and unjust charges.
How accurate are blood tests?
In comparison, blood tests are often considered much more accurate and reliable than breath tests. While some breath tests are administered at a police station, a majority are given on the side of the road where many outside factors can affect the results. However, blood tests must be taken at a hospital or police station, often making this the more accurate option.
A person's blood will be drawn and tested to determine the blood alcohol concentration in their body. People with diabetes, high blood ketones, or currently taking herbal supplements may have inaccurately higher readings, making the test results debatable in some cases. Overall though, blood tests will produce the most reliable results, so long as the sample is not contaminated.
Regardless of whether you took a breath or a blood test that produced an illegal BAC, your case is not over. All chemical tests can be challenged, so it is crucial that you call on our Scottsdale DUI lawyer at the Law Offices of Randall J. Craig to retain aggressive defense!
Our Client Success Stories
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Thanks again, I really appreciate it. I think this will help me achieve the academic position I want, and hopefully deserve (I didn't get the U of Wisconsin post, but will let you know how I do in the next round). You're a very good lawyer.- Craig T.
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“Randall is very knowledgeable and efficient in what he does and would not hesitate in using him if you want a good lawyer!”- Former Client
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I was charged with a DUI, Open Container, Unsafe lane change and Light on license plate out. Thanks to Randall's knowledge and expertise they were reduced to one reckless driving and a $400 fine! I can never thank him enough!!! Randall and his Staff are exceptionally caring about their clients. I felt so comfortable and right at home. They have my trust in their abilities completely!!!- Rose M. Ellis
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I was facing 50+ years in prison for false charges. Randy believed in me. My public defender tried to convince me that Jail and years of intense probation were my only option. I then hired Randy. 3 months later my case was dismissed and I am now at home with my family and get to watch my son grow up. His assistant Jennifer Prescott is amazing and between the two of them I was always informed. And they always kept me calm. Randy saved my life and saved my families life as well. Thank you Randy. I have a "checkered past" to say the least and have dealt with over 10 attorneys in my life. Randy is head and shoulders above the rest! THANK YOU RANDY!!- Marcus P.
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Having never committed a crime, ending up in jail was a humiliating experience for me. His staff kept me informed, Mr. Craig kept me calm, and in the end he was able to negotiate the right deal for me. He has simple flat rates and doesn't bill you for things like copies and phone calls.- JC
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This man has a "Heart of Gold" he was very honest and kind. He did everything he told me he would, the only BAD thing I can say is his investigator Judd Slivka is the worst, did not do his job right and did not call me as promised by Randy. If Randy was to get a "real" investigator he would really do much better. Randy is the best I have ever seen yet! As for phone calls he was there for me 8 out of 10 times, he was at all of our appointments, he is very professional and I would recommend him to anyone! Randy can get anything done that he puts his heart to! He has a nice smile, honest and is very supportive, a rare find in a lawyer! I wish the best to you Randy & hope to see you have a huge law firm in the future, you deserve it!- Former Client
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Thank you Randy for the oversight you found in our case. Your diligence, professionalism and thorough work resulted in a great outcome. We are so appreciative for the final outcome you achieved in our case.- J and L
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- Claire
There is no way to THANK YOU enough for all that you've done to help Jake. All of the waiting, wondering and worry has taken a toll over the last 16 months, but to finally get some relief this morning, well I/we can't express enough gratitude for your time and help. Know how grateful & thankful we are that Jim found you and that you were willing to take this on. Jake will make the most of this gracious second chance! Please take good care.
