In Arizona, it is against the law to operate a motor vehicle while under the influence of alcohol and/or drugs. If you are arrested on suspicion of driving under the influence (DUI), then you will be asked to take a chemical breath, blood, or urine test. Under Arizona’s implied consent law, if you refuse to take a chemical test, then your driver’s license will automatically be suspended.
If you opt for a blood test and the results show that you were impaired, you might be able to challenge the test. Depending on the facts of the case, you might be able to claim that the results of the DUI blood test were invalid because of contamination, improper handling, or lab errors. Our experienced Arizona DUI defense lawyers will analyze your case and work with experts to help you get the best possible outcome for the charges against you.
Matthew Lopez Law represents people who have been charged with DUIs and other criminal offenses in Arizona. We offer free initial consultations so that you can better understand your legal rights. Reach out to our law firm today to talk to an Arizona criminal defense attorney.
Types of DUI Tests
When you get a driver’s license in Arizona, you consent to take a chemical test if you are arrested on suspicion of driving under the influence. This is known as Arizona’s implied consent law. If you refuse to take a chemical test, then you will face consequences in addition to whatever penalties you may receive for a DUI conviction.
The purpose of performing these tests is to determine the blood alcohol concentration (BAC) or to check for the presence of drugs in a person’s system if they are suspected of driving while impaired. There are three primary types of chemical tests that are used in Arizona DUI cases:
- DUI breath test;
- DUI blood test; and
- DUI urine test.
The police may also test other “bodily substances,” such as by performing a cheek swab to test your saliva for the presence of drugs.
In most cases, an individual will be given the choice between a breath test (also known as a breathalyzer). Breathalyzers are less invasive and produce immediate results, but do not provide information related to drugs. These tests can also be administered by law enforcement.
Blood tests are administered by medical professionals and can check for both BAC as well as the presence of drugs in a person’s system. It can take longer to get results (up to a few weeks). Importantly, the blood sample can be retained for future testing.
Law enforcement may request that you take a DUI blood test if they suspect that you are under the influence of drugs. Alternatively, they may request that you submit a urine sample for chemical testing. While you do have the right to refuse to take a DUI blood test, any refusal will result in consequences, including an automatic license suspension.
If you agree to a DUI blood test – or a blood sample is taken pursuant to a warrant or while you are unconscious – then the results might show that you were impaired. In this situation, you might be unsure of your rights and whether or not you can challenge the results. Our team of experienced DUI defense attorneys can assess your case and determine if you have a valid argument about the validity of the blood test results.
Challenging DUI Blood Test Results
When you get blood test results that show that your BAC was above the legal limit or that you were under the influence of drugs, you might believe that there is no point in fighting your DUI case. After all, blood tests are pretty accurate – aren’t they?
While DUI blood test results are generally more accurate than breath tests, they aren’t foolproof. There are many different issues that can arise with a DUI blood test, from contamination to a delay in getting the test done. In some cases, such as the Massachusetts crime lab scandal, a lab technician may have purposefully falsified results.
There are specific procedures that must be followed when taking a blood sample for use in a DUI case. This includes everything from sanitizing a person’s arm with something other than an alcohol-based wipe (to avoid introducing external alcohol into the sample) to keeping the blood sample at the proper temperature when storing and transporting it. The lab must also follow guidelines to ensure that the sample isn’t contaminated or degraded during the process.
There are many possible defenses to a positive DUI blood test result. Your Arizona DUI lawyer will start by analyzing your lab results as well as the underlying facts of your case. Based on their review, they will put together a potential challenge to the lab results. This may include arguments based on:
- Improper handling: If the blood sample was improperly handled, labeled, transported, preserved, or analyzed, it could be the basis of a challenge.
- Blood draw errors: For example, if a person’s arm was not properly cleaned with a product that did not contain alcohol before the sample was taken, it could affect the accuracy of the results.
- Improper timing: if the blood test was not performed in a timely manner, the test results are not relevant to whether or not a person was under the influence at the time that they were operating a motor vehicle.
- Legal issues: if the police did not have a warrant or consent to the blood draw and there were no other exceptions to the warrant requirement, then the blood sample and test results may be tossed out of court as an unconstitutional seizure.
- Blood test issues: if the blood testing kit wasn’t properly inspected, sealed, or stored, or if it expired, it could be challenged.
- Contamination: If the lab intermingled samples or a foreign substance got into the blood sample, then the blood test results may be invalid.
- Improper test procedures: If the hospital performed the blood draw correctly, then the results could be challenged.
The exact argument will depend on the facts of your case. For example, if your blood sample wasn’t tested right away or wasn’t stored properly, the blood inside the vial could ferment, which occurs when enzymes and bacteria in the blood break down sugars and produce alcohol as a byproduct. This can often result in a false positive high BAC.
The most important thing to remember is that a DUI conviction is not a foregone conclusion. It may be possible to get the charges against you reduced or dismissed. In other situations, you may be able to negotiate a more favorable plea deal with the prosecutor. A skilled Arizona DUI attorney can help you get the best possible outcome.
Charged with an Arizona DUI? Contact Matthew Lopez Law Today.
When you are arrested for a DUI, you might be scared and think that your only option is to plead guilty. Even with a positive breath or blood test, there may be ways to defend yourself against a DUI charge. Our law offices will thoroughly assess your case and work with top experts to develop a strong legal and factual defense to the charges against you.
At Matthew Lopez Law, we take our jobs as advocates seriously. We will protect your rights at each step of the process, from your initial arrest to the final resolution of the case. Whether you have been charged with a DUI or another crime, we will provide the best legal representation possible, working hard to get you a favorable outcome. To learn more or to schedule a free consultation with an Arizona DUI defense attorney, give our law offices a call at 480-608-9998 or fill out our online contact form.