There are certain procedures and requirements that law enforcement officials must follow when performing a breath test on a DUI suspect. Here are some general highlights of the DUI Breath Testing Procedures in Arizona:
- The officer must verify that the subject is a good candidate and capable of taking the breath test. Then must provide the suspect with proper instructions for taking it.
- The officer must carefully observe an the suspect for a minimum of 20 minutes while preparing for the test to fulfill requirements for an “observation period.” The purpose of this observation period is to ensure that the suspect does do anything that may contaminate the breath test results.
- The law enforcement official must administer duplicate breath tests on the subject at the time of the DUI investigation. The 2 tests must be administered at an interval of no less than 5 minutes and no more than 10 minutes.
- Results of the second test must be within 0.02% of the first. If it is not, additional tests must be administered.
- The breath machine operator must officially record the value simulator solution used in the test.
- The suspects breath test results of .08% or higher or the establishment of impairment to the “slightest degree,” must be within two hours of driving or being in actual physical of a vehicle.
Despite these and other careful procedures and regulations, breath tests are often used as part of the defense. Breath tests are often inconsistent and questions regarding accuracy of results or procedures may lead to test results being dismissed.
For this and other reasons, it is important that you contact a qualified DUI Defense Attorney to assist you in your case. Naegle & Crider Criminal Defense Attorneys has extensive experience in dealing with DUI Cases and knows the laws and regulations regarding breath tests. We are committed to defending you and will protect your rights.
Call Naegle & Crider Criminal Defense Attorneys at 480-245-5550 for a free consultation.