This is the question that has been debated for over 3 years and now stands before the Arizona Supreme Court. The case began when attorneys filed charges against the Scottsdale Police Department because of inconsistencies in the results of the tests administered by the machine.
Further investigation brought to light the fact that both the machine and those who used the machine were not properly tested and trained.
This chain of events has led to many people asking whether or not the test results coming from a machine that has been known to make errors in the past be admissible as evidence.
Local Professional Opinion
Arizona DUI defense attorney Charlie Naegle, and many other defense attorneys who have represented DUI suspects that were charged and convicted based on these test results, argue that the information obtained by tests from this machine should be inadmissible.
As one Arizona DUI defense attorney points out, Arizona does not want to allow drunk drivers to go free, but at the same time, does not want to convict people who haven’t broken the law.
Alternative Methods
Blood tests are often performed as part of the process of a DUI arrest. In most cases, once someone has been pulled over for suspected DUI and has either failed their field sobriety test or given an officer reasonable suspicion of DUI, they are arrested and taken to a nearby location for a blood test.
Because so much can transpire between the time of the arrest and the time of the blood test, Arizona DUI defense attorneys typically advise their clients to refuse these tests until they are allowed to consult with their attorney first. It’s easy to believe that by cooperating with police, it will somehow result in a better outcome.
Now as information comes out regarding suspected faulty blood testing equipment, it is more imperative than ever that a person facing DUI charges work closely with an attorney. An experienced Arizona DUI defense attorney, such as Charlie Naegle of Naegle & Crider Criminal Defense Attorneys, will be able to navigate you through the testing process so you avoid incriminating yourself further.
The Arizona Supreme Court has now heard both sides of the argument both for and against the use of the machine used by Scottsdale Police. For now, the department has suspended the use of the machine.