Articles Tagged with Extreme DUI Lawyer

Gilbert DUI – Is DUI Breath Evidence Reliable?

A DUI case requires an attorney with knowledge of the forensic science involved in both breath and blood testing. Each method has its own potential error sources and each method has its own unique vulnerabilities. In this post, we will discuss a breath based DUI and the potential weaknesses inherent in this method of measuring blood alcohol levels in a person's system.

Blood alcohol concentration, as measured by a breath analysis machine, is a complicated process where ethanol particles found in the breath of the person being tested absorbs infrared light produced inside the breath analysis machine. The resulting loss of light is measured to determine the amount of ethanol present in a given sample. In this sense, the machine uses an inverse relationship between the loss of light sharing a direct relationship to the amount of alcohol present in a given breath sample. In other words, the lower the light level present in the machine translates to more alcohol being present in the breath sample being analyzed. This amount is then converted to the level of alcohol thought to be present in the blood of the person being tested.

If you have been arrested for any type of DUI violation in Chandler, AZ or any surrounding areas, it is advisable to seek the assistance of an experienced Chandler Criminal Defense Attorney before making any decisions in your case. Aside from the complexities involved in litigating DUI cases, DUI penalties in the State of Arizona are some of the harshest in the country. A DUI case requires an attorney with knowledge of the forensic science involved in both breath and blood testing. Each method has its own potential error sources and each method has its own unique vulnerabilities. In this article we will discuss breath based DUI’s – blood based DUI’s will be covered in the near future.

The purpose of an itemized discovery request should be to obtain the necessary documents to establish that the individuals operating the various machines were qualified to operate them, and to verify that the machine in question was performing, at a minimum, consistent with established legal standards. (Note: This does not necessarily mean the machine was working properly.) Finally, obtaining exhaustive discovery allows your attorney an opportunity to discover when various machines were not functioning properly, or when established procedures and protocols were not followed. The specific items of information needed will be different for each case, but at a minimum, your request should seek to discover the following items in a breath case:

• A copy of the investigating police officer’s Operator Permit Card showing that the officer was qualified to administer the breath test utilizing the make and model of the machine used in this case as required by AAC R-13-10-105(C)(1);

Cinco de Mayo is a national holiday in Mexico marking a momentous time in history and has become a day of celebration and festivities in our country as well, particularly in bordering states such as Arizona. Festivities include indulging in Mexican food, dancing, parades, and of course, enjoying Mexican beer. Because it has become a big drinking holiday, law enforcement increases their patrol efforts, including establishing DUI checkpoints throughout this holiday weekend. According to a recent news article (AZCentral.com 5/5/13) police made 274 DUI arrests this past weekend (not including Sunday night) as a result of a statewide Cinco de Mayo saturation patrol effort. Of these 274 arrests, there were 74 Extreme DUI arrests, 36 Aggravated DUI arrests, 35 people who had prior DUI arrests and the average blood-alcohol content (BAC) cited was 0.153 percent – almost twice the legal limit of 0.08 percent.

An individual is charged with Extreme DUI, which is a misdemeanor violation, when their BAC is 0.15 percent or higher. Click here to learn more about Extreme DUI charges and penalties. A person can be charged with Aggravated DUI, which is a felony violation, in instances where there is a minor child (under the age of 15) in the vehicle, if the person's driver's license was suspended/revoked at the time of the arrest, or if this is your third DUI in a period of 7 years. Click here to learn more about Aggravated DUI charges and penalties.

Law enforcement will continue to maintain increased patrols throughout the month of May, particularly over Memorial Day weekend and during high school and college graduations. According to Sgt. Tim Bulson of the Tempe Police Department DUI unit, "May is going to be a very busy month" and "We want to make sure that the streets are safe… ." Law enforcement agencies will continue their increased patrols, with additional funding through the highway safety office, during the summer months when kids are out of school, families are heading out to the lakes and camping, celebrating summer holidays, including the 4^th of July and Labor Day, and enjoying backyard pool parties and barbecues. Remember to drink responsibly – have a (sober) designated driver or take a cab or the light rail.