Arizona Breath Test
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The Intoxilyzer 5000. Sounds intimidating, doesn’t it? Don’t be too scared of this machine. As an experienced DUI attorney and Class I Operator of this device, Ed Loss knows its flaws and weaknesses. And we use that to help win your case. If you were charged with an Arizona DUI because you failed your breath test, the following information may be helpful to you.
To Breathe or Not to Breathe – That is the Question
Under Arizona’s Implied Consent law, those who do not submit to a chemical test when properly asked by police are in danger of facing harsh penalties. When a police officer suspects you of drinking and driving, he or she will ask you to submit to a chemical test. You have three choices: blood, breath or urine. Police often use the breath test because it’s portable and they can conduct it on the scene or back at the police station. However, of the three tests, the breathalyzer is the least accurate in determining your blood alcohol content (BAC). That’s because the machine may detect alcohol on your breath such as from mints, cough syrup or even chewing gum, giving a false reading! Some police are not properly trained on how to use the machine, which can work against you.
In Arizona as in every other state, the legal BAC limit when driving is .08%. Go over this amount and you’re considered DUI. But now that you know there are some factors that can contribute to your breath test results, isn’t it time you sought help? We think so.
At the Law Offices of Edward A. Loss, we know the capabilities of a breath test. We even stay ahead of the curve by training on the latest breathalyzers that are hitting the market. In fact, Ed Loss is a DOT Certified Operator of the new Intoxilyzer 8000 breath testing device – a machine Arizona police are just starting to test out.
So if you were charged with DUI because you failed your breath test, please understand that this doesn’t mean you can’t win your case! Whether the machine was not working properly or was not administered properly, we’ll find out.
5400 W. Northern Avenue . Suite 104
Glendale, AZ 85301
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Phone: 623-931-6362 . Fax: 623-931-1061
Email: azduiatty@aol.com
