Arizona Criminal Defense Attorney Blog
Even though your blood test results warranted an AZ DUI arrest, it does not warrant a DUI Conviction. In fact, top AZ DUI lawyers may use the blood test evidence to defend your case, no matter how high your BAC level.
AZ DUI charges based on Blood Test Results
If you were arrested for an Arizona DUI based on blood test results you should contact an AZ DUI lawyer or criminal defense attorney as soon as possible. The best AZ DUI lawyers often find good reasons to challenge the DUI blood tests taken by the police. In many cases your AZ DUI Attorney will find violations and errors in the blood testing process, such as failure of police to follow prescribed rules of testing, analysis, preservation, and transport. Such violations often lead to suppression of the blood evidence, and total dismissal of your DUI charges.
Reasons for AZ Blood Testing for a DUI Stop
A person who is stopped for suspicion of drunk driving does not get a choice as to what test they will be given. The police officer will decide from three options: Blood, Breath, or Urine testing. Here are at least three reasons why the AZ police officer would decide a blood test was needed.
1) You refused to take a breath test, and the officer obtained a court order from the judge to draw a blood sample.
2) According to breath testing requirements and issues that can adversely affect breathalyzer test results, the police determined that a blood test would reap more accurate blood alcohol content (BAC) results.
3) The police suspected you were driving impaired due to drugs or alcohol and the breath test for drunk driving due to alcohol influence was negative. If they still suspect you are impaired by being under the influence of chemicals or substances, they will draw blood to test for a drug DUI or toxic substance DUI. .
AZ DUI Laws – DUI Blood Tests
It is common practice for the police officer to personally do the blood draw. Many police departments have sent their officers for training in phlebotomy. Be sure when the blood is drawn that the police give you a second sample for your defense Attorney. Their blood vial will be sent to their crime lab for testing using a gas chromatograph. Usually it takes 2-8 weeks for the crime lab results to come back. Your DUI Defense lawyer in the meantime may retest the blood at an independent lab and compare their results against the prosecutions.
The Arizona courts have upheld the legality of police officers acting as phlebotomists. However, they must be certified and trained to draw and handle the blood samples. Strict guidelines apply to the blood kits storage; blood kit expiration dates; avoidance of exposure to extreme temperatures of blood kits; chemicals used to clean your arm before the blood draw which can taint results; proper handling, transport and proper storage of the blood sample. All of these factors critical to obtaining an accurate result with gas chromatography.
AZ DUI Lawyers – DUI Blood Retest for AZ DUI Defense
Be sure to ask your AZ DUI defense attorney who will be responsible for the fee to retest the blood sample. Will you be required to pay for it? Or will your defense attorney absorb the fee on your behalf? Arizona blood retesting from an independent lab costs on average $250.00. Many AZ DUI lawyers will take care of that fee as a courtesy to the client. Many blood retests lead to dismiss. In any event, blood retest and examination is worth the cost. If the results are found to be flawed your AZ criminal attorney will challenge the blood evidence, present compelling arguments challenging their test results due to violations of protocol or other processing errors. If successful the blood evidence may be suppressed, and your AZ drunk driving charges dismissed.
If you have been arrested for DUI or criminal charges in Maricopa County contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). Also visit www.arizonacrimialdefenselawyer.com for helpful DUI and criminal defense information.
The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within the Greater Phoenix,, Maricopa County cities including Chandler, Tempe , Phoenix, Chandler, Tempe, Gilbert, Mesa, Phoenix Metro, and central Phoenix and Phoenix East Valley Arizona.