HOW GOOD TEMPE DUI LAWYERS CHALLENGE BREATH TESTS TO FIGHT YOU DUI CHARGES IN TEMPE AZ
Tempe AZ DUI Charges
A Tempe DUI Charge is not a conviction. You have a right to plead “not guilty” and to fight your DUI. Your best chance of getting a good outcome or even a DUI dismissal is to retain a good Tempe DUI lawyer. They will be able determine what defense strategies may be utilized to defend your DUI charges in Tempe Court.
Tempe DUI Defense Strategies
FAILURE TO KEEP MAINTENANCE RECORDS FOR THE INTOXILYZER 8000 BREATH MACHINE
Do records exist to support maintenance of the machine?
Records must be kept regarding maintenance, timing and history of routine maintenance, malfunction or defects. If these records were not updated, documented, and properly maintained, regardless of the whether or not the machine had no defects, the evidence can be suppressed. Without proper records to support its maintenance, or even support of lack of defects, there is no proof that the unit was working properly at the time of use.
BAC AT THE TIME OF THE DRIVING WAS BELOW .08.
Was your DUI testing conducted within two hours of your driving, being in physical control, or potential to be in physical control of a vehicle?
The blood alcohol content (BAC) level is not constant in the body. It rises as the alcohol it is absorbed by the body; and falls as it is processed by the body. The prosecution must establish that you BAC might have been .08 or better within two hours of driving the vehicle.
CHRONIC HEARTBURN OR OTHER MEDICAL
CONDITIONS CAN SKEW THE BREATH MACHINE RESULTS
Do you suffer from a medical condition like heartburn or gastric reflux?
These conditions may skew the BAC reading from the breath machine to a number higher than the true BAC. Trial results have proven that if stomach fluid that contain alcohol due to such medical conditions find their way into the defendant’s breath, causing the BAC results to be proven inaccurate with reasonable doubt concerning results.
Tempe AZ DUI Defenses
There are many DUI defenses that can be used to defend your Tempe DUI charges. Experienced Tempe DUI lawyers know what DUI defense strategies can be used in your case. The above defenses are just a few of many, surrounding breath testing results. Above was an excerpt from the book “101 DUI Defenses 101 DEFENSES TO BEAT YOUR ARIZONA DUI ©” written by James Novak, Arizona DUI and Criminal Defense Attorney. For more DUI defenses, the abridged version of this E-book can be downloaded free by visiting www.arizonacriminaldefenseattorney.com.
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).
The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within Maricopa County including the cities of Tempe, Scottsdale, Phoenix, Chandler, Mesa, and Tempe Arizona.
This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.