Potential Issues Concerning Breathalyzer Tests in DUI Cases

Posted by Raymond Kimble | Nov 19, 2019 | 0 Comments

In many cases people are arrested, cited for DUI and plead guilty, without being informed about the potential problems and challenges to breathalyzer test results.  This is unfortunate as DUI convictions in Arizona result in mandatory jail time, drivers license suspensions, huge fines and ignition interlock requirements.  

Breath Testing Device Issues

Although the results of a breathalyzer tests administered by a certified operator using am Intoxilyzer 5000 in Arizona may be admissible to prosecute and convict people for DUI in Arizona, it doesn't mean the results are infallible.  On many occasions, breath tests results are suppressed or "thrown out" due to software issues, improper maintenance of the machine, calibration difficulties and operator error.  

The Department of Health Services along with many police departments in Arizona have policies and procedures in place which are designed to ensure that breathalyzer tests are accurate and admissible.  This includes observing an individual for a period of fifteen minutes immediately prior to the taking of a breath test, following an approved Intoxilyzer checklist and running a breath testing instrument through periodic calibration and quality assurance tests to make sure it is working properly.  

Other issues which might affect the reliability of a breath tests result include the presence of food, candy, etc in your mouth during administration of the test, consumption of liquids which contain alcohol such as mouthwash or cold medicine just prior to the tests, burping, belching or vomiting within minutes of taking a test or medical conditions such as diabetes or gastrointestinal difficulties like acid reflux.

Unfortunately, neither a police officer, prosecutor or judge is going to tell you about the potential of actual problems with a breathalyzer test while you are facing a DUI charge.  Consequently, you are well advised to consult with an experienced DUI defense lawyer who can investigate all aspects of your case from the initial motor vehicle stop to the field tests, your post arrest interview and the breath or blood test results.  

CALL (480) 833-8613 TO GET HELP NOW

If you, a family member or friend has been arrested for a DUI offense in Tempe, Arizona or any other city within the greater Phoenix area, it is important that you immediately begin working with a qualified DUI attorney who can effectively represent you in the court of law and take necessary steps to protect your driver's license.  Attorney Raymond Kimble is a former police officer, DUI and felony prosecutor and has represented thousands of people charged with DUI in Tempe, Mesa, Gilbert, Scottsdale, Phoenix and other cities throughout Maricopa and Pinal Counties over the last twenty years. Ray Kimble  will have a clear understanding of all the circumstances in your case, along with the knowledge, skill and experience to protect your drivers license and achieve the best possible outcome for you.


About the Author

Raymond Kimble

About Raymond Kimble Attorney Raymond Kimble has built his law practice on the philosophy that each client deserves consistent individual attention. Ray realizes that being charged with a DUI or criminal offense is one of the most stressful events in a person's life. A DUI, felony or misdemeanor arrest can involve prison or jail time, probation, huge fines and a criminal record. Consequently, people who face DUI, felony or misdemeanor charges in Arizona are placed at risk of losing employment or being barred from future job opportunities. Ray works to lessen his client's anxiety by ensuring that they have direct access to him at all times and can reach him by e-mail, cell phone or text during normal business hours as well as nights or weekends if they have a pressing question or concern. Raymond Kimble is a dedicated DUI and criminal defense lawyer who has built a reputation of working tirelessly to protect his client's constitutional rights, their future and liberty. Ray strives to provide the strongest defense possible for each client despite the obstacles they may face. Put Experience to Work for You Raymond Kimble's twenty years of experience with respect to DUI, misdemeanor and felony criminal charges extends well beyond law school where he graduated within the top ten percent of his class. Ray was a police officer for ten years prior to becoming an attorney. As a police officer, Ray was trained in both DUI and criminal investigation and his personal involvement in criminal cases while a police officer certainly gives him a unique perspective when reviewing police reports, interviewing witnesses and challenging physical evidence. Ray often identifies legal issues or mistakes made by police during an investigation through his own personal experience as a patrol officer. In addition to his police experience, Raymond Kimble worked as a prosecutor with the Maricopa County Attorney's Office where he was responsible for prosecuting DUI, felony and misdemeanor crimes. During his tenure as a prosecutor, Ray conducted a number of jury trials and hearings related to the admissibility of evidence. Through his involvement with these cases as a prosecutor, Ray learned how to properly evaluate the strength and weaknesses of a DUI, misdemeanor or felony charge and became skilled in jury selection, argument, and the direct and cross examination of both civilian witnesses, experts and police officers. Of course, Raymond Kimble's expertise extends beyond his experience as a police officer and prosecutor. Specifically, Ray has successfully represented thousands of people during the last fifteen years throughout Maricopa County, Arizona. To best serve his Clients, Raymond remains current on changes in the law as well as police tactics by regularly attending seminars focused on defending criminal charges and reading the latest articles and books related to DUI and criminal defense. Ray also regularly writes criminal defense blogs and posts so that people faced with a criminal charge are better informed about their rights.


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