Phoenix DUI Tests

There are a variety of tests employed by law enforcement that to try to determine if a driver is under the influence. Each of these tests, however, has its deficiencies, which we can use as a defense against a DUI charge.

Field Sobriety Tests

Under Arizona Law, a person is not required to submit to field sobriety tests ("FST"), which include a variety of tests. These tests include walking heel to toe, saying the alphabet, balancing on one leg, and/or touching your nose with the point of your index finger. Another field sobriety test is the horizontal gaze nystagmus test, which is the test when the officer looks into your eyes and asks you to follow a light or their finger with your eyes.

In the horizontal gaze nystagmus test, the officer is attempting to assess how smooth or jerky your eyes are when moving them side-to-side. Police officers generally do not have any training in the physiology of the eye and are typically not qualified in court to testify as an expert regarding any eye dysfunctions. Therefore, it is best to politely refuse performing any FST for the officer.

Blood-Alcohol Content

After a person is arrested for DUI, the most common inquiry is what the blood alcohol content ("BAC") level is. In Arizona, if someone is positive for a BAC of .08 or more, they are charged with DUI or DWI. If the BAC level is .15 or more, the charge is Extreme DUI. If the BAC level is .20 or more, the charge is "Super Extreme DUI." A Super Extreme DUI has severe penalties, so it is important to get legal advice as soon as possible.

If your driving has been impaired, you can still be charged with DUI even if your BAC is lower than .08. This is because there is medical literature that argues that a person becomes impaired when they have a blood alcohol level of .05.

Breathalyzers and Blood Tests (Chemical Testing)

Police officers most commonly use a breath-testing machine called the "Breathalyzer" to determine a driver's blood alcohol level. When someone consumes alcohol, it is absorbed into his or her bloodstream. Alcohol is water-soluble; because of this, the vast majority of alcohol is absorbed through the stomach and small intestines. If you have food in your stomach, the absorption rate will slow down. However, once the alcohol reaches the bloodstream, it is quickly distributed throughout the body.

The blood is then pumped into the lungs. After this, the alcohol moves across the alveolar sacs in the lungs. The breathalyzer then attempts to measure the concentration of alcohol present in one's breath. This test is not 100% accurate, and there are several sources for error. Breathalyzers must be properly calibrated, as they are sensitive to the temperature of the surrounding air and of the subject. At times, the machines can give false readings.

Unlike field sobriety tests (FST), it is normally advisable to take the breath test or submit to the blood test, because refusing either test will result in an automatic one-year suspension of your license, even if you win your DUI case and your DUI case is dismissed.

Contact Us

If you have been charged with DUI or DWI, please contact our DUI and DWI Lawyers for a free, personal, and confidential consultation. We offer quality and aggressive defense with affordable attorney's fees. You can contact the Law Offices of Michael Cordova at 602-265-6700.

Our attorneys not only work on DUI and DWI cases but in other criminal defense and DUI areas, as well as Personal Injury, auto accidents, Wrongful Death, dog bites, motorcycle accidents, and product and premises liability, so please contact your local Phoenix attorneys for a free consultation.

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