Challenging DUI Evidence in Chandler, AZ

Challenging DUI Evidence in Chandler, AZ

If you have been charged with DUI in the state of Arizona, you may be facing penalties of license suspension, fines and surcharges, jail time, mandatory ignition interlock device installation and other penalties. If you are a commercial driver, this conviction could cause you to lose your job, and prevent you from finding employment in this field in the future.

There are many different types of evidence that may be brought forward by the prosecuting agency in order to ensure you are convicted of the crime with which you are charged. Some of the evidence may include breath test results, blood test results, witness statements, audio or video recordings, and other evidence. One of the most common are results from a breathalyzer test; this is a machine that is used to measure your BAC level and determine whether or not it is above the legal limit. There are many variables that can affect the outcome of a breath test and it is important that you consult with a lawyer who is experienced and understands the potential weaknesses inherent in breath testing.

Ways to Combat DUI Evidence

Some of the more common issues and vulnerabilities found in breath evidence include the following:

• The machine was not adequately calibrated

• The machine has a history of malfunction

• Outside chemicals caused a false reading

• You were not given proper instructions for correct breathing patterns

• The police failed to observe you for the 20-minute observation period

• The second test was not within 0.020 alcohol concentration of the first test

These are just some of the many factors that may operate to undermine the validity of breath test results in your case. You should seek out and retain an experienced DUI attorney to assist you in determining which, if any of the potential error sources may be applicable to your case. Any weaknesses identified in the state’s evidence, including potential error points in breath or blood testing can be utilized to undermine that state’s case in chief.

Blood evidence, while considered to be much more reliable than breath evidence, has its own set of vulnerabilities and potential error points. Some of the issues an experienced DUI attorney will look for include:

• Was the blood sample properly stored?

• Who had access to the blood sample?

• Are there any visual signs of contamination of the sample?

• Did the crime lab follow the correct procedures in doing the batch runs of the blood samples?

• Were there any machine malfunctions during the batch run?

• Was the person who ran the test qualified to do so?

These are just a small sampling of the many other potential error points, starting with the phlebotomist’s initial collection of the blood sample from the individual, to the packaging and storing of the blood sample, all the way to the actual testing and analysis of the blood sample at the crime lab. It is important to retain an attorney who is knowledgeable in reading the various documents from the crime lab as many of these documents can appear quite foreign to the un-trained eye. In order to identify any error points which may have occurred in the crime lab blood testing process, your attorney will need to have the experience necessary in understanding how to detect any potential errors.

Mr. Buckallew has over 20 years’ experience in litigating DUI cases and understands the complexities in the science involved in blood and breath based DUI cases. He has the experience in identifying potential weaknesses and error points in the state’s evidence in order to undermine their case, which in many cases can result in a more favorable outcome. If you or a loved one are facing DUI charges in Chandler, do not hesitate to contact this firm for a free case evaluation.