Blood & Breath Tests

In the state of Arizona, it is illegal to drive if your blood alcohol concentration (BAC) is .08% or more. Blood alcohol concentration refers to the amount of alcohol in the bloodstream. When too much alcohol enters the bloodstream, an individual’s level of alertness, reaction time, inhabitations, and physical coordination become significantly impaired. So much so that he/she has a much greater chance of causing a serious or deadly accident.

Breath & Blood Testing in Phoenix

Breath Tests: In order to determine a driver’s BAC by breath, an officer will use a Preliminary Alcohol Screening (PAS) device. These machines work by burning up alcohol, which generates an electrical current that is measured and quantified with a numeric result. However, at best these machines are dubious at providing accurate BAC readings. These devices do not have "slope" detectors, which are designed to guard against mouth alcohol that causes an artificially high reading by detecting a negative slope (or sharp drop-off) in the alcohol level. In addition, they are not specific for alcohol, and are subject to error due to certain types of chemical buildup.

Blood Tests: Blood is drawn from the driver at the police station or in a lab, where it is then analyzed. Blood tests are far more accurate than a breath test, so if you know for certain that your BAC is less than .08% you should opt for a blood test. That being said, because blood tests are more accurate, it is more difficult to contest the accuracy of the results.

Do I have to submit to a breath or blood test?

Although you are not technically required to submit to a breath or blood test, It is strongly advised that you do. If you refuse to take a breath or blood test, but are found guilty in criminal court, at the MVD hearing, or both, you will face much harsher penalties than if you agreed to take the test.

However, it should be noted that you can request an independent breath or blood test. Hiring an independent laboratory to test your BAC will provide you with your own evidence to use in court, instead of relying solely on the results of the breath or blood test administered by the officer. This is not only a smart move, but is also highly advantageous to your defense.

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