Click Here for Free Consultation

DUI Attorney in Phoenix: Strategies for Disputing the Results of Alcohol Tests

Ask any DUI attorney in Phoenix. All too often, the methods at which they base alcohol tests simply are not scientific. Considering that a breathalyzer is the biggest thing to determine guilt or innocence in a DUI case, it is critical that the information they reveal be 100% correct and dependable in the eyes of a jury. Not only must the science be reliable, but so should the standards of those who conduct it. Many of these lab technicians have a “convict at all costs” mentality, often falsifying results in an effort to sway the jury against the client of a DUI attorney in Phoenix.

The Dangers of Inaccurate Alcohol Testing

Evidence presented as scientifically accurate is most often taken by a jury to be irrefutable. In many cases, scientific evidence outweighs witness credibility, police statements, and other forms of evidence. Once a jury accepts something as a fact, it is hard for the defense to sway them otherwise. When scientific testing loses its accuracy, it loses its courtroom validation. Alcohol tests need to be 100% reliable because of the importance a jury will place on deciding the case. The very fate of suspect may come down to the accuracy of the lab testing.

Simulator and Breath Testing Solutions

Breath testing machines utilize infrared spectroscopy- an infrared beam of known intensity that passes through a sample of the individual’s breath. Any possible alcohol is then absorbed at specific wave lengths. A detector analyzes the beam after the breath sample and compares its final intensity with the level it started out with. If done correctly, the decrease in intensity at “ethanol wavelengths” makes it possible to quantify BAC, though the results still have a small degree of uncertainty that might be contended by a DUI attorney in Phoenix.

The result of any measurement is only an approximation of the quantity actually being measured. When the true value is needed, bias becomes problematic and can give a DUI attorney in Phoenix something to work with in planning a defense. A result is only complete when the bias of an instrument has been determined and the results thereby corrected for that bias. If the prosecution fails to correct for bias, a the defense can more readily challenge the evidence as 100% reliable.

Forensic scientists must know the relevant information as they affect the computations before the trial and must disclose this to both the prosecution and the DUI attorney in Phoenix prior to the trial.

A reference material that includes a substance whose properties are sufficiently well known is calibrated through the machine and tested for accuracy. These known traceable standards are called stimulator solutions. Simulators provide crucial safeguards for accurate breath test results. Challenging the accuracy of a simulator may be another strategy a DUI attorney in Phoenix might use to insert doubt against the prosecution’s arguments.

A DUI attorney in Phoenix does his or her client a great service by seriously examining how samples were collected and how the test was performed. If contaminants, incorrect sample sizes, or inaccurate bias are not taken into account, the prosecution has serious holes it its evidence that can be exploited. By inserting doubt in the core evidence, your client can most likely avoid a guilty conviction.

About the Author
David Michael Cantor is an AV rated (the highest possible rating) lawyer and a Certified Criminal Law Specialist per the Arizona Board of Legal Specialization. For more information about an Phoenix DUI Attorney, visit our site.

Request a Free Consultation

Fill out the form below to receive a free and confidential initial consultation.

Click here for important legal disclaimer.

    CURRENT/PAST ASSOCIATIONS & AWARDS


    10.0 Superb Rating AVVO Criminal Defense

    10.0 Superb Rating
    AVVO Criminal Defense

    AV-Highest Rated Preeminent Lawyers Martindale-Hubbell

    AV-Highest Rated Preeminent Lawyers
    Martindale-Hubbell


    Life Member
    National Association of Criminal Defense Lawyers

    Super Lawyer Criminal & DUI Defense

    Super Lawyer
    Criminal & DUI Defense


    Member
    National College for DUI Defense

    Ranking Arizona

    Voted #1 (2020)
    Ranking Arizona

    Nation's Top 1% Attorney National Association of Distinguished Counsel

    Top 1% Attorney
    National Association of Distinguished Counsel

    Top 100 Trial Lawyers (Criminal Defense) American Trial Lawyers Association

    Top 100 Trial Lawyers
    (Criminal Defense)

    American Trial Lawyers Association

    Top 10 DUI/DWI Law Firm American Institute of DUI / DWI Attorneys

    Top 10 DUI/DWI Law Firm
    American Institute of DUI / DWI Attorneys

    Client Satisfaction Award American Institute of DUI / DWI Attorneys

    Client Satisfaction Award
    American Institute of DUI / DWI Attorneys

    Top 100 Lawyer American Society of Legal Advocates

    Top 100 Lawyer
    American Society of Legal Advocates

    Top 10 Attorney National Academy of Criminal Defense Attorneys

    Top 10 Attorney
    National Academy of Criminal Defense Attorneys

    Charter Member Trial Masters

    Charter Member
    Trial Masters

    Member DUI Defense Lawyers Association

    Member
    DUI Defense Lawyers Association

    Lifetime Charter Member Best Attorneys of America

    Lifetime Member
    Best Attorneys of America

    Member American Bar Foundation

    Member
    American Bar Foundation

    Sustaining Member Arizona Trial Lawyers Association

    Sustaining Member
    Arizona Trial Lawyers Association

    America's Top 100 Criminal Defense Attorneys

    Member
    America's Top 100 Criminal Defense Attorneys

    Member American Association for Justice

    Member
    American Association for Justice

    Life Member Arizona Attorneys for Criminal Justice

    Life Member
    Arizona Attorneys for Criminal Justice

    Superior DUI Attorney National Advocacy for DUI Defense

    Superior DUI Attorney
    National Advocacy for DUI Defense

    Superior DUI Attorney National Advocacy for DUI Defense

    2019 Litigator of the Year
    (Criminal Law)

    American Institute of Trial Lawyers

    Member Since 1989 American Bar Association

    Member Since 1989
    American Bar Association

    DUI Expertise

    Best DUI Lawyers in Phoenix
    Expertise

    DM Cantor

    Call 24/7 602-307-0808

    40 N Central Ave, Ste 2300
    Phoenix, AZ 85004
    Click here for Directions

    For Family Law questions please go to Cantor Law Group.

    "We Outwork the Other Guys™"

    Call Now Button