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Phoenix DUI Lawyer: Breath and Blood Test Evidence

Defense Attorney for DUI Charges in Phoenix, AZ

Arizona is an 'implied consent' state, which means if you drive on the state roadways, you agree to submit to chemical testing. An officer has a right to request a sample of your blood, urine or breath to determine your blood alcohol content (BAC) if there is reasonable suspicion that your ability to drive is impaired. If you have been arrested for DUI, or have refused to submit to a chemical test you will need an attorney who can take a hard line when it comes to protecting your rights.

Joshua S. Davidson, a former Arizona prosecutor, is an aggressive Phoenix criminal defense attorney who can apply his experience prosecuting DUI charges to defending your rights. Call today (602) 493-3600 for a consultation!

Chemical Test Refusals in Phoenix: The Defense

Refusing to take a chemical test will result in a suspension of your driver's license for 1 year for a first chemical test refusal. You will have 15 days to request a hearing, at which time the facts of the police stop could be challenged. If you have had to surrender your license for refusing the chemical test, your right to drive for at least 12 months is in jeopardy. The arresting officer will be testifying on the facts of your case, and responding to questions about what was observed that lead to you being pulled over. Having a veteran criminal defense attorney represent you at this hearing is your best chance at avoiding the automatic suspension or your driver's license.

Chemical tests must be administered within two hours of the time you were stopped. The reason for being stopped must be consistent with Arizona law and your constitutional rights. The person administering the test must be properly trained and certified in the procedure for taking the sample, storing and correctly identifying it. The equipment used to measure the sample must be maintained according to the manufacturer's instructions. There are many facets to a DUI arrest, the blood, breath and urine tests and the facts surrounding a refusal to take the test. Prosecutors will use the refusal against you to imply that you knew you were impaired and therefore refused. This is one very good reason to have a highly qualified and experienced DUI defense attorney defending you.

Contact the Law Offices of Joshua S. Davidson, PLC today to request your consultation. He is a respected and forceful attorney defending his clients on many types of criminal charges.

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