Understanding DUI Blood Tests and DUI Arrest in Arizona

Between 2015 and 2019, Arizona recorded between 26,082 and 27,799 DUI arrests each year. A key component of these arrests is the DUI blood test, which is essential for determining if a driver is under the influence of alcohol or drugs. This test measures the blood alcohol content (BAC) and can also detect drugs in the system.

If you’ve been arrested for DUI in Arizona, it’s crucial to understand how blood tests function and your rights regarding them.

Read this article for a comprehensive guide and explanation of DUI blood tests. This article will cover everything from how they are administered, what substances they test for, and how you can contest the results if necessary, giving you the confidence to navigate this complex process.

What Do DUI Blood Tests Test For

In Arizona, the legal limit for BAC is set at 0.08%. Blood tests for DUI purposes are specifically crafted to identify the presence of alcohol in an individual’s system. These tests are capable of measuring the blood alcohol concentration, which indicates the percentage of alcohol in the bloodstream.

You might be wondering, do DUI blood tests check for drugs? The answer is yes.

DUI blood tests can check for drugs in the system. They will detect the existence of illegal drugs, other substances, and even prescription medications that can impair driving. The tests can also detect the amount of drugs present in the system, which can be used to determine the level of impairment.

How DUI Blood Tests Work

If you get pulled over for DUI in Arizona, the police officer will usually require you to take a portable breath test on-scene. If you are arrested, the officer may ask you to undergo a breath and blood test at the station or in a DUI van. Both tests are used to measure your Blood Alcohol Content (BAC), which is crucial evidence for the prosecution to demonstrate that you were impaired by alcohol.

Police officers use portable breath testing devices to measure alcohol levels in suspected drunk drivers. However, these handheld units are not very reliable and are not admissible in court. Blood tests, on the other hand, are considered much more accurate for determining the actual amount of alcohol in a driver’s bloodstream.

At the station, the police will ask if you are willing to take a blood or breath test. They also have the authority to require you to take both tests if deemed necessary.

Different BAC Levels and Their Consequences

1. Standard DUI: A Blood Alcohol Content (BAC) of 0.08% or higher is considered over the legal limit for drivers aged 21 and over. It means you can be charged with a DUI if your BAC reaches or exceeds this level, irrespective of how sober you may feel.
2. Extreme DUI: A BAC of 0.15% to 0.199% falls under the extreme DUI category, which carries more severe penalties.
3. Super Extreme DUI: If your BAC is 0.20% or higher, it is classified as super extreme DUI, leading to even harsher consequences.
4. Underage DUI: Arizona has a zero-tolerance policy for drivers under 21. Any detectable BAC (0.01% or higher) can result in a DUI charge.

Can You Refuse a Blood Test for DUI?

Many individuals fear needles and refuse blood tests. It is understandable. While Arizona state provides you with the right to refuse a blood test when pulled over for a DUI, exercising this right can result in serious consequences.

If you refuse the test, law enforcement can obtain a warrant to forcibly collect a blood sample from you. Moreover, refusal to submit to a blood test triggers automatic penalties, including the suspension of your driver’s license for one year.

Refusing a blood test can be interpreted as an attempt to avoid evidence collection, which may negatively impact a driver’s case. While you can legally refuse, the repercussions are significant and can complicate your legal situation further.

What Are Your Other Rights Regarding DUI Blood Testing in Arizona

1. Right to Legal Counsel: You have the right to contact a reliable DUI attorney before deciding whether to submit to a blood test. It can help you understand the implications of your choice and receive legal advice.
2. Right to Implied Consent Warning: The officer must inform you of the consequences of refusing the blood test. It includes the potential suspension of your driver’s license and the possibility of a forced blood draw with a warrant.
3. Right to Independent Testing: After submitting to a police-administered blood test, you have the right to request an independent test by a medical professional of your choice at your own expense. It can be used to challenge the results of the police test.
4. Right to Contest Results: You have the right to challenge the validity and accuracy of the blood test results in court. It can involve questioning the procedures used, the handling of the sample, and the qualifications of the personnel involved.
5. Right to Due Process: If your license is suspended for refusing the test, you have the right to request a hearing to contest the suspension and present evidence in your defense.

How Long Do DUI Blood Test Results Take and How Do I Get My DUI Blood Test Results?

The time it takes to receive DUI blood test results can vary significantly based on several factors, including the laboratory’s workload and the specific nature of the test being conducted. Generally, the results are available within a few days to a week after the sample is collected. However, this timeline can be extended in certain situations.

For instance, if the test requires more complex analysis, such as distinguishing between different substances in the blood, it may take longer to process. Additionally, any issues with the sample, such as contamination or insufficient quantity, can further delay the results. High case volumes or backlogs in some jurisdictions in the testing facility can also contribute to longer waiting periods. In extreme cases, the results might take several weeks to be finalized and communicated.

What Happens When Alcohol or Drugs Are Discovered on DUI Blood Test

If a DUI blood test indicates the presence of alcohol or drugs in your system, these findings become critical evidence in a DUI case, resulting in a substantial effect on the DUI charges you face.

Here is a detailed explanation of what happens and the potential consequences.

Consequences of Positive Test Results

1. Legal Consequences:

   • You will be formally charged with Driving Under the Influence (DUI).
   • Penalties can include substantial fines, incarceration, and mandatory participation in alcohol or drug education programs.
   • Penalties can escalate depending on the severity and whether it is a first or repeat offense, including longer jail time and higher fines.
   • Community service and probation may also be required.

2. Administrative Penalties:

   • The Arizona Department of Transportation (ADOT) can impose an immediate administrative suspension or revocation of your driver’s license.
   • The length of suspension varies, often ranging from a few months to several years, based on the test results and your prior driving record.
   • Once your license is reinstated, you may be required to install an ignition interlock device (IID) on your vehicle.

3. Impact on Insurance:

   • Increased Premiums: A DUI conviction typically significantly increases your auto insurance premiums due to being classified as a high-risk driver.
   • Policy Cancellation: Some insurance companies may choose to cancel your policy altogether, necessitating the search for a new provider, often at a much higher cost.
   • SR-22 Filing: You may be required to file an SR-22 form, a certificate of financial responsibility, which serves as proof of insurance for high-risk drivers.

4. Additional Consequences:

   • Employment Impact
     • A DUI conviction can affect your current job, especially if driving is a key component of your employment.
     • Future employment opportunities may also be limited, as many employers conduct background checks.
   • Travel Restrictions: Some countries may deny entry to individuals with DUI convictions, affecting your ability to travel internationally.
   • Reputation and Personal Relationships: The social stigma associated with a DUI conviction can impact your personal and professional relationships.

Understanding the full scope of these consequences emphasizes the importance of legal representation and the need to explore all possible defenses in a DUI case.

Challenging DUI Blood Test Results

If you have been arrested for DUI in Arizona and your blood test results are unfavorable, you may be able to challenge the validity of the results.

A dependable DUI attorney can help you in identifying potential errors or mishandling of blood samples, such as:

1. Flaws in the Blood Kit: Expiration and Storage

Blood testing kits have expiration dates and must be stored under specific conditions. If the kit is expired or not stored properly, the accuracy of the test results can be compromised. An outdated or mishandled kit can lead to unreliable readings.

Obtain records of the kit’s expiration date and storage conditions. If discrepancies are found, present this evidence in court to argue that the results are unreliable.

2. Improper Labeling: Identification Issues

Proper labeling of blood sample vials is crucial. If the vials were not labeled correctly, it raised doubts about the sample’s ownership. It can create a reasonable doubt as to whether the tested blood actually belongs to the accused.

Review the labeling procedures and documentation. Highlight any inconsistencies or errors that raise questions about the validity of the sample attribution.

3. Contamination: Collection and Storage

Blood samples must be collected and stored in sterile conditions to avoid contamination. Contaminants can enter the sample during the collection process or while in storage, leading to false positives or inaccurate results. For instance, improper cleaning of the skin before the needle is inserted can introduce foreign substances.

Investigate the collection and storage process for potential contamination points. If contamination is plausible, use expert testimony to explain how it could affect the results.

4. Unqualified Personnel: Qualifications and Training

The individual drawing the blood must be properly trained and certified. If an unqualified person collects the sample, the process may not meet legal and medical standards, thereby compromising the integrity of the results.

Verify the credentials and training of the person who drew the blood. If they lack proper qualifications, this can be a significant factor in challenging the results.

5. Improper Preservation: Storage Conditions

DUI blood test samples need to be stored at specific temperatures and conditions to preserve their integrity. If not preserved correctly, the chemical composition of the blood can change, leading to inaccurate results. For example, blood samples stored for longer periods may degrade, affecting the reliability of the blood alcohol content (BAC) measurement.

Obtain and review the storage logs and temperature records. Any deviations from standard preservation protocols can be used to dispute the results.

6. Chain of Custody: Documentation and Handling

Maintaining a documented chain of custody is critical to ensure the sample has not been tampered with or switched. Gaps or irregularities in this chain can cast doubt on the sample’s authenticity and reliability. Each handler of the sample must be accounted for, from collection to analysis.

Scrutinize the chain of custody records for any gaps or inconsistencies. Present these findings to argue that the sample may have been compromised.

Police Misconduct: Procedural Adherence:

Law enforcement officers must follow strict procedures when administering and handling blood tests. Any deviation from these protocols, such as improper administration of the test or mishandling of the sample, can be grounds for challenging the evidence.

For instance, if the officer did not follow legal procedures for obtaining consent or a warrant for the blood draw, the results may be inadmissible.

Examine the police procedures followed during the test administration. Identify any procedural errors or deviations and use this information to challenge the test’s validity.

The Importance of a DUI Attorney When Challenging DUI Blood Test Results

When challenging DUI blood test results, the importance of a DUI attorney cannot be overstated. A skilled DUI attorney plays a crucial role in ensuring that the legal process is fair and that the evidence presented is accurate and reliable. Here are some key reasons why a DUI attorney is essential when challenging DUI blood test results.

• Expertise in DUI Law – A DUI attorney possesses deep knowledge of DUI laws and blood test requirements. They can spot flaws in the testing process and craft strategies to challenge the results effectively.
• Understanding Blood Test Procedures – DUI attorneys are well-versed in the correct procedures for handling, storing, and analyzing blood samples. They can detect any procedural errors that might affect test accuracy.
• Developing Effective Strategies – A DUI attorney can develop effective strategies to challenge the blood test results, including:
  • Requesting additional testing: If the police did not provide a second sample for independent testing, the attorney can request additional testing to verify the results.
  • Highlighting discrepancies: If there are discrepancies between the police lab results and independent testing, the attorney can use these discrepancies to challenge the accuracy of the results.
  • Challenging the chain of custody: If there are gaps in the chain of custody, the attorney can argue that the evidence is unreliable and should be suppressed.
• Protecting Constitutional Rights: A DUI attorney safeguards the accused’s constitutional rights, ensuring a fair trial and preventing self-incrimination. They challenge any infringements during the blood test process.
• Effective Communication: DUI attorneys adeptly communicate with all parties involved, ensuring fairness and accurate evidence presentation. They negotiate favorable plea bargains and proceed to trial if needed.

Consult An Expert DUI Attorney For Your DUI Case

A legal attorney is essential in cases involving DUI blood tests. The intricacies of DUI laws, along with the technical aspects of blood test evidence, require the expertise of a knowledgeable legal professional. 

An experienced DUI attorney can challenge the validity of blood test results on various grounds, such as improper handling, contamination, or procedural errors. These challenges can significantly affect the outcome of a case, potentially leading to reduced charges or even dismissal. If you or someone you know is facing a DUI charge, it is crucial to seek legal representation immediately.

Don’t navigate this challenging time alone; contact Alcock Law & Associates today to schedule a consultation and begin building a strong DUI defense.