Category Archives: DUI Law

Medical Marijuana facts in Mesa

Taking a Fresh Look at Medical Marijuana and Driving Facts in Arizona!

Now that medical marijuana has been legal in Mesa for a few years, it is time to take a fresh look at issues pertaining to medical marijuana use and driving. While you cannot be arrested for the use of medical marijuana in Arizona, if you drive under the influence of marijuana, you can very well be charged with a DUI.

So what has changed since medical marijuana has become a thing in Arizona and what do consumers and law enforcement personnel be aware of?

Taking a Fresh Look at Medical Marijuana and Driving Facts in Arizona!

Everything you need to know about the current state of medical marijuana and DUI laws in Arizona.
Mesa, Arizona

 

Here is an updated list of your most common medical marijuana and driving questions and answers:

What is the current state of medical marijuana use across the U.S.?

As of January 2016, 23 states allow the use of medical marijuana, while four more states (Alaska, Colorado, Oregon and Washington) have legalized marijuana for recreational use. In addition, sixteen states are having something in the works to legalize recreational marijuana use.

Law enforcement is facing new challenges.

With the legalization of medical and/or recreational marijuana use it has become necessary to find new ways on how to detect if a driver is impaired or intoxicated from marijuana use. As it is well-known, Mesa police officers are utilizing field sobriety tests and breathalyzers for alcohol detection and to determine if a drunk driving charge is indicated.

While there are no breathalyzers for marijuana use are on the market as of yet, Swedish scientists are working on developing a breathalyzer that can not only detect marijuana, but also drugs such as cocaine, heroine and others.

Currently the only way to tell for sure if a driver is under the influence of marijuana is through a urine or blood test, both of which are often viewed to be excessively intrusive. Plus processing them can take weeks or even months.

Marijuana DUI Penalties in Arizona

Your first Marijuana DUI offense counts as a misdemeanor. If convicted you will facing similar penalties as if you were convicted of drunk driving. Sentences may include but are not limited to the following:

  • 1 to 10 days in jail;
  • Driver’s License suspension of up to 90 days;
  • Mandatory drug screening, education, counseling or treatment;
  • Fines and fees of$1250.00;
  • Probation or Community Service

Your second Marijuana DUI offense is still a misdemeanors. But the penalties are going to be more severe:

  • Minimum 3 months jail, with 30 days consecutive;
  • Driver’s License Revocation for 1 year;
  • $3,000.00 fines, fees, costs, assessments;
  • Mandatory drug education, screening, counseling, or treatment;
  • Probation or community service

Finally, your third offense if it occurs within 7 years of the previous will be charged as an Aggravated DUI (Felony):

  • 4 months in prison for third offense;
  • 8 months in prison for subsequent offense after three;
  • $4,000.00 fines, fees, costs, assessments;
  • Driver’s license revocation for three years;
  • Possible forfeiture of vehicle;
  • Mandatory drug education, counseling or treatment;
  • Parole, probation, and community service

Marijuana Driving Laws Across the U.S:

Medical Marijuana facts in Mesa
Eighteen U.S. states have currently a zero tolerance or non-zero per se for marijuana, nine states have zero tolerance laws for THC or a metabolite(marijuana metabolite can take up to six weeks to clear from your system if you are a heavy user), three more states have zero tolerance for THC but not metabolites while five more have specific limits for THC and Colorado has what is knows as a reasonable interference law for THC.

How do Marijuana and Alcohol Use Stack up on the Road?

A study release by the National Highway Traffic Safety Administration (NHTSA) has determined that driving after marijuana consumption does not make you more likely to crash on Arizona roads. That it some really big news, especially considering that marijuana related DUI offenses are not treated any differently than alcohol related ones. This does not mean that marijuana use doesn’t impact your senses, however,
“In the study, testing positive for marijuana was defined as having delta-9-tetrahydrocannabinal (THC) in the system. The number of legal drug users and illegal drug users involved in crashes was statistically insignificant.” thinkprogress.org

Other Considerations and Need to Know Facts about Medical Marijuana Use and Possession in Arizona

  • While it is legal to use medical marijuana, due to a 2012 revision of the Arizona Medical Marijuana Act known as the “campus-ban statute” it is illegal to be used or be in possession of medical marijuana on college campuses, correctional facilities, school buses, preschools, high schools and public spaces. It is irrelevant whether you have a card or not.
  • if you have a valid medical marijuana card, you can use it legally, even while you are on probation.
  • medical marijuana use is reserved for those in “severe and chronic pain”
  • you are allowed to receive 2.5 oz of medical marijuana every two weeks
  • patients and caregivers are subjected to fingerprinting for law enforcement and sign a statement that they will not distribute marijuana to non-patients.

Clearly medical marijuana DUIs and their implications are still in their infancy. There is lots that still needs to be worked out. For example, is it fair to charge someone with medical marijuana DUI if it takes much longer to leave your body than alcohol? What are the implications of insufficient field testing methods?

If you or a loved one have been charged with a medical marijuana DUI in Mesa or nearby communities, the experienced Mesa DUI attorneys with My AZ lawyers can help you. Contact us today to learn more about our DUI defense strategies and talk to us first-before you talk to the police.

Published By:
My AZ Lawyers

Mesa Location:
1731 West Baseline Rd., Suite #100
Mesa, AZ 85202
Office: (480) 448-9800

Glendale Location:
20325 N 51st Avenue Suite #134, Building 5
Glendale, AZ 85308
Office: (602) 509-0955

Tucson Location:
2 East Congress St., Suite #900-6A
Tucson, AZ 85701
Office: (520) 441-1450

Arizona DUI Rates are Dropping — Does This Mean Stricter Laws are Working?

Arizona DUI Rates are Dropping -- Does This Mean Stricter Laws are Working?

Arizona DUI Rates are Dropping — Does This Mean Stricter Laws are Working?

For the third year in a row, the number of DUI arrests in the state has dropped!
Mesa, Arizona

 

Arizona has a reputation as one of the toughest states on drunk driving offenders. In the last decade, it has passed laws that have made things even tougher on those convicted of DUI, and it seems that those efforts have paid off. For the third year in a row, the number of DUI arrests in the state has dropped.

According to the Arizona Governor’s Office of Highway Safety, there were only 24,674 DUI arrests in 2015, which was down from 29,250 arrests in 2014. In 2013, there were 31,891 DUI arrests, and in 2012, there were 32,174 arrests.

The 2015 numbers were for arrests from Jan. 1 to Dec. 27.

The number of arrests for extreme DUI cases also dropped. (Extreme DUI is the charge for those with a blood-alcohol content of .15 or more, compared with 0.08 for a standard DUI charge.) In 2015, there were 6,742 extreme DUI arrests. That was down from 8,414 arrests in 2014.

Though the number of arrests was down in 2015, the average BAC numbers were up. The average BAC was .158 last year, compared with .152 in 2014.

A look back at some of the recent changes to Arizona DUI laws may explain why the state has seen such a drop in these offenses:

2008 Changes to the Law

2008 was the year that ushered in some of the most recent changes for Arizona DUI laws.

Starting in September, the state could look at previous DUIs going back seven years when determining sentencing. Previously, the state only looked back five years. That made a DUI defense a lot tougher for past offenders.

In addition, changes to the law made it no longer possible for judges to suspend part of the jail sentence for those convicted of extreme DUI or super extreme DUI (the charge for those with a BAC of .20 or more). An exception could not be made for first offenders.

The laws set new mandatory minimums for offenders, as well. Now, those convicted of an extreme DUI had to serve a minimum of 30 days in jail on the first offense and 120 days on the second offense. The mandatory minimum for those convicted of a super extreme DUI was 45 days in jail on the first offense and six months in jail on the second offense.

Other changes in the law included requiring an alcohol screening before a license could be reinstated after a suspension and requiring an ignition interlock device on a vehicle for at least a year after a DUI conviction.

The stakes were much higher with these changes, and working with a Mesa DUI lawyer became even more necessary after these laws were passed.

2012 Changes to the Law

In 2012, Arizona made some more changes to its DUI laws, but this time to make them a little more forgiving.

Primarily, these changes benefited first-time DUI offenders. Under these new laws, those convicted of their first DUI charge only have to spend one day in jail. Offenders can also get credit for time they have already spent in a holding cell or as part of the booking process.

The new laws also made it so that a judge could allow offenders to serve only 20 percent of their time in a jail cell and spend the rest of the time in a home-detention program. Therefore, if an offender was sentenced to 30 days, they would only have to serve six days in jail and could spend the rest of the time in a home-detention program.

The only exception is if a city or county does not have a home-detention program. However, the new laws also gave county sheriffs, city councils, and county boards of supervisors the authority to create these home-detention programs.

New laws also made standard DUI charges ineligible for a jury trial. Some believe that this has denied people the right to a fair trial, but the state argues that it saves money on prosecution of DUI charges.

Other changes with the most recent laws include allowing jail sentences to be shortened if the offender has an ignition interlock device installed in their vehicle. The mandatory time for first-time offenders to have an ignition interlock device installed was shortened to six months from a year. First-time offenders can also take a special education course to reduce the time they have to have the ignition interlock device on their vehicle.

Arizona is one of the only states that requires first-time offenders to have an ignition interlock device on their vehicle. Offenders must pay for the device themselves.

Though the length of time was reduced, the requirement to have these devices has coincided with a reduction in deaths caused by DUI. Overall, Arizona has seen a sharp reduction in the number of DUI cases and injuries and fatalities related to them.

Currently, no further changes to the laws have been announced for 2016.

Wherever you live, being charged with a DUI is very serious and it requires working with a good DUI lawyer to minimize the penalties or have the charges dismissed. However, if you live in Arizona, a good

DUI defense becomes even more important. The state’s strict laws will lead to serious repercussions, even if you are a first-time offender.

My AZ Lawyers has been representing Arizona residents charged with DUI offenses for years. Our experienced Mesa DUI defense team has been practicing throughout the changes made to the DUI laws, and they have been creating strong defense strategies that have helped their clients. Our attorneys know how to build a DUI defense for first-time offenders as well as multiple offenders. They fight to protect clients from the legal penalties, such as jail time and fines, as well as the personal ramifications from the stigma of a DUI conviction. Call us today to find out how a DUI lawyer from our team can help you and to start to plan your DUI defense.

Published By:
My AZ Lawyers

Mesa Location:
1731 West Baseline Rd., Suite #100
Mesa, AZ 85202
Office: (480) 448-9800

Glendale Location:
20325 N 51st Avenue Suite #134, Building 5
Glendale, AZ 85308
Office: (602) 509-0955

Tucson Location:
2 East Congress St., Suite #900-6A
Tucson, AZ 85701
Office: (520) 441-1450

Arizona DUI Rates are Dropping -- Does This Mean Stricter Laws are Working?

For the third year in a row, the number of DUI arrests in the state has dropped!
Mesa, Arizona

 

Arizona has a reputation as one of the toughest states on drunk driving offenders. In the last decade, it has passed laws that have made things even tougher on those convicted of DUI, and it seems that those efforts have paid off. For the third year in a row, the number of DUI arrests in the state has dropped.

According to the Arizona Governor’s Office of Highway Safety, there were only 24,674 DUI arrests in 2015, which was down from 29,250 arrests in 2014. In 2013, there were 31,891 DUI arrests, and in 2012, there were 32,174 arrests.

The 2015 numbers were for arrests from Jan. 1 to Dec. 27.

The number of arrests for extreme DUI cases also dropped. (Extreme DUI is the charge for those with a blood-alcohol content of .15 or more, compared with 0.08 for a standard DUI charge.) In 2015, there were 6,742 extreme DUI arrests. That was down from 8,414 arrests in 2014.

Though the number of arrests was down in 2015, the average BAC numbers were up. The average BAC was .158 last year, compared with .152 in 2014.

A look back at some of the recent changes to Arizona DUI laws may explain why the state has seen such a drop in these offenses:

2008 Changes to the Law

2008 was the year that ushered in some of the most recent changes for Arizona DUI laws.

Starting in September, the state could look at previous DUIs going back seven years when determining sentencing. Previously, the state only looked back five years. That made a DUI defense a lot tougher for past offenders.

In addition, changes to the law made it no longer possible for judges to suspend part of the jail sentence for those convicted of extreme DUI or super extreme DUI (the charge for those with a BAC of .20 or more). An exception could not be made for first offenders.

The laws set new mandatory minimums for offenders, as well. Now, those convicted of an extreme DUI had to serve a minimum of 30 days in jail on the first offense and 120 days on the second offense. The mandatory minimum for those convicted of a super extreme DUI was 45 days in jail on the first offense and six months in jail on the second offense.

Other changes in the law included requiring an alcohol screening before a license could be reinstated after a suspension and requiring an ignition interlock device on a vehicle for at least a year after a DUI conviction.

The stakes were much higher with these changes, and working with a Mesa DUI lawyer became even more necessary after these laws were passed.

2012 Changes to the Law

In 2012, Arizona made some more changes to its DUI laws, but this time to make them a little more forgiving.

Primarily, these changes benefited first-time DUI offenders. Under these new laws, those convicted of their first DUI charge only have to spend one day in jail. Offenders can also get credit for time they have already spent in a holding cell or as part of the booking process.

The new laws also made it so that a judge could allow offenders to serve only 20 percent of their time in a jail cell and spend the rest of the time in a home-detention program. Therefore, if an offender was sentenced to 30 days, they would only have to serve six days in jail and could spend the rest of the time in a home-detention program.

The only exception is if a city or county does not have a home-detention program. However, the new laws also gave county sheriffs, city councils, and county boards of supervisors the authority to create these home-detention programs.

New laws also made standard DUI charges ineligible for a jury trial. Some believe that this has denied people the right to a fair trial, but the state argues that it saves money on prosecution of DUI charges.

Other changes with the most recent laws include allowing jail sentences to be shortened if the offender has an ignition interlock device installed in their vehicle. The mandatory time for first-time offenders to have an ignition interlock device installed was shortened to six months from a year. First-time offenders can also take a special education course to reduce the time they have to have the ignition interlock device on their vehicle.

Arizona is one of the only states that requires first-time offenders to have an ignition interlock device on their vehicle. Offenders must pay for the device themselves.

Though the length of time was reduced, the requirement to have these devices has coincided with a reduction in deaths caused by DUI. Overall, Arizona has seen a sharp reduction in the number of DUI cases and injuries and fatalities related to them.

Currently, no further changes to the laws have been announced for 2016.

Wherever you live, being charged with a DUI is very serious and it requires working with a good DUI lawyer to minimize the penalties or have the charges dismissed. However, if you live in Arizona, a good

DUI defense becomes even more important. The state’s strict laws will lead to serious repercussions, even if you are a first-time offender.

My AZ Lawyers has been representing Arizona residents charged with DUI offenses for years. Our experienced Mesa DUI defense team has been practicing throughout the changes made to the DUI laws, and they have been creating strong defense strategies that have helped their clients. Our attorneys know how to build a DUI defense for first-time offenders as well as multiple offenders. They fight to protect clients from the legal penalties, such as jail time and fines, as well as the personal ramifications from the stigma of a DUI conviction. Call us today to find out how a DUI lawyer from our team can help you and to start to plan your DUI defense.

Published By:
My AZ Lawyers

Mesa Location:
1731 West Baseline Rd., Suite #100
Mesa, AZ 85202
Office: (480) 448-9800

Glendale Location:
20325 N 51st Avenue Suite #134, Building 5
Glendale, AZ 85308
Office: (602) 509-0955

Tucson Location:
2 East Congress St., Suite #900-6A
Tucson, AZ 85701
Office: (520) 441-1450

Arrested for Phoenix DUI Without Displaying Any Signs of Impairment?

Can a Person be Arrested for DUI Without Displaying Any Signs of Impairment?

Yes, a person can be arrested for DUI without displaying any signs of impairment. A person is guilty of DUI if they are driving or in actual physical control of a motor vehicle while impaired by alcohol, drugs or some combination thereof. There is no requirement that the person display any signs of impairment. In fact, years ago a former judge used to give a DUI jury trial instruction which told the jury, “it is not necessary that the signs of intoxication be so obvious that they are actually visible.”

Arrested for Phoenix DUI Without Displaying Any Signs of Impairment?However, if the person does not display any signs of impairment an experienced and skilled DUI lawyer may be able to get the case dismissed. In order to be arrested for DUI a police officer must have probable cause, at the time of the arrest, that someone is in fact guilty of DUI. “Probable cause” requires that the officer possess sufficiently trustworthy facts to believe that a crime has been committed. A DUI lawyer in Phoenix AZ can always file a motion in court alleging that the arresting officer did not have probable cause to arrest the person for DUI.

The judge will then set a hearing on the motion, at which the officer or officers who made the arrest must explain to the judge why they felt they had probable cause to make the arrest for DUI. The experienced defense lawyer can cross-examine the officers to discredit their reasons so that in the absence of any signs of impairment the officers did not have sufficiently trustworthy facts to show the person was DUI. Remember, to show probable cause the officers must show what facts were known to them at the time of arrest, and not afterwards, so any breath or blood tests obtained after the arrest cannot be used to show probable cause.

The experienced lawyer can question how the officers could have sufficiently trustworthy facts that the person was impaired by alcohol or drugs, and therefore DUI, if at the time of the arrest the alcohol or drugs was having no visible effects on the person? If the evidence at the hearing shows that the person did not display signs of impairment the judge may very well say the police did not have sufficiently trustworthy facts of DUI, and therefore no probable cause to arrest the person. If the judge says there was no probable cause to make the arrest then the case gets dismissed.

A person arrested for an Arizona DUI should always get an experienced DUI lawyer to review the case to see if the case can be dismissed because the police had no probable cause.

Guest Blog Published By:

Gordon Thompson, Arizona DUI & Criminal Defense LawyerGordon Thompson Attorney

125 E Coronado Rd #101
Phoenix, AZ 85004

Office: (602) 467-3680
Email: [email protected]
Website: http://gordonthompsonattorney.net

States with top drivers under the influence of drugs

Top States Where Alcohol and Drugs Cause Traffic Fatalities

Top States With DUI Fatalities Drivers who are under the influence are a threat no matter where you live. Drugs and alcohol can impair a driver’s judgment, putting everyone else on the road at risk. Reaction times are slowed, drivers are unable to stay in the right lane, they run stop signs and red lights, and they disregard traffic laws. The results can be catastrophic.

DrugTreatment.com recently released information about the states with the most traffic fatalities caused by drivers under the influence of drugs and alcohol. The publication analyzed 18 years of data between 1995 and 2013, and it found that 26 percent of all fatal accidents involved drugs and alcohol, resulting in 267,598 deaths.

The state with the most fatal accidents involving alcohol was South Dakota. The state had 22 fatal accidents involving a driver under the influence for every 100,000 residents. At least one person was killed in each of those accidents, but sometimes more.

The states filling out the top 10, in order, were Wyoming, Arkansas, Nebraska, Montana, Mississippi, Maine, Kentucky, Louisiana, and West Virginia.

North Dakota had the most fatal car accidents involving drugs — eight for every 100,000 residents. Filling out the top 10, in order, were Wyoming, Montana, West Virginia, Kentucky, Arkansas, Vermont, South Dakota, South Carolina and Alabama.

DrugTreatment.com further broke down the types of accidents according to county. For example, it found that accidents involving marijuana were most prevalent in Hawaii, while accidents involving narcotics were most prevalent in Arizona (specifically, Yavapai County).

Other than this county showing up for the most accidents involving narcotics, Arizona did not land on any of these lists for the highest number of traffic fatalities. However, that doesn’t mean that drivers in the state are safe from these risks.

States with top drivers under the influence of drugs According to the Arizona Department of Transportation, there were 708 fatal crashes in the state last year, out of 109,554 crashes total. Only 238 of those crashes involved alcohol. The other fatal accidents were primarily caused by high speeds or distracted driving. Many fatalities were also attributed to not using a safety belt.

The Auto Insurance Center also put together a list of the top causes for traffic fatalities in each state, and police pursuit was cited as the top cause in Arizona. (Other states who shared this top cause were South Dakota, Texas, Alabama and Georgia.)

Other than moving out of the way when you see an obviously erratic driver, there is not much you can do about other drivers on the road. Even the best defensive driving cannot guarantee your safety.

Any accident involving drugs or alcohol can result in serious injuries. If you are involved in a serious accident, working with the right personal injury lawyer can help you recover the compensation you deserve for your injuries. My AZ Lawyers offers experienced and aggressive Mesa DUI representation to get you results. We’ll pursue the maximum compensation the law allows to ensure that you get the medical care you need and that your family’s financial future is protected. Call us today to discuss your case.

Published By:
My AZ Lawyers

Mesa Location:
1731 West Baseline Rd., Suite #100
Mesa, AZ 85202
Office: (480) 448-9800

Glendale Location:
20325 N 51st Avenue Suite #134, Building 5
Glendale, AZ 85308
Office: (602) 509-0955

Tucson Location:
2 East Congress St., Suite #900-6A
Tucson, AZ 85701
Office: (520) 441-1450

Avondale Location:
12725 W. Indian School Rd., Ste E, #101
Avondale, AZ 85392
Office: (623) 499-4222

What’s your DUI-Q?

How well do you know the Mesa Arizona DUI law? Do you know your rights when being stopped for a DUI or the consequences for a DUI conviction?

Test your IQ regarding Arizona DUI:

IQTrue or False: You have the right to refuse a Mesa field sobriety test if asked to do so by a police officer.
True. Field sobriety tests such as the one-leg stand, finger-to-nose tests, walk-a-straight-line, and other tests are voluntary in Mesa, Arizona.

True or False: Eating food can help you to sober up before you drive home after drinking. False. Eating before drinking may have an effect of the absorption of alcohol in your bloodstream, but eating anything (including breath mints, pennies, or hard candies) will not help your drunkenness/impairedness due to consuming too much alcohol.

True or False: You should answer a police officer if he/she asks if you have been drinking.
False. A Mesa AZ officer is asking you this question because your answer can be used against you as evidence. Your right is to remain silent and observe your right against self-incrimination. Your option instead of answering the question is to decline to answer the question and ask to call your Mesa DUI attorney.

True or False: You can refuse to take a blood test. This depends. If you have been arrested for a DUI and refuse to take the blood test, your driver’s license will be revoked for at least one year. Many times an officer will obtain a warrant in order to test your blood, even if you have declined. Arizona DUI laws are strict and tough; in fact, according to the law, it is implied that any person driving a motor vehicle and arrested for DUI is presumed to have given consent to the law.

True or False: You have the right to consult an attorney before an officer asks you to take a field sobriety test. False. According to Arizona courts, you do not have the right to counsel unless or until you are placed under arrest. You may, however, when asked to perform field sobriety tests to refuse the test and ask to speak with an attorney in Mesa.

True or False: You had one glass of wine. You are pulled over for speeding. You honestly tell the officer you had one glass of wine, as you are responsible and under control. It is possible that you blow over the legal limit if asked to take the breathalyzer test. True. You know you didn’t over indulge enough to possibly be dangerous or even “intoxicated,” but there are some things that can affect the accuracy / results of a breathalyzer test.

True or False: Drinking coffee will help you sober up before you drive your vehicle. False. Caffeine or any other ingredients in coffee will not help your liver metabolize alcohol, therefore not help you be more sober. Drinking coffee, taking a cold shower, or getting fresh air may give you a false sense of being more alert, but it has zero impact on the Blood Alcohol Content in your system.

My AZ Lawyers, PLLC   “AFFORDABLE LEGAL HELP FOR AZ”

Rob Curigliano, Expert CRIMINAL DEFENSE AND DUI attorneys

1731 W. Baseline Road, Suite 100
Mesa, AZ 85202
Office: (480) 833-8000

Driving While Intoxicated, What’s with all the Letters?

DUI Acronyms

DUI AcronymsDUI, DWI, OMVI, OVI… all acronyms that basically name the same offense: operating a vehicle under the influence of alcohol or drugs. DUI is the most commonly used term meaning driving under the influence. “Under the influence” means operating a vehicle after consuming alcohol or drugs— a driver has consumed something that has impaired their ability to operate their vehicle properly.

It is unlawful for a person to be in actual physical control of a vehicle in the state of Arizona while under the influence of intoxicating liquor, drug, or vapor releasing substances that contain toxic substances, or a combination of any of these if it causes the person to be impaired to the slightest degree.

DWI, driving while intoxicated, better known as “drunk driving,” implies that a driver was operating a vehicle after consuming too much alcohol. DUI is a term that is more inclusive, as the driver is impaired due to being under the influence of drugs or alcohol. However, DWI is now referred to as driving while impaired, so the meaning of those letters DWI assumes impairment due to more than just booze.

OMVI, operating a motorized vehicle impaired, also refers to driving under the influence of drugs or alcohol. Some states, however, have now changed OMVI to OVI: Operating a Vehicle Impaired. The change came about in some states where it is a crime to operate almost any “vehicle” while impaired; such as bicycles or horse-drawn carriages.

The state of Arizona defines driving under the influence, or DUI, as driving or operating a vehicle while mentally or physically impaired by any drug, alcohol, or vapor releasing substance. If you have been arrested for DUI in Arizona and need assistance or advice, consult an experienced Arizona DUI attorney.

MY AZ LAWYERS, PLLC     “AFFORDABLE LEGAL HELP FOR AZ” 

Anthony Rameriz and Rob Curgliano  — Expert CRIMINAL DEFENSE and DUI lawyers

 

1731 W. Baseline Road, Suite 101
Mesa, AZ 85202
Office: (480) 833-8000

Can You Fool a Breathalyzer Test?

Do any of these “tricks” actually work??

Just get pulled over and have been drinking? There are lots of myths regarding “sobering up” and “fooling” a breathalyzer test. Before getting behind the wheel, some people believe that if they get some fresh air, drink coffee, or even splash some cold water on their face will help them get sober. The best way to “sober” up is to let time pass as prolonged length of time allows the alcohol in your system to pass.

Can You Fool a Breathalyzer Test?There are some interesting, comical, even bizarre “secret” ways to beat a DUI. A breathalyzer is used by police to determine the blood alcohol content, which is the concentration of alcohol in the blood. There’s a lot of advice , or should we say delusions, out there that tell people what to do if ever in the situation where they have been drinking and pulled over facing a breath test. No doubt under the circumstances, panicked and faced with a possible DUI, people will try anything. Getting a DUI is no laughing matter, but it is ind of funny what people really believe will get them
to pass the breathalyzer test.

Sucking on a penny. Really? Gross. Yes, better than a DUI arrest, but ridiculous. A tic-tac or breath mint. The officer might think you have minty-fresh breath, but it will do no good when you breathe into the machine that will take the deep breaths from your lungs. Eating garlic or an onion. First of all, who carries onions and/or raw garlic with them in the car “in case I need to fool a breathalyzer”? So if fresh breath doesn’t work, why would stinky breath?

I guess if you are going to go against all advice that these don’t work to pass a breath test, then you should probably opt for the good breath? True, eating these strong-scented foods may mask the smell of alcohol on your breath, but it doesn’t mask the amount of alcohol in your system, which is detected by the breathalyzer.

I know desperate times call for desperate measures, but a newspaper article actually reported that a man in the back seat of a patrol car tried to eat his underwear in the hopes that the cotton fabric would absorb the alcohol. A word for the wise…. eating or sucking on your grundies does NOT help your case in determining that you are not under the influence. Nor does it fool any drunk driving tests.

Even if you’ve heard personal testimonies about any of the above working, they don’t. They make for really cool stories, but they do not fake-out a breathalyzer. Don’t you think the Arizona law enforcement officers are aware of all these absurd methods that people try to fool them? Come on! Of course they do!! When you are sucking on a penny as they are asking you for your driver’s license and car registration, they know what’s up. Plus, the breathalyzers that police officers use these days are highly advanced and modern, in addition, police usually wait some time after pulling you over before administering a breath test.

Ever heard of the “Breathalyzer Blitz”? These are mints sold in bars and marketed by a company that claimed these mints would rid the breath of alcohol odors. Does it make any sense that you could sit in a bar and get “over-served” and then suck on a candy so you are “OK” to drive? Obviously a genius marketing strategy to cash in on the fact that if some people are desperate to try eating coins, they would certainly try this.

Some people were even convinced that the something different beverage Zima was the key to fool the test because it left little odor on the breath. But it is still alcohol, people, and despite the fact that you can’t smell it doesn’t mean the alcohol isn’t in your system.

Finally, belching. Belching! No, burping has no effect on breath analysis test results. It’s just rude. The television program Myth Busters aired a segment on what works to beat a breathalyzer test. Nothing worked. Except not drinking. Or not driving after you have been drinking.

Basically, the only way to beat a breathalyzer is to WAIT until the alcohol is out of your system totally. However, if you find yourself facing a breathalyzer or driving under the influence charges, please contact an experienced DUI lawyer or DUI attorney and seek sound advice and guidance.

My AZ Lawyers, PLLC   “AFFORDABLE LEGAL HELP FOR AZ”

Rob Curigliano, Expert CRIMINAL DEFENSE AND DUI attorneys

1731 W. Baseline Road, Suite 100
Mesa, AZ 85202
Office: (480) 833-8000