Maybe you have seen or have been victims of DUI car accidents. A driver is pulled over in the middle of the intersection of possibly Gilbert, Chandler, Mesa, or Tempe. It is late, maybe near downtown Gilbert and or even Chandler. You see the carnage, the auto accident wreckage. And you see one individual wobbling a straight line while an officer holds a flashlight. The officer on the scene is tending to you and telling you, they are checking the driver for intoxication and their BAC level. What is it you are witnessing? You are watching a drunk driver taking a field sobriety test after he has victimized someone in a car crash.
The first step in a drugged case is assessing the injuries to you, the victim. Then you can determine the degree of alcohol or drugs in the at-fault driver’s system.
If the ambulance does not take the drunk driver, they have to participate in roadside sobriety tests. The officer issued these tests on the spot. Any sign that a person cannot complete them satisfactorily usually results in their arrest warrant. What happens when the driver refuses to participate in roadside tests after becoming a part of suspected DUI? There is no chance that an officer would allow that person to leave the scene, and they are typically immediately arrested. This begs the question then of why would someone who has just been pulled over choose definite arrest over the chance of passing the field sobriety tests?
The injury attorneys at Phoenix Accident and Injury Law Firm in Phoenix have significant experience in helping clients who have been victims of DUI accidents. If you need help filing a claim for one of these awful, life changing accidents, we are here to help you get the compensation you deserve. Our offices are conveniently located in Chandler, Peoria, and North Phoenix, and we can meet in-person or over the phone or video call. You can contact us for a free consultation, or read on to find out more.
By the way, we will also help with other problems that have cost you sleep, like getting a rental car very soon and finding a nearby doctor or psychiatrist who can help get your life back on track. Even the best legal team isn’t good enough if your quality of life isn’t sustainable while justice and compensation are on the way. The whole point of legal action is to regain quality of life, so we help you long-term as attorneys and short-term as your go-to people. Our familiarity with the local Phoenix courts makes us confident that we can help you get the best settlement possible.
If you are unsure whether or not you can afford an attorney, don’t worry. We only get paid when you settle. Check out our Attorney Fees Calculator to find out more.
Roadside Breathalyzer vs. Blood Tests to Measure BAC Level
Arizona is one of the many states in the country that has an implied consent law, which applies to all persons who choose to drive on the state’s roads. According to this law, by the mere act of choosing to drive on an Arizona roadway, a driver consents to undergo a test or tests to measure their BAC level to determine if they have been driving under the influence. The types of tests issued by law enforcement may be of the driver’s blood, breath, urine, or other bodily substance.
This does not mean that a person must submit to a test just because they were the victim, however. The law mandates that a person is only subject to the implied consent law if they are placed under arrest for a violation of the drinking and driving statutes. Once an officer believes that a person is driving under the influence and places the person under arrest, it is at this point where some drivers still refuse to take a roadside breathalyzer test that will allow police to measure their BAC level.
There are some reasons proffered by defense attorneys as to why their clients are reluctant to submit themselves to a breathalyzer and instead choose to have blood drawn. One is that some attorneys believe that breathalyzer tests are unreliable. However, there is an argument that is now being raised by defense attorneys that results from blood tests should also be deemed untrustworthy and not be used to hold their clients accountable for driving while under the influence.
Arizona Laws on DUI Car Accident
Essentially people who choose to drink and then drive are now being told to wait as long as possible before submitting to any type of test. This, of course, means that the test results of someone who was over the legal limit at the time of their arrest may show a much lower BAC level due to the time between arrest and the time of the test.
Individuals who decide that they want to drink and drive should not skirt Arizona’s tough laws against driving under the influence. By attempting to wait out the BAC level test or roadside breathalyzer, they are hoping to drop their alcohol testing.
Does it work? It is hard to tell. Our Phoenix police force certainly doesn’t care for anyone who attempts to skirt the law. As a result, the drunk driving task force van immediately checked those individuals. After that, they performed a breathalyzer and a blood test on the spot.
Get Help Now
At Phoenix Accident and Injury Law Firm near you, we have more than 15 years of experience helping clients obtain compensation for their personal injuries from DUI accidents in the Phoenix area. When you’re ready to talk, please contact our office to arrange a free initial consultation by phone or at our Chandler office, conveniently located near you.
If you have been in a DUI accident, contact Phoenix Accident and Injury Law Firm in nearby Chandler, AZ to speak with an experienced personal injury attorney. We provide personal injury legal services to clients in your area including Chandler, Gilbert, Mesa, Scottsdale, Tempe, and Peoria.