Alex Lane has defended thousands of clients charged with a DUI. However, there is only one thing in common: each case is unique. No stop is the same; your BAC may match another individual but there may be a difference on your field sobriety results. There may have been an error with the breathalyzer machine; your blood could have been taken incorrectly or maybe your Miranda rights were not read to you. You deserve to have an experienced team of attorneys who know the law, the prosecutor’s side and what it takes to get you the results you need.
There are rules in place for the proper administration of the testing and maintenance of the device. These rules were put in place by the Arizona Department of Health Services. The department must evaluate each machine every 90 days using a Standard Quality Assurance Procedure test. There are experts that review the administration and maintenance on the machine and are available to testify on your behalf should their review conclude that there is an inaccuracy and your breath test results may be inadmissible.
The police often use a portable breath-testing device to measure the quantity of alcohol in a person’s breath. These portable breath tests are not admissible in jury trials. The results of this test are used as a guideline to determine whether or not to arrest the person being investigated.
In order for an officer to pull you over, his request must be supported by reasonable suspicion of criminal activity. If the law enforcement officer lacked a constitutionally valid reason for conducting a traffic stop, all evidence of impaired driving obtained as a result of this stop will be suppressed.
In order to be arrested, an officer must have sufficient reason based upon known facts to believe a crime has been or will be committed, or that certain property is connected with a crime. Probable cause is often subjective, but if the officer’s belief was correct, the evidence may be claimed as proof of probable cause. If there was no probable cause at the time of the arrest, the arrest would then be unconstitutional.
You have the right to speak with an attorney. Under Arizona criminal law, when a suspect requests an attorney, the police must provide the defendant with an opportunity to speak with a lawyer as soon as is reasonably possible. The police are not allowed to unreasonably delay or deny you of this right. If you were denied your right to counsel, you may be able to have your case dismissed or have all evidence obtained after this violation suppressed.
Prior to any questioning initiated by law enforcement, you must be read your Miranda rights. If you were not read your Miranda rights it can be argued that any statements made be inadmissible. Your Miranda rights are: “You have the right to remain silent, any statement made may be used as evidence against you, you have the right to an attorney, if you cannot afford one, one will be appointed to you.”
In addition to our defense team, we frequently call on expert witnesses as a defense:
Was the chief criminalist for the DPS breath testing program, specializing in the area of forensic breath and blood alcohol. He is a DHS/factory certified instructor for the Intoxilyzer 5000 and has trained operators, quality assurance specialists, instructors and analysts. He taught the principles and specifics of retrograde extrapolation to officers, attorneys and other criminalists. Mr. Flaxmayer has obtained three degrees in Chemistry, Botany and Microbiology. He has worked as a criminalist for over fifteen years in the area of alcohol and drug testing and has testifies at trials regarding the effects of alcohol and drugs on the human body. He heads Forensic Alcohol & Technology to provide his services on a statewide basis.
Attended Hartnell Community College in Salinas, CA, earning Associate of Science degrees in math and physics. In 1995, he graduated from the University of California at Davis with a Bachelor of Science in Environmental Toxicology. Mr. Brown was employed as a Criminalist* with the City of Phoenix Police Department., working in the controlled substances (aka drugs) section of the crime lab. Mr. Brown was promoted to Criminalist II, reclassified as a Forensic Scientist III in July 2005. In August of 2005, he accepted a position with the City of Chandler Police Department Forensic Services Unit as a Criminalist I, and was quickly promoted to Criminalist II (the first Criminalist II ever with the City of Chandler).
Mr. Brown is now the owner and member of Forsensics Guy, Inc. as an independent criminalist available for case review and expert witness testimony in DUI and firearms related cases. Forensics Guy, Inc. is an independent forensic firearms (ballistics) and forensic alcohol (DUI) laboratory. With 14 years of professional scientific testing experience, Forensics Guy, Inc. can help you with your forensic science needs.
The Law Offices of Alex Lane also retains Michael Grommes and Mark Stoltman for expert testimony.
The State must establish that you were driving or in actual physical control of a motor vehicle while impaired by alcohol or drug consumption with a BAC of .08% (0.04 % for commercial vehicle drivers) or more within 2 hours of driving. There are several factors to include when the state attempts to meet their burden of proof, such as: whether or not the vehicle was running or the ignition was on at the time of contact, if the defendant was awake or asleep, whether the vehicles headlights were on, where the vehicle was stopped, the weather conditions, whether the heat or air conditioning was on; whether or not there are any witness who observed you driving, and all other explanations of circumstances.
You have a right to collect independent scientific evidence of your BAC, under the Fourteenth Amendment of the United States Constitution. The State can not unreasonably interfere with our request and/or efforts to obtain an independent test.
There is a procedure to collecting, storing and analyzing of blood tests. The blood must be drawn by a certified officer or personnel. There are several instances that might take place, effecting your blood test such as: a contaminated swab, use of a recalled NIK blood kit, whether or not you were given an IV or any medication, and more.
In addition, if your blood was drawn for medical reasons and the results were drawn from the plasma as the whole blood is usually removed. This leaves behind ETOH, which was originally in both the plasma and the whole blood, however; it now only in the plasma; a much smaller volume. This may cause the test to be 20%- 30% higher than a test taken from the whole blood.
The Intoxilyzer machine used has an acknowledged plus or minus 10% of margin of error. Therefore, there is a 20% range of error on this machine, which could be enough to have your BAC be under the legal limit, or less than what you were cited for.
In some cases, a person’s physical condition or exposure to certain medications can affect the accuracy of field sobriety and breath/blood tests.
The National Highway Traffic Safety Administration has established guidelines regarding the administration of field sobriety tests. According to these guidelines, the tests should not be given to anyone who (a) is 50 pounds or more overweight; (b) 60 years of age or older, (c) has any back, hip, knee, leg, or ankle injuries, (d) has any disability effecting balance or (e) is wearing shoes with heels two inches or higher.
If you have been charged with a DUI, drug charge, sex crime or any serious criminal offense, let an experienced defense team fight for you. Schedule a consultation with one of our partners today. Call (480) 562-3482 or send an email.