Arizona DUI Breathalyzer Equipment Fail Occasionally

Dec. 11, 2008 - PRLog -- According to a recent peer review and uncontested studies conducted by (LaBianca, Simpson, Thompson et.al.) Nationwide, breathalyzer equipment fail accuracy tests with a 50% margin of error rate. Breathalyzer equipment has been the generally accepted indicator of measuring Breath alcohol content and widely used by local law enforcement agencies.

Former detective and prosecutor - Attorney Raymond Kimble says “This means a breathalyzer reading of .1% could represent a Blood alcohol content level somewhere between .05% and .15%, hardly precise levels to base irrefutable presumption of Arizona DUI guilt.”

Breathalyzer readings should not be considered as the only evidence of Driving While Intoxicated (or impaired) unless the reading is high enough to overcome the inherent 50 % margin of error. That means a Breathalyzer reading must exceed 0.160 % in the State of Arizona with a 0.08 % DUI threshold to be granted per se status (irrefutable presumption of guilt). Breathalyzer readings above 0.08 % and below 0.160 % should be accorded prima facie status (rebuttable presumption of guilt). Breathalyzer readings below 0.08 % should be accorded no credibility beyond providing probable cause for a Arizona DUI arrest. In no case should breath alcohol content be considered an accurate measurement of Blood alcohol content or the degree of impairment.

Kimble adds “If there is room for such a substantial error rate in breathalyzer equipment, there should be appropriate opportunities for the accused to address those errors in their defense.”

For more information:
Visit www.KimbleLaw.com
Call 480-833-8613

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