AZ DUI Law – no blood test?
My brother got a DUI on Saturday. They never did a blood test only the breathalizer. Is that legal? Can they legally charge him with a extreme DUI or any DUI at that? He said they never mentioned a blood test. Never asked so he never refused. The first cop's breathalyzer wasn't working so he ca...
My brother got a DUI on Saturday. They never did a blood test only the breathalizer. Is that legal? Can they legally charge him with a extreme DUI or any DUI at that?
He said they never mentioned a blood test. Never asked so he never refused. The first cop's breathalyzer wasn't working so he called back up so he could use the other officers. He said that the police was very nice. He was pulled over for going 58 in a 45. There was no accident or anything. The officer apparently thought he was showing signs of drinking so he did the sobriety tests.
It depends on what type of breathalyzer was used. There are different types of breathalyzers some of which are admissible in court but others, while useful to the officer in determining the level of intoxication, cannot be used as evidence in court. If your brother got charged with an extreme DUI that means his blood alcohol content was over 0.15%. At that point all a blood test would do is give them more evidence to use against him. I’m pretty sure a breathalyzer is enough but I’m not a cop or a lawyer so I could be wrong.
If they did a breathalyzer and arrested your brother for a dui, it was over the legal limit. You brother had a choice at the time of his arrest to request a blood or urine test if he wanted to roll the dice.
By extreme dui do you mean felony? They can legally charge him with a dui with just the breathalyzer, yes. Felony dui usually involves evading arrest, causing an accident, causing an injury to someone.
I don’t know what an extreme DUI is but on a standard DUI no. They need a BT to determine how much alcohol was in his system and to constitute whether it was enough to land him a DUI. Either he refused the blood test, or there was some other complication. Either way, without a BT, he can’t receive a DUI.
He had the option of a breath, urine or blood test. I don’t think he is being honest with you. If his story is true, a lawyer can get the case thrown out.