Challenging Breathalyzer Results in Phoenix DUI Cases

A DUI arrest in Arizona can feel overwhelming. You might feel anxious, uncertain, and overwhelmed by what lies ahead. Arizona has some of the harshest DUI penalties in the country. Jail time, fines, a suspended license, and a permanent mark on your record are all serious possibilities. And for many people, the turning point in their case is a breathalyzer result.

Most assume that if the machine says you're over the limit, that’s the end of the story. But it’s not. Breathalyzer results may seem bulletproof, but they’re not perfect. The truth is, these machines can be wrong. Whether due to improper calibration, operator error, or even your medical condition, there are many reasons a BAC reading might not be reliable. These issues can create doubt and open the door to a strong legal defense.

At Pajerski Law in Phoenix, we understand how to find and expose those flaws. Attorney Chad Pajerski, a Board-Certified Criminal Defense Specialist, has spent his career challenging flawed police procedures and questionable test results. With nearly 100 jury trials under his belt and a commitment to keeping his caseload small, Chad gives each client the attention and strategy their case deserves. If you're facing a DUI, you're not out of options. This is where your defense begins.

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Understanding Breathalyzer Tests in Arizona

When a driver is suspected of DUI in Arizona, one of the first tools law enforcement relies on is a breathalyzer test. These devices estimate a person's blood alcohol concentration, or BAC, based on the amount of alcohol in their breath. Officers often use breath tests as key evidence when deciding whether to make an arrest and when prosecutors are building a case in court.

There are two main types of breath tests used in DUI investigations:

1. Portable breath test (PBT): Administered at the roadside, usually during a traffic stop. This device helps establish probable cause but is typically not admissible in court.
2. Station-based breathalyzer machines: Devices such as the Intoxilyzer 8000 or Intoxilyzer 9000 are used at police stations. These tests are more reliable, and their results are often submitted as formal evidence.

Arizona’s legal BAC limits include:

• 0.08% for most adult drivers
• 0.04% for commercial vehicle drivers
• 0.00% for drivers under the age of 21, under the state's zero-tolerance policy

Understanding how these devices work and what the law allows is the first step in identifying possible errors that could be used in your defense.

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Why Breathalyzer Results Can Be Inaccurate

Although breathalyzer tests are commonly used in DUI cases, they are not always accurate. Many people assume the number shown on the machine is final and unquestionable. In reality, several factors can affect the reliability of a breath test, and these issues can become critical points in your defense.

Common reasons breathalyzer results may be inaccurate include:

• Calibration and maintenance problems: Breathalyzer machines must be regularly maintained and properly calibrated. If the device has not been serviced according to the required schedule, the results may be unreliable.
• Operator error: Officers must be trained and certified to administer breath tests. If they skip steps, fail to follow proper procedures, or lack the required credentials, the test results may be called into question.
• Medical conditions or diet: Certain health conditions, such as acid reflux (GERD) or diabetes, can interfere with breath test accuracy. Diets that put the body into a state of ketosis may also produce chemicals that mimic alcohol on the breath.
• Environmental factors: Substances like mouthwash or breath fresheners that contain alcohol can cause false readings. Temperature, radio interference, or other external conditions may also affect the test.

Understanding these possible errors is essential. If any of these issues apply to your case, an experienced DUI attorney can work to challenge the accuracy of the breathalyzer results in court.

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Common Legal Grounds for Challenging Breathalyzer Results

Just because a breathalyzer test shows a high blood alcohol concentration does not mean the results are legally valid. There are several legal defenses that an experienced DUI attorney can use to challenge the accuracy or admissibility of breath test results in court. If law enforcement failed to follow proper procedures or violated your rights at any point during the stop or testing process, those errors could be used to strengthen your defense.

Here are some of the most common legal grounds for challenging breathalyzer results:

1. Improper administration of the test: Breath tests must be administered according to specific protocols. If the officer did not follow those steps exactly, the results may be thrown out.
2. Failure to observe the 15-minute waiting period: Arizona law requires that the officer observe you for at least 15 minutes before administering a breath test. This is to ensure that no alcohol or other substances interfere with the reading. If this requirement was skipped or shortened, the results may be unreliable.
3. Unqualified or untrained officer: Only officers who are appropriately trained and certified are allowed to administer breathalyzer tests. If the officer lacked proper training or credentials, the evidence may not be admissible.
4. Malfunctioning or uncalibrated device: Breathalyzer machines must be regularly tested and maintained. If the device used in your case was overdue for calibration or had a history of malfunctions, its results can be challenged.
5. Violation of your constitutional rights: If the initial stop was unlawful, if you were tested without probable cause, or if you were denied your right to counsel, any evidence gathered—including breath test results—may be excluded from your case.

Challenging the breathalyzer results is not about finding a loophole. It is about making sure your rights are respected and that the evidence against you is accurate and fair.

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How a DUI Attorney Can Help

Challenging breathalyzer results is a complex process that requires legal knowledge, strategic thinking, and attention to detail. A skilled DUI attorney understands the science behind breath testing and knows how to identify weaknesses in the prosecution's case. If you are facing DUI charges, having the right lawyer on your side can make a significant difference in the outcome.

Here are some of the key ways a DUI attorney can help:

• Reviewing police reports and breath test records: Your attorney will examine every detail of your arrest, including the officer’s report and the results of any breath tests, to identify inconsistencies or procedural errors.
• Requesting maintenance and calibration records: Attorneys can subpoena the breathalyzer’s maintenance logs to determine if the device was calibrated correctly and functioning at the time of your test.
• Consulting expert witnesses: In some cases, a defense may include testimony from a toxicologist or breath test expert who can explain how the results may have been flawed or misleading.
• Filing motions to suppress evidence: If there is a strong legal reason, your attorney may ask the court to exclude the breath test results from evidence entirely. This can significantly weaken the prosecution's case.
• Building a tailored defense strategy: Every DUI case is different. An experienced attorney will take the time to understand your specific circumstances and craft a defense that focuses on the strongest aspects of your case.

When your future is at stake, guessing your way through a DUI charge is not an option. A qualified DUI attorney can guide you through the process, protect your rights, and fight for the best possible outcome.

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Arizona DUI Penalties If You Don’t Fight the Results

If you choose not to challenge the breathalyzer results in your DUI case, the consequences can be severe. Arizona has some of the toughest DUI laws in the country, and even a first-time offense can carry life-altering penalties. These consequences can affect your freedom, your finances, and your future.

For a first-time DUI conviction in Arizona, you may face:

• Jail time starting at a minimum of 10 days, with the possibility of more depending on the case
• Fines and fees that can quickly add up to thousands of dollars
• License suspension for up to 90 days or longer
• Mandatory alcohol education classes
• Ignition interlock device installation in your vehicle
• A criminal record that can affect employment, housing, and insurance rates

Penalties become even more severe in cases involving:

• A BAC of 0.15 percent or higher, which qualifies as an extreme DUI
• Repeat DUI offenses, especially within a seven-year period
• Accidents involving injury or property damage
• Driving with a suspended or revoked license

Choosing to fight the results with the help of a skilled DUI attorney can lead to reduced charges, minimized penalties, or, in some cases, a complete dismissal. The key is acting quickly and building a strong defense that challenges the accuracy of the breathalyzer and the legality of the traffic stop.

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What to Do if You Believe Your Breathalyzer Test Was Wrong

If you believe the breathalyzer test in your DUI case produced an inaccurate result, it is vital to act quickly. Many people assume they are automatically guilty just because the machine showed a high number, but that is not always the case. Breath tests are not perfect, and errors happen more often than most people realize.

Here are the steps you should take if you suspect the breathalyzer reading was wrong:

• Do not admit guilt based solely on the test result. The number shown on the machine is not the final word in your case. There may be scientific or legal reasons the result should not be trusted.
• Preserve any personal evidence. If you have receipts, photos, witness statements, or anything else that could support your version of events, keep that information safe. It may become useful during your defense.
• Speak with a DUI attorney as soon as possible. Time is critical in a DUI case. An experienced attorney can begin investigating immediately, request the necessary records, and protect your rights from the start.

The sooner you take action, the more options you may have. Challenging a faulty breath test can make the difference between a conviction and a successful defense.

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Why Choose Pajerski Law for DUI Defense in Phoenix

When you're arrested for DUI in Phoenix, the consequences can affect every part of your life. You need more than a general criminal defense attorney. You need someone who understands the science behind DUI charges, knows how to challenge breathalyzer evidence, and has a strong record of success in the courtroom. Pajerski Law delivers all of that and more.

Here’s why clients choose Pajerski Law to defend against DUI charges:

1. Board-Certified Criminal Defense Specialist: Chad Pajerski has earned certification from the State Bar of Arizona, which means he has been recognized for his advanced knowledge and skill in criminal law. This distinction is held by only a small number of attorneys in Maricopa County and reflects a commitment to the highest legal standards.
2. Nearly 100 jury trials and hundreds of bench trials completed: Mr. Pajerski brings extensive trial experience to every case. Whether your case is resolved through negotiation or goes all the way to trial, you will be represented by an attorney confident, prepared, and highly experienced in front of a judge and jury.
3. Proven success in challenging breathalyzer results and police procedures: Pajerski Law focuses heavily on DUI defense and knows how to find weaknesses in breath test evidence. From questioning calibration records to exposing procedural violations, the firm has helped many clients get charges reduced or dismissed.
4. Low caseload model to ensure personalized service: Unlike high-volume law firms that take on every case that comes through the door, Pajerski Law limits the number of clients served at any one time. This allows for more time and attention to be dedicated to your case.
5. Direct access to your attorney throughout your case: You won’t be handed off to an assistant or junior lawyer. From your first consultation to the final resolution of your case, you will work directly with Chad Pajerski.
6. No junior attorneys or associates managing your file: Every part of your defense is handled by Mr. Pajerski himself. This level of involvement means your case gets the expertise it deserves from start to finish.
7. Strategic approach tailored to each client’s circumstances: No two DUI cases are alike. Pajerski Law takes the time to learn about your background, the facts of your arrest, and any personal or legal issues that could impact your defense strategy.
8. Clear communication and responsive support from start to finish: Clients are kept informed at every stage of the process. If you have questions or concerns, you can count on timely answers and honest advice.
9. Free consultations to discuss your case and legal options: There is no cost to speak with the firm about your situation. You’ll receive helpful guidance and a clear understanding of how the firm can help before making any commitments.
10. Strong reputation among judges, prosecutors, and past clients: Pajerski Law is known throughout the Phoenix legal community for its professionalism, trial skill, and commitment to justice. This reputation can work to your advantage both inside and outside the courtroom.

Choosing the right attorney is one of the most important decisions you can make after a DUI arrest. Pajerski Law has the credentials, courtroom experience, and client-focused approach to help you fight the charges and move forward with confidence.

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Contact Us for a Free Case Evaluation

If you are facing DUI charges in Phoenix and believe your breathalyzer results may be inaccurate, you still have options. A strong defense can make all the difference, and the first step is getting the right legal advice.

At Pajerski Law, we offer free case evaluations so you can better understand your rights, the strength of the evidence against you, and how we can help. There is no pressure, no obligation, and no cost to speak with an experienced attorney about your situation. Do not wait to get the help you need. The sooner you talk with a DUI defense attorney, the more time you will have to protect your future. Call Pajerski Law today at (602) 362-9131 or fill out the contact form to schedule your free case evaluation.