It is very likely that chemical testing has played a significant role in the foundations of the charges leveled against you for drunk driving or possession in Tempe. Knowing that, it’s only prudent to choose a defense attorney who not only comprehends the results, but is also certified to run the machine and interpret the forensic evidence. There isn’t a better choice to challenge the accuracy of the results.

Rosenstein Law Group is the law firm to call when you have been arrested and are facing drug or alcohol charges. Contact us for a free initial consultation with our expert legal team armed with solid defense plans and a proven record of success.

Field Sobriety Testing vs PBT

If an officer of the law pulls you over for driving under the influence (DUI) or drugs or alcohol, they will likely try to put you through a ringer of field sobriety tests (FSTs). As a backup, an officer will often try to employ a Preliminary Breath Test (PBT). The officer has many different tricks at his disposal to persuade a driver to blow into this device. They will often say things like “This test is inadmissible in court, so it can’t be used against you”, or, “If you just blow into this, we can get you on your way”. These are deceptive half-truths to persuade you to blow.

While it’s true that the unreliability of PBTs means they are precluded from being shared with the jury, they are admissible to the judge for the prosecution’s case arguments. These are used to confirm a suspicion of your DUI, but they are not accurate diagnostic tools. Further, drivers can refuse PBTs; it’s critical to know your rights so you know what tests you do and do not have to take.

Authorities will only rely on diagnostic tools used to analyze breath, blood, and urine when evaluating drug or alcohol levels. You are required to submit to true chemical testing when asked by an officer. Refusal is grounds for a search warrant to be issued, and immediate suspension of your driver’s license for at least a year.

Blood and Breath Testing

Attorney Craig Rosenstein is certified in both chemical testing and field sobriety tests. He understands protocol, and knows the potential downsides of different methods of analysis. Because he is trained on breathalyzers like the Intoxilyzer 8000, and also has certifications for blood and urine testing, he knows exactly how the tests should be conducted and he knows how to interpret and understand the results. He is also aware of the data not taken into account by the tests, such as:

  • Drinking pattern, if any
  • Health conditions like GERD or diabetes
  • Foods consumed
  • Elevated body temperature
  • Prescription medication interactions
  • Possible sample contaminations
  • And many other variables

Not having a lawyer who understands the science behind chemical testing, and what biological factors could impact the results, means your DUI defense will lack critical information and insight. Furthermore, if your attorney does not understand how the tests are performed, what checklists need to be followed, or the opportunities for false-positives and sample contamination, your defense will simply not be as strong as it could (and probably needs) to be.

Contact Us

Call our firm to meet with a forensically trained DUI defense attorney in Tempe. We make sure testing procedures are followed correctly and that the administrators are fully trained and certified themselves. Whether you followed your doctor’s advice on prescription medication, or used drugs or alcohol, we are ready to represent you. Contact us for a free consultation. We are available 24/7, standing by to assist you in your time of need.

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