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Chemical Testing in Arizona for DUI

A law enforcement officer may request a person to submit to preliminary breath test if they have a reasonable suspicion that the person was driving under the influence. Even if one agreed to submit to a preliminary breath test, a law enforcement officer can request further breath, blood, or urine test after an arrest.  Further testing can be requested by using such testing devices as a quantitative breath testing device, or by collecting a blood or urine sample and having a qualified analyst measure the amount of the alcohol concentration within the sample.

A quantitative breath testing device can only be performed by someone who has a valid permit that was issued by the department of public safety rules or the department of health services.  The operator must perform the test twice and the results must be within .02 alcohol concentration of each other or the operator must have personally witnessed the person charged with the DUI for twenty minutes preceding the test.  The operator is also required to follow a specific checklist approved by the department of public safety or the department of health services when conducting the test.  The device used to conduct the test must be in proper condition.  Failure in any one of the requirements would make the results of the breath test inadmissible in a court of law.

A valid blood or urine sample test requires that it was correctly analyzed by an analyst with a valid permit from the department of public safety.  The department of public safety shall issue a permit to an analyst who has successfully demonstrated that they can accurately analyze blood and other bodily substances for alcohol concentration.  The director of the department of public safety can revoke a permit if an analyst fails in their ability of analysis.

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