Legal Question in DUI Law in Arizona

Hello DUI Experts - Intoxilyzer 8000 Duplicate breath test in Arizona - first test was failed(deficient sample) but the next two consecutive tests wait time is about 10 seconds less than 5 minutes. I believe the wait time should be at least 5 minutes but not grater than 10 minutes. In this case the time gap(wait time) between last Air blank time from the previous test to the first Air blank time to the next test is about 4 minutes 51 seconds, which is about 10 seconds less than 5 minutes. Is it still accurate or can we challenge the test accuracy? we should look into the time gap between Air blanks or Subject Test or Diagnostic Test for two consecutive tests ? Thanks in advance!

http://www.azsos.gov/public_services/Title_13/13-10.htm

"Duplicate breath test" means two consecutive breath tests that immediately follow a deprivation period, agree within 0.020 AC of each other, and are conducted at least five and no more than 10 minutes apart.


Asked on 2/22/14, 3:23 pm

1 Answer from Attorneys

A good subject to discuss with your lawyer

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Answered on 2/23/14, 1:05 pm


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