What You Should Know about Refusing the Chemical Tests

Interviewer: When someone refuses a Breathalyzer or a blood draw and an officer gets a warrant, how long would it take for the officer to get that warrant?

Brian: It depends on what city you are in.  Certain cities have streamlined the procedure.  It really could take anywhere from ten minutes to an hour.  During that time, some people think, “I’m going to try and delay things as much as possible.  Maybe I have had a little bit too much to drink.  Maybe I’m going to try to delay things so that some alcohol leaves my body.”

Refusing the Chemical Tests as a Delay Tactic May Not be the Best Option

There’s a couple things wrong with that.  One is it takes a long time for alcohol to leave a person’s body.  Alcohol is eliminated from a person’s system at an average rate of .015% per hour.

The second thing wrong with that is that a person doesn’t really know whether they are in the absorption phase or the elimination phase.  In waiting for a longer period of time to pass, the person may actually be harming themselves by allowing more alcohol to be absorbed into their system, which would result in higher blood alcohol content than they might have received an hour previously.

Alcohol’s Absorption and Elimination Rate

Basically, before someone starts consuming alcohol, they are completely sober.  They would register 0.00 blood alcohol content.  As they consume alcohol, their blood alcohol level goes up over a period of time and it continues to rise. Usually, the average person will stop absorbing alcohol into their system about an hour after their last drink.  There have been some scientific studies.  I believe in one study the maximum was about five hours that it took before a person was fully absorbed of all their alcohol.

Upon full absorption, they basically reach the peak, which is the highest point in which their alcohol content would register.  At that point, the elimination of alcohol overtakes the absorption of alcohol and the person begins eliminating the alcohol over the course of a few hours until they become completely sober again and would register a 0.00 on a blood test result.

How Reliable Are the Results Obtained from the Breathalyzer Machine?

Breath tests can be faulty in some ways.  A number of police agencies have gone to blood tests; blood being more reliable.  Breath tests can be faulty depending on the conditions of the atmosphere.  Radio frequency interference can interfere with a breath test result.  Sometimes people have issues with their teeth or issues with their gums.  The breath testing machine is meant to test the deep lung air within a person.

Sometimes because of medical issues or just one reason or another, a person has something wrong with their esophagus.  They have something in their throats.  Maybe they have some gum in their mouth.  Maybe they have a piece of bread in their mouth, which is a substance that can collect alcohol.  There are substances that can retain alcohol so that the breath test, that is meant to test the deep lung air is, instead, testing something that it wasn’t meant to test.

Radio frequency interference just on a technical aspect of the machine can hinder an accurate result.  There have been reports of a radio frequency interference indicating high blood alcohol content, despite the lack of any alcohol in the person’s system.  Just generally, the machines are fallible.

By Brian Douglas Sloan

Call me today for an
‘In Depth’ Free Consultation

Brian Douglas Sloan

DUI ATTORNEY


Why Attorney Brian Douglas Sloan?
Phoenix DUI Lawyer

Why Attorney Brian Douglas Sloan?

18+

18+ Years SOLELY Focused on DUI Defense

4,100+

4,100+ DUIs Successfully Defended

Top Accolades

  • Only DUI "Power Lawyer" in the Nation Featured in USA Today, 2022

  • Top 10 in Arizona

Top 1%

Top One Percent in the Nation

Superb 10/10

AVVO.com

Preeminent
4.9 / 5.0

Martindale-hubble

“I am one of only a handful of Phoenix DUI Lawyers that focuses solely on DUI Defense representation.”

I have spent my entire career focused on DUI Defense representation, having personally defended more than 4,100+ DUI clients in the past 18+ years.

If you’re looking for a divorce attorney, tax attorney, or civil attorney, then I can comfortably say: "I’m not the one for you".

Coming up with traditional, as well as outside-the-box motions and defenses for my clients, often with good results, is the hallmark of my practice.

Lawyers that say they are "aggressive", or "will fight for you", are a dime a dozen. They use these phrases because that is what they think people want to hear. The truth of the matter is, being "aggressive" rarely gets the client anywhere in these court systems. Being "aggressive" isn’t the same as being good, and is often used to put on a show for a client to hide the fact that they aren’t doing anything meaningful for the client.

The same is true for the lawyers that claim to do DUI Defense... and Criminal Cases..., and Accident cases..., and Divorces. A Jack-of-all-Trades is a master of none. By handling all different sorts of cases, they take away from their ability to truly focus on DUIs, and keep up to date on the latest changes in DUI Defense Representation.

What I offer is intelligent, quality DUI Defense, at an exceptional price.

I am one of only a handful of Arizona DUI Lawyers that focuses solely on DUI Defense representation.

I have not only taught other lawyers how to do DUI Defense Representation at statewide seminars, but I produce DUI Legal Guides used by defense lawyers across Arizona.

I am one of the most award-winning DUI Defense Lawyers in Arizona; have been recognized nationally, including in a 2022 issue of USA Today; and there are only a few lawyers in Arizona who have personally defended more DUI cases than I have. I am also one of the most reasonably-priced DUI Lawyers, as I pride myself on charging a Flat Rate only for the legal services you need, and not for the legal services you don’t.

I am also the lawyer who people call once they realize that their original lawyer screwed something up, gave them false hope or false promises, or simply just took their money and didn’t do much on the case. You would be surprised at how often this happens.

Save yourself the trouble of hiring the wrong lawyer, and hire the right DUI Defense Lawyer from the start.

You can reach me on my personal cell phone: 480-720-7839.

Let me know if you have any questions!


Brian Douglas Sloan

DUI Attorney

Free Initial
Consultation

Email address:
Sloan@ArizDUI.com
2 N. Central Ave Suite 1929
Phoenix, AZ 85004