Arizona Traffic Law 3
A.R.S. 28-1332
Preliminary breath tests; rules on approval of devices
A. A law enforcement officer who has reasonable suspicion to believe that a person has committed a violation of section 28-1381 or 28-1382 may request that the person submit to a preliminary breath test or tests before an arrest.
B. In addition to a breath test or tests, the officer may require that the person submit to further testing pursuant to section 28-1321.
C. The director of the department of public safety shall adopt rules prescribing the approval of quantitative preliminary breath testing devices.
Comment: Even if you have not been arrested, an officer can try to make you take a breath test if they have "reasonable suspicion" to do so. The term reasonable suspicion is a criminal standard that a police officer must achieve in certain situations before they can invade your privacy, seize your person, etc. Other situations like being in your home would require a higher standard, and likely a warrant. This statute also allows the police to test you in other ways.
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A.R.S. 28-1323
Admissibility of breath test or other records
A. The results of a breath test administered for the purpose of determining a person's alcohol concentration are admissible as evidence in any trial, action or proceeding on establishing the following foundational requirements:
1. The test was performed using a quantitative breath testing device approved by the department of health services or the department of public safety. A properly authenticated certification by the department of health services or the department of public safety or judicial notice of department of health services or department of public safety rules is sufficient to establish this requirement.
2. The operator who conducted the test possessed a valid permit issued by the department of health services or the department of public safety to operate the device used to conduct the test.
3. Duplicate tests were administered and the test results were within 0.02 alcohol concentration of each other or an operator observed the person charged with the violation for twenty minutes immediately preceding the administration of the test.
4. The operator who conducted the test followed an operational checklist approved by the department of health services or the department of public safety for the operation of the device used to conduct the test. The testimony of the operator is sufficient to establish this requirement.
5. The device used to conduct the test was in proper operating condition. Records of periodic maintenance that show that the device was in proper operating condition are admissible in any proceeding as prima facie evidence that the device was in proper operating condition at the time of the test. Calibration checks with a standard alcohol concentration solution bracketing each person's duplicate breath test are one type of records of periodic maintenance that satisfies the requirements of this section. The records are public records.
B. Compliance with subsection A of this section is the only requirement for the admission in evidence of a breath test result.
C. The inability of any person to obtain manufacturer's schematics and software for a quantitative breath testing device that is approved as prescribed in subsection A of this section shall not affect the admissibility of the results of a breath test pursuant to this section.
D. Records that may be obtained or that are otherwise maintained pursuant to section 28-1327 are admissible as evidence in any trial, action or proceeding.
Comment: If you have been tested, and alcohol is shown in your system, the evidence will probably be admissible in a court case against you, so long as certain qualification or procedures are met in the testing device/system. A lawyer can help you, if you wanted to make sure the statutory requirements were met.
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A.R.S. 28-1324
Breath test rules
The director of the department of public safety shall adopt rules prescribing methods and procedures for the administration of breath tests to determine alcohol concentration. The rules shall include:
1. The approval of quantitative breath testing devices.
2. Procedures for ensuring the accuracy of results obtained from approved breath testing devices.
3. Qualifications for persons who conduct breath tests.
4. Qualifications for persons who instruct others in the operation of breath testing devices.
Comment: Breath Tests have certain rules that must be followed in how they are conducted. Arizona DPS will set this.
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A.R.S. 28-1325
Breath test operator permits
A. The director of the department of public safety shall issue permits to operators who have received approved instruction and who have demonstrated their ability to accurately operate an approved breath testing device.
B. The director of the department of public safety may revoke the permit of a person who fails to operate a breath testing device according to the rules adopted by the director of the department of public safety.
Comment: The police should have a permit to use the breathalyzer device when using a breath test on you.
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