Arizona Traffic Law 4
A.R.S. 28-1326
Blood test; rules; permits
A. The director of the department of public safety shall adopt rules prescribing the approval of methods for the analysis of blood or other bodily substances to determine blood alcohol concentration.
B. The director of the department of public safety shall issue a permit to an analyst who has demonstrated the ability to accurately analyze blood or other bodily substances for alcohol concentration.
C. The director of the department of public safety may revoke the permit of an analyst who either:
1. Has demonstrated an inability to accurately analyze blood or other bodily substances for alcohol concentration.
2. Fails to analyze blood or other bodily substances for alcohol concentration according to rules adopted by the director of the department of health services.
Comment: This is a further continuation of the regulation of breath test, breathalyzers, and permits from A.R.S. 28-1325.
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A.R.S. 28-1327
Reproduction of records; admissibility; computer storage; definition
A. The head of a law enforcement agency or the director of the department of health services may place on computer storage any records concerning a quantitative breath testing device. Signatures that are found on the records do not have to be placed on computer storage.
B. A duplicate of any information that is placed on computer storage pursuant to subsection A is deemed to be an original of the record for all purposes and is admissible without further foundation in evidence if the following appears on each page:
Pursuant to section 28-1327, Arizona Revised Statutes, this document is a certified duplicate of the information contained in computer storage devices of the (name of agency).
C. For the purposes of this section, "duplicate" means a counterpart produced by any of the following:
1. The same impression or from the same matrix as the original.
2. Means of photography, including enlargements and miniatures.
3. Mechanical or electronic rerecording.
4. Chemical reproduction.
5. Any other equivalent technique that accurately reproduces the original.
Comment: A police department's records concerning breathalyzers it uses can be stored on a computer, and this will function as an original copy for a court.
A.R.S. 28-1381 (Part of the statute)
Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.
2. If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.
3. While there is any drug defined in section 13-3401 or its metabolite in the person's body.
4. If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license as defined in section 28-3001 and the person has an alcohol concentration of 0.04 or more.
B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.
C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor.
D. A person using a drug prescribed by a medical practitioner licensed pursuant to title 32, chapter 7, 11, 13 or 17 is not guilty of violating subsection A, paragraph 3 of this section.
Comment: If you consume alcohol and have a .08 BAC, then you are driving under the influence. Also recognize that you can receive a DUI for having narcotics or certain drugs in your system. The rest of the statute, which has not been included here, concerns largely the trial and procedure involved in a DUI case. To read this section, click here.
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A.R.S. 28-1382 (Part of the statute)
Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle:
1. 0.15 or more but less than 0.20.
2. 0.20 or more.
B. A person who is convicted of a violation of this section is guilty of driving or being in actual physical control of a vehicle while under the extreme influence of intoxicating liquor.
C. At the arraignment, the court shall inform the defendant that the defendant may request a trial by jury and that the request, if made, shall be granted.
Comment: If your BAC is 0.15 or above, then will likely be convicted of extreme DUI. The penalties are harsher. To read the full statute, click here.
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