Arizona Judge Reverses Ruling on Breath Test Evidence

By Mary Ann

According to the Tucson Citizen, a Tucson City Court judge threw out breath test evidence in 19 alleged DUI cases.

On September 8, Judge Margarita Bernal ruled that testimony from a Superior Court case changed her mind about allowing the breath tests to be used in the trials.

In a statement given by Toby Hall, president of CMI, the company that makes the Intoxilyzer 8000, he cites anomalies, errors and issues that can have an impact on the machine’s reliability and credibility.  The Intoxilyzer 8000 machine and software is used in Arizona.

Recently, breath tests in more than 100 DUI cases in Tucson have been thrown out because of problems with CMI and the breathalyzer.  Many of these cases have been dismissed.



Arizona Cranks Up Penalties for “Extreme” DUI

By Mary Ann

Arizona governor Janet Napolitano signed into effect another new chapter in what is becoming one of the country’s toughest set of DUI laws.

State legislators passed a bill that would increase penalties for first DUI offenders convicted of “extreme DUI,” or a DUI with a blood alcohol concentration of 0.15% or higher (roughly double the legal limit of 0.08%).

Now, “extreme” DUI offenders would serve a full 30 days in jail, an increase from the current 10-day minimum.