The Intoxilyzer 8000 has come under repeated attack from lawyers handling cases of suspected driving under the influence. Defense attorneys across the country say that access to the code would enable them to independently verify accuracy and reliability of the equipment. The legal argument is that defendants have a constitutional right to challenge their accusers. The manufacturer of the Intoxilyzer 8000 has countered that the code is a trade secret. The issue of access to the code, as well as incidents of unauthorized changes to state approved equipment and software, have led to court battles in Minnesota, Florida, Louisiana, Massachusetts and New Jersey. After the equipment failed to meet accuracy testing, it was prohibited from use in Tennessee.

In its ruling, the Arizona Court only clarified that prosecutors do not have an advantage over DUI criminal defense attorneys. The underlying issue of 'substantial need' for access to the equipment's software code remains, and state prosecutors believe it will ultimately end up before the Court of Appeals.

The recent ruling means that the Superior Court judge has three options; suppress the breath test evidence in the 23 cases of driving under the influence in Arizona currently before her; permit the prosecutors to enter the breath test results into evidence; or dismiss the AZ DUI charges. It is almost assured that whatever decision is made it will be appealed.

Do you need an AZ DUI attorney?

A law enacted late last year requires motorists convicted of driving under the influence in Arizona to have an interlock device on any vehicle they drive for 12 months after driving privileges have been restored. The legislation Napolitano vetoed would have allowed a motorist to remove the device after 6 months only if they had completed a state approved drug and alcohol treatment program. The bill’s author hoped the incentive would cause a motorist found guilty of Arizona DUI to get behavior changing assistance and help them avoid becoming a repeat offender. Napolitano said it was too soon to alter the law passed last year.

Beyond the ignition interlock issue, lawmakers questioned the governor’s decision to veto the bill because they felt it offered several necessary fixes to Arizona DUI laws. For example, a motorist convicted of first offense drinking and driving in Arizona can have limited driving privileges restored after thirty days and full privileges restored 60 days after that. That is not available to someone who caused ‘serious physical injury’. However, the wording in the current law does not specify ‘death’ which means someone who kills another person while driving under the influence of alcohol can have their license partially reinstated after 30 days. The legislation vetoed by Napolitano would have corrected that situation.

The vetoed bill covered boating while intoxicated, making the penalties in line with a conviction for drunken driving in Arizona. It also clarified the license suspension process.

Lawmakers are uncertain whether there is enough time left in session for them to amend the legislation and resubmit it to the governor.

If you have been arrested for drunk driving in Arizona you will need to consult with DUI lawyer in Arizona.]]> http://www.dui.com/dui-library/arizona/laws/super-extreme-dui Arizona will have one of the most punitive DUI laws in the country for first time offenders. Lawmakers are trying to decrease the alcohol-related fatalities with the 'Super Extreme' DUI law. Last year Arizona ranked sixth in the nation for alcohol-related traffic fatalities. admin Mon, 17 Sep 2007 16:54:13 -0500 Arizona DUI Laws Super Extreme Starting Wednesday, being arrested for DUI in Arizona will result in additional penalties and conditions. Recently lawmakers passed a tough new law that requires ignition interlock devices for first time offenders and created a new ‘super extreme’ classification of drunk driver.

The ignition interlock penalty is modeled after New Mexico law, where officials cite a reduction in alcohol related fatalities since the car disabling device was made mandatory for everyone convicted of drunk driving.

‘Super extreme’ DUI offenders are those who have a blood alcohol content of 0.20% or higher. The legal limit is 0.08%. The new penalties for drivers who reach this threshold include higher fines and a minimum of 45 days in jail. Previously, a judge could suspend part of a jail sentence if the defendant completed a court-sponsored drug or alcohol program.

The lawmaker’s intent was to provide a strong deterrent to drunk driving, though Arizona DUI defense attorneys say the strict new laws will clog the court system with those challenging their drunk driving arrests. They also cite many hardships, especially for those charged with their first DUI. The Arizona Motor Vehicle Division anticipates 17,000 motorists will be charged with a first-time drunk driving offense in the coming year. The new DUI law will require every one of them to pass a breath test each time they want to start their vehicles. The cost of installation of an interlock device is about $100 and it costs $80 per month to maintain it. Most offenders are required to have the device in their vehicles for 12 months, and the cost of the interlock is in addition to court fines that can be $1,000 or more.

Statistics show that the majority of those arrested for DUI will not be repeat offenders, leading critics to say the penalties cast a wide net while failing to offer long-term solutions for chronic, repeat drunk drivers.

The new Arizona DUI legislation was signed into law by Governor Janet Napolitano in May of 2007. Since then Illinois and Louisiana have enacted similar ignition-interlock requirements for first-time DUI offenders.

Arizona Motor Vehicle Division - http://www.dot.state.az.us/mvd/index.asp