Causes of a False Positive DUI Breath Tests

Breathalyzers Aren’t Always Accurate

Is it possible that a DUI breathalyzer that shows positive could be false? Is it possible that you were not driving under the influence, but a breathalyzer test says you were?

The breathalyzer machine estimates the blood alcohol content (BAC) from a breath sample. It is used to measure the likelihood of impairment due to consuming alcohol.  It isn’t always accurate.

Because this test is not 100% accurate, false positives and the range of error can be a problem for Arizona drivers who may have been drinking earlier, but no longer have a high BAC.  This could lead to a DUI arrest and stiff DUI punishments.

I’m guessing that the majority of us have been given advice by our friends how to “fool” a breathalyzer if we should ever be pulled over by the police after having a few cocktails or beers.  Most people think that anyone who fails a roadside breathalyzer test must be drunk, because these machines don’t lie: they just report the facts. Well, the fact is, there are variables that can affect the outcome of one of these tests, resulting in a false positive outcome.  Don’t become a liability of a false positive test.  Make sure that you defend yourself against inaccurate breathalyzer equipment.  An experienced DUI and criminal law attorney can be a great asset to you as you are attempting to avoid DUI, DWI, or reckless driving charges because of a failed breathalyzer test.

Some of the tings that you can do to assure a more accurate breathalyzer response; First, if a breathalyzer is improperly maintained or calibrated, it may not be accurate. Records must be available and meet requirements for each machine.
Other variables that could affect the test include poor administration of the breathalyzer test, the existence of fumes/exhaust from passing cars, smoking, or even the breathing techniques used when a test is administered.
Other causes of a false positive test may be due to an individual’s health condition. Diabetics with a low blood sugar may have a false positive test. In this case, when the body is in a state of ketosis and will produce acetone, which is released by the lungs. A breathalyzer could confuse this and identify this as alcohol.

Heard of the Atkins Diet? Starving a body of carbs so that it goes into a state of ketosis in order to start burning fat? Same type of thing happens and could lead to a false positive.  Other health related causes include: persons on a high protein diets, low carb diets both types of diets, if extreme, could  produce a false positive test similar to a diabetic.   In some rare cases, smoking could have an impact on the results of the test. As smoke is inhaled into the lungs, it may cause the liver to produce certain chemicals, identified by the test as alcohol, that is exhaled by the lungs.
Lyme disease and yeast infections are also medical conditions that may have reason to create the false positive.
In other cases, breath sprays like Listerine, cough syrup, cold medicine, mouth washes, and even lip balm are products that contain alcohol, therefore, could cause a false positive breathalyzer test.

As you have read, there are several factors that can lead to inaccurate results in a breath test.  If you find yourself in trouble with the law for driving under the influence or another traffic offense that is being supported by a breathalyzer’s finding.  Contact a knowledgeable DUI and criminal defense lawyer to assist you with your case.  You probably have a great defense.

– Tucson, AZ

Avvo Question: Last night I was arrested in my own driveway and charged with a DUI (no BAC reading yet due to the fact that the machine was not reading and they drew blood). I can’t really guess as to what my bac was but I was definitely not in the extreme arena (I had 3 beers, and was extremely cooperative and coherent with the officers) I was unaware that my license was recently suspended until I attended a TSS class for a previous moving violation. My car was impounded and I was told I would be unable to reclaim for 30 days. My question A) Do I even have a fighting chance of reclaiming my vehicle and getting through this situation without a lawyer? B) I’m on very limited income as a single mother, are there options for payment plans with DUI lawyers? will my case be treated with less regard if so?Avvo Answer:   Any time you are charged with a DUI or DWI in Arizona I would highly recommend hiring an attorney.  Most attorneys offer free consultations, and some even do it over the phone. (My office offers FREE phone Consultations).  My office offers FREE DUI and Criminal Defense Consultations. (Either in office or via the telephone).   The consults are completely confidential and are no obligation consults.  (Meaning, just because you have a consult with me, you are in no way obligated to hire me.)  Regarding payment plans, most lawyers,  like myself, offer payment plans. While I can only speak for law firm, clients who are on payment plans are treated the same as clients who are not on payment plans.  Honestly, in today’s economy, most people hiring attorneys need a payment plan.  With some of the the most affordable legal rates in Tucson and throughout Arizona, please give us a call and set up your FREE Consultation.  Get your questions answered.

I hope that you found this information helpful and that you question was answered.

Answered By:

My AZ Lawyers
1731 W. Baseline Road, Suite 100
Mesa, AZ 85202
Office: (480) 263-1699

Re-Published from AVVO Legal Questions and Answers.



Struggling Retailer Closes Over Half of Phoenix Area Stores

According to The Arizona Republic.  Movie rental giant Blockbuster is closing approximately 25 of its retail stores in the Phoenix metro area.  The Arizona stores being closed are among about 200 locations nationwide that Blockbuster is shuttering in this latest round of store closures. About 60 were shut down soon after Blockbuster filed for Chapter 11 Bankruptcy protection in 2012.

In a Chapter 11 bankruptcy proceeding, a business can use the power of the court to void real-estate leases and close stores.  Chapter 11 bankruptcy is used mainly for businesses who are seeking to re-organize debt and carry on with business.  One of the main differences between a chapter 11 bankruptcy and a chapter 7 bankruptcy when it comes to business is that in a chapter 11 the business remains open and conducts business and in a chapter 7 bankruptcy, the business is closed and the assets are liquidated. 

This latest round of store closings will leave Blockbuster with about 3,200 U.S. stores. Worldwide, the company has about 5,000 stores and 20,000 employees.  Blockbuster will still have approximately 25 stores and 300 employees in the greater Phoenix metro area after the current closures.

The latest store closings by Blockbuster will put about 250 people out of work in metro Phoenix and add to the growing glut of vacant retail space.  The current financial state of many people in Phoenix and throughout Arizona will not be helped by the jobs lost as Blockbuster closes nearly half of its current locations.  This definitely will not boost the already strained economy of Arizona.

The store closings aren’t exactly a surprise.  Blockbuster had been slowly closing unprofitable stores over the past few years but ramped up the process after filing for Chapter 11 bankruptcy protection in September. In a bankruptcy proceeding, a business can use the power of the court to void real-estate leases and close stores.

On Thursday, the company’s creditors agreed to allow the sale of the company to a group of creditors for $290 million in a move that could set up an open-bidding process for the company.  There had been speculation that the proposed sale would be blocked by the creditors, leading to the liquidation of the company in a Chapter 7 bankruptcy.  If the creditors had forced Blockbuster into a chapter 7 bankruptcy, all of the remaining stores would have been closed and all of the company’s assets would have been liquidated to pay the creditors. Bookstore giant Borders was forced into a similar situation.  Read more…

A number of creditors, including several major movie studios, see liquidation as the best way to recover the money they are owed. They argue that to allow Blockbuster to continue to operate would only lead to more losses.

The struggling retailer has had a miserable last 3 months as it has lost an estimated $65 million from November 2012 to January 2013.  The Dallas based movie rental giant has been slow to conform to many of the new advances in technology which are changing the future of the video-rental business. Consumers are downloading and streaming videos directly to their computers from a formidable group of Blockbuster competitors, including:, Apple Inc., Google Inc. and Facebook Inc.



Ironic Place for Man to Get Arrested for DUI

Vermont police have cited a Massachusetts man for DUI after he allegedly drove onto the front lawn of the birthplace of the co-founder of Alcoholic Anonymous in Vermont on Christmas Eve. Donald Blood III, 55, of Marlboro, Mass., apparently thought that the front yard of The Wilson House was a parking lot, the Rutland Herald reported.

It is probably not uncommon for an increase in DUIs or drinking in general during the holidays, as there are holiday parties, festive celebrations, ringing in the new year, and let’s not mention the fact that we spend hours or days on end with family and in-laws (enough said). Also, some may experience depression and/or stress during the Christmas season due to financial issues, the anniversary of a death, or even health issues that may be reason to indulge in alcohol and excessive drinking.

Whatever the reason caused Mr. Blood III to be out drinking and driving, he, at least, wound up in a “safe haven” when he was drinking and driving as he ended up in the front lawn of the co-founder of Alcoholics Anonymous on Christmas Eve. As reported by the press, Blood thought the front lawn was a partaking lot. The house serves as a meeting place for treatment groups, and Blood was a guest there. The “place of sanctuary” was built in 1952 and was the birthplace of AA co-founder Bill Wilson. The Wilson house is still used for AA meetings. Unfortunately for Blood, his meeting on the front lawn was accompanied by police.

Not often that you hear of such an ironic turn of events as a drunk driver getting busted in the front yard of an AA founder.

In Arizona, as well as many states across the country, the holiday season brings the joyous celebration of Christmas as well as a higher prevalence of drinking and driving. It’s no secret that drinking and partying increase during the Holiday season and Arizona police and Highway Patrol will be ready for the increase in drinking and driving. If you want to keep your holidays merry and you and your family safe, get a designated driver or drink in moderation when you are out celebrating the holidays.

If you are arrested for DUI or DWI in Arizona this Holiday season, it is not something to try and defend by yourself. Seek the help of an experienced DUI Lawyer. An experienced criminal attorney in Arizona may be of great assistance to you when it comes to fighting a DUI arrest or when achieving the best results when it comes time to pay your fines or serve your time. Make sure that you are adequately represented when facing criminal charges or a DUI arrest in Arizona.

Q: In Arizona Superior Family Court, if I filed a petition to modify my child support because my income changed drastically in June of 2012 and my hearing is finally set Dec 2012 what are my chances my income deduction order will be back dated to June 2012 income to reflect that amount for child support calculations and payments? I have continued to pay child support but not the full amount that was on original court ordered because I can’t make that amount due to my income I have also continue to pay for medical insurance for my child which I am not court order to do so but have kept coverage for her this entire time no gaps in coverage. I have also applied to withdraw a loan from my retirement plan so that I can show the judge that even though I am not making the same income I still continue to pay child support and want to have security to let the judge know that I can pay difference from my loan.

A: Chances are really good that that your income deduction will be back-dated to reflect your change in income. The change however will probably take place the 1st day of the month following the date that the other party was served with notice of your request to modify child support. So, if your wages change drastically in June and you made the request in June, then the child support modification will probably go back and take effect as of the 1st of July.

I would hold off on your request to take money out of your retirement until you see how the judge rules on your modification request. Your retirement should be used when you are in a more dire financial situation and may not be necessary if your modification is granted. Take a wait and see approach with that step.

As far as you paying the insurance for the child, make sure to report it on your child support worksheet and make sure that the judge takes it into consideration when making a determination on your child support modification request. It is good that you are being pro-active and that you are keeping good documentation of everything that you are doing regarding your child support.

Re-Published from: AVVO Legal Questions and Answers

Drought in the Midwest Leading to Consumer Bankruptcy

Midwest Drought to Affect Arizona

The heat is oppressive.  We may not know the full impact of the drought until later this fall, but already the lack of rain in the Midwest is going to impact consumers nationwide.  The drought and heat has already done considerable  and permanent damage to the crops.  The dry, hot weather is devastating to the livelihoods of farmers across the Midwest, but this is a situation in which the entire country is watching, because the weather isn’t just impacting farmers.  Shoppers will see the effects of the hurt corn and soybean crops;  supermarket prices will be higher from everything from milk to meat.  

If you think that you will not be affected by this drought, think again. Every state in the union, Arizona included, will feel the effects of the lack of rainfall and subsequent poor crop yields in the Midwest.  Prices are going to rise, however, your wages will probably remain the same. 

It is certain that we will see more foreclosures in the farming communities, as farmers and ranchers can’t pay their bills.  Some farmers borrow and mortgage for their equipment and seeds, and when the crops don’t provide, it’s trouble.  Still think the drought is just the farmers’ problem?  Ever hear of the Dust Bowl and the dirty 1930’s?  Ok, maybe that is extreme, but surely you remember the drought of 1988?  Any drought leads to changes, and it does affect the economy.  Food prices, fuel prices, rising grain prices, inflation, even water usage for lawns, and recreation are limited.  Yes, things that happen states away can affect you in Arizona.

For the farmers, the stress and pressure escalates as they wait for suitable weather that will improve the situation.  The worries grow, especially for the farmers without insurance.  The crops suffer, their income suffers.   The farmers started planting season with such success, and they had high expectations for the crops.  Now instead of preparing for a bountiful harvest, some may have to deal with the financial implications of no crop, and may even consider filing consumer bankruptcy with a Mesa bankruptcy law firm.

Agriculture is important to our country, to our state, to our county, and to our city, no matter how urban an area you live, droughts in rural America will  affect our economy.  You know, many of us are budgeting our money these days, and this is just another thing that we are going to have to deal with that is going to affect everyone financially.  Consumer bankruptcies will rise because of the higher prices from the drought in the Midwest.

As they say, every cloud has a silver lining ( I know, there ARE no rain clouds! but if there were)…. at least  there are fewer mosquitoes….  Pray for rain for the Midwest and to help the economy of Arizona.


Mesa Bankruptcy Lawyers
4065 E University Dr #500
Mesa, AZ 85205
(480) 470-0005

Divorce is Tough, no matter who you are.  Divorce can happen to anyone and does happen even to the best couples.

Well, I don’t think it would be right to write a blog about divorce without giving some thoughts on the biggest entertainment news story ever. (Pardon the sarcasm) Maybe because, um, you breathe, you’ve heard about it.  Much is being made of the upcoming divorce between Tom Crusie and Katie Holmes.  The couple is parting ways after 5 years of marriage.  The couple, who married in November 2006 in a lavish Italian ceremony, are parents to daughter Suri, 6.

Good news, ladies! Tom Cruise is back on the market! Oh, sorry, I suppose it is pretty brutal and shameless, and heartless to feel giddiness at the expense of other’s misfortunes.  (Ladies:  Tom Cruise is going to be single again!)  So all of the Tom Cruise Fans that have been secretly (or publicly) envying Mrs. Tom Cruise for the past five years are following the drama of the surprising divorce as it publicly plays out.

So, what does Cruise stand to lose?  Even though he did do most of his stunts in the MI movies, and even though he can apparently sing as well as any ‘80s hairband lead singer, the seemingly unstoppable, super powerful, man, is just that.  A man with a career, a family, a child, and now a man facing a divorce.  It’s unfortunate, but even with all the aforementioned qualities that make Cruise a Hollywood god, I’m guessing that a divorce hurts just as much as it does my co-worker who hasn’t a claim to fame.  What do I know?  Maybe (evidently?) divorces in Hollywood aren’t really that big of a deal.  Are we supposed to be thrilled or shocked that Holmes and Cruise lasted 5 years?  I’m sorry, I don’t care who you are, divorce sucks.  Although many women dream about being Tom Cruise’s next wife, ( Think about it, desperate and sloppy fourths, really?)  You can’t be delusional enough to know that both Cruise and Holmes, no matter what their stardom, no matter what the publicity —  will have some hard decisions to make, and some unhappy times resulting from the split.

This divorce is just a divorce not unlike what thousands of people endure every year.  For crying out loud, Entertainment Tonight had an hour long “special” on this news-breaking tragedy.  Seriously, after 15 minutes into watching the special, I had to ask someone if Tom Cruise just got divorced? Or did he die?  Because they were tributing his entire life as if his life was over.  This split may be a personal matter for both Cruise and Holmes but it definitely will be played out in the public eye.

I still stand by my statement that no matter what your status in life, whether your divorce makes it on to TMZ or not, it’s still a difficult, uncomfortable, and scary thing to have to go through.   Divorce happens to every type of person in every walk of life.  If you are considering filing for divorce or are in the middle of a messy divorce, please realize, YOU ARE NOT ALONE!

Cruise, who currently stars in “Rock of Ages,” recently spoke about Holmes in Playboy saying: “She is an extraordinary person, and if you spent five minutes with her, you’d see it. Everything she does, she does with this beautiful creativity. She’s funny and charming, and when she walks into the room, I just feel better. I’m a romantic. I like doing things like creating romantic dinners, and she enjoys that.”  If you believe what he says, this divorce will be Tom’s  next difficult project to tackle.

According to the press, Katie Holmes will walk away with the cash she brought in to the marriage, per a pre-nup.  According to TMZ, Holmes is asking for legal custody of  Suri,  primary residential custody, and a “suitable amount of child support” from Cruise.

Maybe Katie didn’t tie the knot for the money.

So if you are going through a divorce, does it help to know that even the seemingly greatest couple doesn’t  “have it all,” after all?  Divorce touches on the same tough issues no matter who is having to go through it.   If you are facing a possible divorce or separation, seek assistance of an experienced family law attorney and make sure to do it right the 1st time.


Will I Lose My Pet in a Divorce?

Divorce Lawyers in Mesa, Arizona

If you are in Mesa, Arizona or surrounding communities in Arizona and are considering divorce, have you ever wondered? Who gets the family pet in a divorce?  More than half of all marriages in Mesa and throughout Arizona end in divorce, and, aside from child custody battles, few decisions can be tougher than determining the custody of the family pet. Decisions made in a divorce when children are involved are difficult enough, but what happens when spouses split in a household with a pet(s)? Who gets custody of the “furry kids”? Pets are considered marital property, and an Arizona family court judge decides which spouse will be awarded the animal. If you are going to fight for Fido, it is important that you have an idea how Arizona Family Court views the family pet.

Animal law and pet custody is becoming more and more common, but usually the court views a family pet no different than a piece of property. In other words, deciding who gets the dog is no different than who gets the couch. It’s a little cold to think of your cherished pet as property, but that is the way that the law views most animal custody cases. Even if you consider your pet as a member of your family, judges typically do not consider the needs or best interests of the pet.  Sometimes an argument can be made for a division of custody or that one spouse is better suited to keep the pet than the other.  These arguments are best made by an experienced divorce attorney.

One of the most important things to consider when pets are involved in a potential divorce is what is in the best interest of the family pet(s). This is the most important thing to consider in any custody case. Try to put feelings aside and think about who can best care for your pet. Some judges will award custody based on the best interests of the animal, however, more than likely they will treat the pet simply like a piece of property.  Hire an experienced divorce lawyer who will fight for the best interest of the animal as well as the wishes of you as the owner.

When a pet is viewed like a piece of property, it must be awarded to the husband or the wife. In most cases, there are no custody or visitation judgements; if the spouses cannot agree on who gets the dog, it will be left up to the Arizona family court judge to decide.  As with all important issues and decisions that need to be resolved in a divorce, it is in your best interest to consult with an experienced Mesa divorce attorney. Pets are a part of many American families, and you will need to make a case in order to keep your pet.  Have an experienced and aggressive Mesa divorce lawyer argue for your rights and the custody of your pet. Isn’t your family pet worth the fight?

If you have additional questions regarding divorce in Arizona, what will happen to the family pets during divorce in Arizona, or any other family law or custody issue, please contact our Arizona Family Law Office for a free consultation.  We have some of the lowest legal rates in all of Arizona, offer free initial consultations, payment plans for all, and have evening and weekend appointments.  Call (520) 306-8729 in the Tucson Area, (480) 263-1699 in the Mesa and Phoenix Area, or (623) 640-4945 in the Glendale and Peoria areas.  Our experienced family law attorneys look forward to assisting you.

Our Arizona family law attorneys and legal staff  understand as we love and care for our pets and would hate to lose custody of them as well.  We understand that pets are, in many cases, a member of the family (they’re not just “property”!).  We also know that an Arizona divorce is further complicated when both spouses will not part with this priceless “property”.  Our pet friendly and compassionate attorneys and staff look forward to assisting you.

Division of Property During Divorce

Arizona Divorce Lawyers

Experienced Family Law Attorneys in Arizona

Determining how property is divided during divorce can be a difficult step in the divorce process. Here are some tips to keep in mind when deciding how property will be divided. Be prepared for negotiating by reading and considering the following tips. Divvying up assets may be a stressful step in a divorce. These guidelines may help to lessen the anxiety and help make some tough decisions.

1. Homestead: Consider the purchase price of the home, when you bought it, the amount of the down payment and where the down payment money came from, and the amount of the original and current mortgage. What is the source of funds for payments for: mortgage, taxes and insurance, and home improvements?

2. Vacation home or rental property: Keep in mind the same aspects listed above for your primary home. In addition, consider monthly rental income, monthly expenses, and overall income generated.

3. Vehicle: Value each vehicle and determine which partner paid for the vehicle/s. You may be able to reach a conclusion depending on the value.

4. Other financial assets and home furnishings: Dividing these assets may involve tough decisions. Assets maybe divided after each party is able to reach an agreement that states which partner gets which asset.

Contact a family law/divorce lawyer to have by your side to guide you through the process, to assist you with difficult decisions, and to provide you with the necessary information to make informed decisions when dividing property during a divorce.  Our experienced family law attorneys look forward to helping you through your divorce.  Get aggressive, experienced lawyers on your side, protect your rights.  Call (480) 263-1699 in the Phoenix and Mesa Metro Areas.  (623) 640-4945 in Glendale and Peoria area, and (520) 306-8729 in the Tucson metro area.  Our Arizona Divorce Attorneys will provide you with great representation through your family law need.


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Mortgage to Lease Program for Arizona

Arizona to offer “Mortgage to Lease Program”

On behalf of the Legalhelp-AZ. Posted in Helpful Articles on Sunday, April 29, 2012.  “Mortgage to Lease Program for Arizona” by experienced debt relief attorneys and lawyers at legalhelp-az.

Currently offered in Arizona, Nevada, and New York, the “Mortgage to Lease” program is reaching out to 1,000 homeowners that are in danger of losing their homes to foreclosure by becoming renters instead of owners.  In order to save homeowners from being evicted, Bank of America is trying this new program.  According to the terms of the agreement, the bank asks the homeowners to hand over the deeds to their homes, then the bank will let them rent their properties at the current market value.

“Mortgage to Lease” is intended to serve as an option to short sales and mortgage reductions.  A homeowner may attempt to keep their home by selling it in a short sale or by reducing monthly mortgage payments , but when these efforts fail, the homeowner is eventually forced out by the bank.  Upon transferring their home’s title to the bank, participants  who meet the requirements to qualify for  the “Mortgage to Lease” would be able to lease their homes; the rent being less than their current mortgage payments.  Also, these participants do not have to pay property taxes or homeowners insurance.

For more information on the Mortgage to Lease Program and any other debt relief questions that you may have, please contact the experienced lawyers at Legalhelp-AZ today.  We offer Free debt evaluations daily and evening and weekend appointments.  Our legal fees are some of the most reasonable in all of Arizona.  You can reach our experienced lawyers at (480) 263-1699 in the Phoenix and Mesa Metro Areas, (623) 640-4945 in the Peoria and Glendale, Arizona regions, and at (520) 306-8729 in the Tucson metro area.

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