The Phoenix DUI Law Blog

Couple Switch Seats To Avoid DUI - But Both Were Drunk

In a rather amusing story out of Tuba City, one cop managed to simultaneously bust two people for DUI when the couple switched seats to avoid the DUI charge before getting pulled over, reports Arizona Daily Sun. They must call this the legendary pullover double-play (just in time for Spring training).

The hilarious double DUI arrest took place after a police officer says he clearly watched a 49-year-old man and 39-year-old woman switch seats as he approached, though neither admitted it. Initially, the woman was the driver, but when the officer reached the car, he found that the man was in the driver's seat.

When the officer proceeded to give field sobriety tests to the couple in the double DUI, the man urinated on himself. The woman admitted to having consumed Hydrocodone and Tylenol in addition to alcohol.

The woman blew a reported 0.045 and the man blew a .072. Though the numbers are less than the Arizona DUI limit of .08, given the fact that the couple was visibly drunk and out of control, they were charged with DUI “to a slightest degree” as well as DUI drug.

Further, a search warrant was issued to allow the authorities to take the man’s blood, because he had initially refused to take certain tests at the police station.

Commonly known as “breathalyzers,” — or Intoxilyzer — breath analysis testing devices offer strong evidence concerning a suspect’s BAC, but they are not infallible. Courts regularly accept breathalyzer evidence as sufficient proof of a defendant’s BAC, but the police department must demonstrate that the testing device in question can produce reliable results. Many DUI defendants have successfully challenged the breathalyzer evidence brought against them, thus putting a serious dent in the prosecution’s case.

However drivers should consider that a little stunt like switching seats can really blow your case, no matter what the BAC says.

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