Intoxilyzer test in Arizona

14 Arizona opinions name it 2 courts 1982–2003 0 in the last five years

The cases below were cited by Arizona courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

Case	Followed	Cited
Moss v. Superior Courtgreen arizctapp · 1993 · cited in 3 Arizona opinions naming this issue, 1996–2003 2 sentences 2003See id. at 485 , 799 P.2d at 826 (“Intoxilyzer test results are considered extremely accurate.”); State v. O’Dell, 202 Ariz. 453, ¶ 23 , 46 P.3d 1074, ¶ 23 (App.2002) (noting “the reliability of the Intoxilyzer 5000”); State v. Sanchez, 192 Ariz. 454, 457 , 967 P.2d 129, 132 (App.1998) (“ ‘Tests performed on the Intoxilyzer 5000 are ... accurate.’ ”), quoting State v. Bolan, 187 Ariz. 159, 162 , 927 P.2d 819, 822 (App.1996); Moss v. Superior Court, 175 Ariz. 348, 353 , 857 P.2d 400, 405 (App.1993) (“The Intoxilyzer 5000 is a very accurate and reliable testing method with built-in safeguards.”) 2003See id. at 485 , 799 P.2d at 826 (“Intoxilyzer test results are considered extremely accurate.”); State v. O’Dell, 202 Ariz. 453, ¶ 23 , 46 P.3d 1074, ¶ 23 (App.2002) (noting “the reliability of the Intoxilyzer 5000”); State v. Sanchez, 192 Ariz. 454, 457 , 967 P.2d 129, 132 (App.1998) (“ ‘Tests performed on the Intoxilyzer 5000 are ... accurate.’ ”), quoting State v. Bolan, 187 Ariz. 159, 162 , 927 P.2d 819, 822 (App.1996); Moss v. Superior Court, 175 Ariz. 348, 353 , 857 P.2d 400, 405 (App.1993) (“The Intoxilyzer 5000 is a very accurate and reliable testing method with built-in safeguards.”)	2	3
State v. Velascogreen ariz · 1990 · cited in 3 Arizona opinions naming this issue, 1993–2003 2 sentences 2003See id. at 485 , 799 P.2d at 826 (“Intoxilyzer test results are considered extremely accurate.”); State v. O’Dell, 202 Ariz. 453, ¶ 23 , 46 P.3d 1074, ¶ 23 (App.2002) (noting “the reliability of the Intoxilyzer 5000”); State v. Sanchez, 192 Ariz. 454, 457 , 967 P.2d 129, 132 (App.1998) (“ ‘Tests performed on the Intoxilyzer 5000 are ... accurate.’ ”), quoting State v. Bolan, 187 Ariz. 159, 162 , 927 P.2d 819, 822 (App.1996); Moss v. Superior Court, 175 Ariz. 348, 353 , 857 P.2d 400, 405 (App.1993) (“The Intoxilyzer 5000 is a very accurate and reliable testing method with built-in safeguards.”) 2003See id. at 485 , 799 P.2d at 826 (“Intoxilyzer test results are considered extremely accurate.”); State v. O’Dell, 202 Ariz. 453, ¶ 23 , 46 P.3d 1074, ¶ 23 (App.2002) (noting “the reliability of the Intoxilyzer 5000”); State v. Sanchez, 192 Ariz. 454, 457 , 967 P.2d 129, 132 (App.1998) (“ ‘Tests performed on the Intoxilyzer 5000 are ... accurate.’ ”), quoting State v. Bolan, 187 Ariz. 159, 162 , 927 P.2d 819, 822 (App.1996); Moss v. Superior Court, 175 Ariz. 348, 353 , 857 P.2d 400, 405 (App.1993) (“The Intoxilyzer 5000 is a very accurate and reliable testing method with built-in safeguards.”)	2	3
State v. Bolangreen arizctapp · 1996 · cited in 2 Arizona opinions naming this issue, 2003–2003 2 sentences 2003See id. at 485 , 799 P.2d at 826 (“Intoxilyzer test results are considered extremely accurate.”); State v. O’Dell, 202 Ariz. 453, ¶ 23 , 46 P.3d 1074, ¶ 23 (App.2002) (noting “the reliability of the Intoxilyzer 5000”); State v. Sanchez, 192 Ariz. 454, 457 , 967 P.2d 129, 132 (App.1998) (“ ‘Tests performed on the Intoxilyzer 5000 are ... accurate.’ ”), quoting State v. Bolan, 187 Ariz. 159, 162 , 927 P.2d 819, 822 (App.1996); Moss v. Superior Court, 175 Ariz. 348, 353 , 857 P.2d 400, 405 (App.1993) (“The Intoxilyzer 5000 is a very accurate and reliable testing method with built-in safeguards.”) 2003See id. at 485 , 799 P.2d at 826 (“Intoxilyzer test results are considered extremely accurate.”); State v. O’Dell, 202 Ariz. 453, ¶ 23 , 46 P.3d 1074, ¶ 23 (App.2002) (noting “the reliability of the Intoxilyzer 5000”); State v. Sanchez, 192 Ariz. 454, 457 , 967 P.2d 129, 132 (App.1998) (“ ‘Tests performed on the Intoxilyzer 5000 are ... accurate.’ ”), quoting State v. Bolan, 187 Ariz. 159, 162 , 927 P.2d 819, 822 (App.1996); Moss v. Superior Court, 175 Ariz. 348, 353 , 857 P.2d 400, 405 (App.1993) (“The Intoxilyzer 5000 is a very accurate and reliable testing method with built-in safeguards.”)	2	2
State v. Sanchezgreen arizctapp · 1998 · cited in 2 Arizona opinions naming this issue, 2003–2003 2 sentences 2003See id. at 485 , 799 P.2d at 826 (“Intoxilyzer test results are considered extremely accurate.”); State v. O’Dell, 202 Ariz. 453, ¶ 23 , 46 P.3d 1074, ¶ 23 (App.2002) (noting “the reliability of the Intoxilyzer 5000”); State v. Sanchez, 192 Ariz. 454, 457 , 967 P.2d 129, 132 (App.1998) (“ ‘Tests performed on the Intoxilyzer 5000 are ... accurate.’ ”), quoting State v. Bolan, 187 Ariz. 159, 162 , 927 P.2d 819, 822 (App.1996); Moss v. Superior Court, 175 Ariz. 348, 353 , 857 P.2d 400, 405 (App.1993) (“The Intoxilyzer 5000 is a very accurate and reliable testing method with built-in safeguards.”) 2003See id. at 485 , 799 P.2d at 826 (“Intoxilyzer test results are considered extremely accurate.”); State v. O’Dell, 202 Ariz. 453, ¶ 23 , 46 P.3d 1074, ¶ 23 (App.2002) (noting “the reliability of the Intoxilyzer 5000”); State v. Sanchez, 192 Ariz. 454, 457 , 967 P.2d 129, 132 (App.1998) (“ ‘Tests performed on the Intoxilyzer 5000 are ... accurate.’ ”), quoting State v. Bolan, 187 Ariz. 159, 162 , 927 P.2d 819, 822 (App.1996); Moss v. Superior Court, 175 Ariz. 348, 353 , 857 P.2d 400, 405 (App.1993) (“The Intoxilyzer 5000 is a very accurate and reliable testing method with built-in safeguards.”)	2	2
State v. Van Adamsgreen ariz · 1999 · cited in 2 Arizona opinions naming this issue, 2003–2003 2 sentences 2003See State v. Van Adams, 194 Ariz. 408, ¶ 34 , 984 P.2d 16, ¶ 34 (1999); Wozniak v. Galati, 325 200 Ariz. 550, ¶ 11 , 30 P.3d 131, ¶ 11 (App.2001). 2003See State v. Van Adams, 194 Ariz. 408, ¶ 34 , 984 P.2d 16, ¶ 34 (1999); Wozniak v. Galati, 325 200 Ariz. 550, ¶ 11 , 30 P.3d 131, ¶ 11 (App.2001).	2	2
Wozniak v. Galatigreen arizctapp · 2001 · cited in 2 Arizona opinions naming this issue, 2003–2003 2 sentences 2003See State v. Van Adams, 194 Ariz. 408, ¶ 34 , 984 P.2d 16, ¶ 34 (1999); Wozniak v. Galati, 325 200 Ariz. 550, ¶ 11 , 30 P.3d 131, ¶ 11 (App.2001). 2003See State v. Van Adams, 194 Ariz. 408, ¶ 34 , 984 P.2d 16, ¶ 34 (1999); Wozniak v. Galati, 325 200 Ariz. 550, ¶ 11 , 30 P.3d 131, ¶ 11 (App.2001).	2	2
State v. O'DELLgreen arizctapp · 2002 · cited in 2 Arizona opinions naming this issue, 2003–2003 2 sentences 2003See id. at 485 , 799 P.2d at 826 (“Intoxilyzer test results are considered extremely accurate.”); State v. O’Dell, 202 Ariz. 453, ¶ 23 , 46 P.3d 1074, ¶ 23 (App.2002) (noting “the reliability of the Intoxilyzer 5000”); State v. Sanchez, 192 Ariz. 454, 457 , 967 P.2d 129, 132 (App.1998) (“ ‘Tests performed on the Intoxilyzer 5000 are ... accurate.’ ”), quoting State v. Bolan, 187 Ariz. 159, 162 , 927 P.2d 819, 822 (App.1996); Moss v. Superior Court, 175 Ariz. 348, 353 , 857 P.2d 400, 405 (App.1993) (“The Intoxilyzer 5000 is a very accurate and reliable testing method with built-in safeguards.”) 2003See id. at 485 , 799 P.2d at 826 (“Intoxilyzer test results are considered extremely accurate.”); State v. O’Dell, 202 Ariz. 453, ¶ 23 , 46 P.3d 1074, ¶ 23 (App.2002) (noting “the reliability of the Intoxilyzer 5000”); State v. Sanchez, 192 Ariz. 454, 457 , 967 P.2d 129, 132 (App.1998) (“ ‘Tests performed on the Intoxilyzer 5000 are ... accurate.’ ”), quoting State v. Bolan, 187 Ariz. 159, 162 , 927 P.2d 819, 822 (App.1996); Moss v. Superior Court, 175 Ariz. 348, 353 , 857 P.2d 400, 405 (App.1993) (“The Intoxilyzer 5000 is a very accurate and reliable testing method with built-in safeguards.”)	2	2
State v. Superior Courtgreen ariz · 1986 · cited in 1 Arizona opinions naming this issue, 1992–1992 2 sentences 1992See generally State v. Superior Court (Blake), 149 Ariz. 269 , 718 P.2d 171 (1986). 1992See generally State v. Superior Court (Blake), 149 Ariz. 269 , 718 P.2d 171 (1986).	1	1
South Dakota v. Nevillegreen scotus · 1983 · cited in 1 Arizona opinions naming this issue, 1986–1986 2 sentences 1986See, e.g., South Dakota v. Neville, 459 U.S. 553 , 103 S.Ct. 916 , 74 L.Ed.2d 748 (1983). 1986See, e.g., South Dakota v. Neville, 459 U.S. 553 , 103 S.Ct. 916 , 74 L.Ed.2d 748 (1983).	1	1
State v. Clowgreen ariz · 1981 · cited in 1 Arizona opinions naming this issue, 1985–1985 2 sentences 1985State v. Clow, 130 Ariz. 125, 127 , 634 P.2d 576, 578 (1981). 1985State v. Clow, 130 Ariz. 125, 127 , 634 P.2d 576, 578 (1981).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway.

Also cited on this issue (6)

Case	Cited	Years
Frye v. United States red cadc · 1923 2 sentences 1991Cases construing Rule 702 have held that the proponent of evidence based on scientific, technical or specialized knowledge must make a showing of general acceptance under the rule of Frye v. United States, 293 Fed. 1013 (D.C.Cir. 1923). 1984Cases construing Rule 702 have held that the proponent of evidence based on scientific, technical or specialized knowledge must make a showing of general acceptance under the rule of Frye v. United States, 293 Fed. 1013 (D.C.Cir.1923).	2	1984–1991
Desmond v. Superior Court green ariz · 1989 2 sentences 1990“If the BAC is falling at the time the test is administered, the reading will be less than what the BAC was at the time the driver was stopped.” On the other hand, “if the BAC is rising, the reading will be greater than the BAC at the time the driver is stopped.” Finally, the court stated that, “in some instances, the BAC will rise after the driver is stopped, peak and then recede, producing a BAC that is the same as the BAC at the time the driver was stopped.” Id. at 527 , 779 P.2d at 1266 . 1990“If the BAC is falling at the time the test is administered, the reading will be less than what the BAC was at the time the driver was stopped.” On the other hand, “if the BAC is rising, the reading will be greater than the BAC at the time the driver is stopped.” Finally, the court stated that, “in some instances, the BAC will rise after the driver is stopped, peak and then recede, producing a BAC that is the same as the BAC at the time the driver was stopped.” Id. at 527 , 779 P.2d at 1266 .	1	1990–1990
State v. SUPERIOR COURT, IN & FOR PIMA C. green ariz · 1987 2 sentences 1988In State v. Superior Court, 154 Ariz. 574 , 744 P.2d 675 (1987), the defendant was arrested and was read portions of the implied consent law including the statement, “You will not be allowed to call an attorney before deciding if you will take this test.” The supreme court noted in a footnote: This may have been bad advice. 1988In State v. Superior Court, 154 Ariz. 574 , 744 P.2d 675 (1987), the defendant was arrested and was read portions of the implied consent law including the statement, “You will not be allowed to call an attorney before deciding if you will take this test.” The supreme court noted in a footnote: This may have been bad advice.	1	1988–1988
State v. Superior Court green arizctapp · 1986 2 sentences 1987Zettie Jane Hays, real party in interest, petitioned this court to review the decision of the Court of Appeals, 155 Ariz. 403 , 747 P.2d 564 , holding that she was not entitled to an evidentiary hearing by the trial court on the issue of whether she had voluntarily refused to submit to an intoxilyzer test after her arrest for driving under the influence of alcohol. 1987Zettie Jane Hays, real party in interest, petitioned this court to review the decision of the Court of Appeals, 155 Ariz. 403 , 747 P.2d 564 , holding that she was not entitled to an evidentiary hearing by the trial court on the issue of whether she had voluntarily refused to submit to an intoxilyzer test after her arrest for driving under the influence of alcohol.	1	1987–1987
Amos v. Bowen green arizctapp · 1984 2 sentences 1987In Amos the suspect waived his right to the preservation of the breath sample, but stated that he wanted an independent blood test and signed the intoxilyzer test checklist to that effect. 143 Ariz. at 327 , 693 P.2d at 982 . 1987In Amos the suspect waived his right to the preservation of the breath sample, but stated that he wanted an independent blood test and signed the intoxilyzer test checklist to that effect. 143 Ariz. at 327 , 693 P.2d at 982 .	1	1987–1987
State Baumert v. Mun. Ct. of City of Phoenix neutral arizctapp · 1978 2 sentences 1982Baumert v. Municipal Court of the City of Phoenix, 119 Ariz. 142 , 579 P.2d 1112 (App.1978) requires such a suppression. 1982Baumert v. Municipal Court of the City of Phoenix, 119 Ariz. 142 , 579 P.2d 1112 (App.1978) requires such a suppression.	1	1982–1982

Where else courts name it

TX 103 (1985–2021) ND 90 (1985–2025) OR 34 (1981–2025) HI 32 (1985–2021) MN 31 (1986–2019) MS 24 (1992–2021) OH 22 (1980–2024) NC 18 (1999–2024) ME 16 (1983–2020) DE 15 (1996–2025) GA 14 (1998–2016) AZ 14 (1982–2003) PA 12 (1986–2023) NY 11 (1991–2024) NE 10 (1987–2020) CO 10 (1984–2002) KS 9 (1998–2021) LA 9 (1996–2008) UT 8 (1988–2019) IN 7 (1986–2004) AL 6 (1988–1997) CA 5 (1985–2014) IL 5 (1984–2010) IA 5 (1996–2016) SD 3 (1994–2009) WI 3 (1994–2019)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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