Ruling allows use of Scottsdale DUI results - wave3.com-Louisville News, Weather & Sports

Ruling allows use of Scottsdale DUI results

SCOTTSDALE, AZ (CBS5) -

The Arizona Court of Appeals overturned a judge's ruling that Scottsdale crime lab results of blood-alcohol tests for 10 DUI defendants cannot be used as evidence.

The court's decision vacates a ruling by a Maricopa County Superior Court judge on the reliability of blood-testing equipment used by the police crime lab.

The ruling by a three-judge panel lifts a legal hold on the defendants' cases and allows them to proceed.

"It is particularly significant that the Superior Court found no evidence that any of Defendants' SCL BAC test results were inaccurate or incorrect," the court wrote in its ruling.

The court also said that in addition to the vials of blood that were tested in the DUI cases, a second vial of blood was drawn by law enforcement officers from each defendant.

"Although the second vial of blood is available for independent testing by defendants, the record does not contain any independent test results conducted by any of the defendants," the court wrote.

The cases stemmed from arrests made between November 2009 and February 2012.

BAC results obtained by the crime lab ranged from 0.143 percent to 0.318 percent. Under Arizona law, the BAC threshold for DUI is 0.08 percent, while the threshold for extreme DUI is 0.15 percent.

"We are gratified that the Court of Appeals has agreed with the State that there is no justification for keeping this evidence from being presented to jurors in these cases and now the process can continue to move forward," said Scottsdale Police Chief Alan Rodbell.

Copyright 2014 CBS 5 (KPHO Broadcasting Corporation). All rights reserved. The Associated Press contributed to this report.

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