Moss v. Superior Court In and For County of La Paz
In Moss v. Superior Court In and For County of La Paz, 175 Ariz. 348, 353, 857 P.2d 400, 405 (App. 1993), the Court agreed that the evidence in a per se DUI case based on breath alcohol concentration is "not the breath itself but rather the Intoxilyzer results obtained from the breath samples." Moss, 175 Ariz. at 353-54, 857 P.2d at 405-06.
It was because of this, in conjunction with the advances in reliability and accuracy of the testing itself, that we found that due process did not require breath samples to be provided to DUI suspects. Id.
The Court reasoned that the actual breath samples "no longer provide a 'meaningful' mode of impeaching blood alcohol test results . . .," and defendants could challenge the results by showing errors in the machine or in the operator, or extraneous conditions affecting the results. Id. at 354, 857 P.2d at 406.