Articles Posted in DUI Case Law

In April 2019, the U.S. Supreme Court heard oral argument in a case that may call into question the constitutionality of a significant part of Arizona’s implied consent statute. The specific question posed by the case is whether a law that allows a blood test from an unconscious driver provides an exception to the Fourth…

Expert testimony is often necessary in Arizona DUI cases. Therefore, understanding the use and limits of expert testimony is essential. In a recent Arizona DUI case, an appellate court considered whether the trial court exceeded its authority in limiting expert testimony. According to the court’s decision, the defendant was driving in Tucson, when his car…

In a recent case, an Arizona court of appeals held that an Arizona DUI sentence should stand because the court’s correction of the unlawful sentence was made too late. According to the court’s opinion, in 2016, the defendant was convicted of aggravated driving under the influence and aggravated driving with a Blood Alcohol Content (BAC)…

Recently, a state appellate court issued an opinion in an Arizona DUI case discussing the elements of an aggravated DUI under Arizona Revised Statutes (A.R.S.) section 28-1383(A)(3). Ultimately, the court determined that the prosecution established evidence of each element, and affirmed the jury’s guilty verdict. According to the court’s opinion, the defendant was driving a…

Under Arizona law, there is a general rule that a person who is charged with a crime can prevent their spouse from testifying against them. This is even the case if the other spouse wants to testify against the spouse who is charged with a crime. The rule, called the anti-marital fact privilege, or spousal…

Earlier this month, a state appellate court issued a written opinion in an Arizona drug case involving allegations that the defendant possessed methamphetamine with the intent to deliver. The case presented the court with the opportunity to discuss whether the results of a blood test that was administered to the defendant on the day of…

Earlier this year, a state appellate court issued a written opinion in an Arizona DUI case discussing whether a police officer had reasonable suspicion to pull over the vehicle the defendant was driving based on the fact that the officer knew the owner of that vehicle had a suspended driver’s license. Ultimately, the court concluded…

The Sixth Amendment to the United States Constitution provides that those who are charged with criminal offenses have the right to counsel at all critical stages of a legal proceeding. Relatedly, the Fifth Amendment provides that no person can be compelled to be a witness against themselves in a criminal trial. Thus, in the 1966…

Normally, after someone is found guilty of an Arizona DUI charge by a judge or jury, they are able to appeal the case to a higher court, arguing that their conviction should be reversed or a new trial granted based upon some legal error committed at the court below. There are many types of errors…

Recently, a state appellate court issued an opinion in an Arizona DUI case requiring the court to determine if the evidence presented by the prosecution was sufficient to convict the defendant. Specifically, the defendant challenged the finding that she was operating the vehicle. Ultimately, the court upheld the defendant’s conviction, finding that the fact that…