Phoenix DUI Law Blog

Earlier this month, a state appellate court issued an opinion affirming a trial court’s decision to grant a defendant’s motion to suppress in an Arizona DUI case. The case required the court to review the state’s claim that reasonable suspicion supported the traffic stop. After viewing dashcam footage from the officer’s vehicle, the trial court…

To prevent against the spread of the novel coronavirus, or COVID-19 as it has come to be known, Governor Ducey signed an executive order requiring schools close, many businesses close, and residents stay inside their homes except for certain specified reasons. The Governor’s order, referred to as “Stay Home, Stay Healthy, Stay Connected,” went into…

In March of this year, a state appellate court issued a written opinion in an Arizona DUI case involving the defendant’s motion to suppress evidence that was recovered during the traffic stop that led to his arrest. Specifically, the defendant claimed that the police illegally seized him after they found out that he did not…

Before someone can be found guilty of a crime, the prosecution must prove each element of the offense beyond a reasonable doubt. When it comes to Arizona DUI charges, the prosecution must show not only that the driver was intoxicated, but also that they were in “actual physical control” of the vehicle. This is commonly…

In Arizona, it is against the law to drive while under the influence of drugs or alcohol. Routinely, clients facing Arizona DUI charges are surprised to see that their blood or breath contained as much of a substance as the test results indicate. Thus, this post is dedicated to informing motorists about the length of…

When the government brings a criminal case against a citizen, it is the government’s burden to prove each element of the offense beyond a reasonable doubt. Specific to Arizona DUI cases, the prosecution must prove that the defendant was intoxicated and that they were in physical control of a vehicle. This second element was the…

One of the most important roles of a judge or jury overseeing an Arizona DUI case is to weigh a witnesses’ credibility. Not every witness is completely accurate in their recollection of the events they testify about. It may be that a witnesses’ memory is imperfect, or that they are biased in some way. Bias…

In any Arizona DUI case, the defendant can file a motion to suppress certain evidence. When a motion to suppress is filed, it is the prosecution’s burden to prove that the evidence it is intending on using at trial was lawfully obtained. Often, Arizona motions to suppress focus on statements that were made prior to…

When someone consumes alcohol, their blood-alcohol content (BAC) will increase over time, before it starts to decrease as the alcohol dissipates from their blood. For many Arizona DUI offenses, the prosecution must prove that the defendant’s blood was above the legal limit. Thus, police officers will often try to take a driver’s blood as quickly…

The United States and Arizona Constitutions each provide the citizens of Arizona with many important rights when they are charged with a crime. As a matter of constitutional law, the protections provided by federal law act as a floor, meaning that states cannot offer their citizens fewer rights. However, states can choose to provide citizens…