Phoenix DUI Law Blog

Earlier this month, a state appellate court issued a written opinion in an Arizona DUI case affirming the defendant’s conviction. The case required the court to determine if police were required to obtain a warrant before taking the defendant’s blood. Ultimately, because the defendant gave his consent for the blood draw, the court determined that…

Over the past decade, there has been a shift in society’s attitude towards marijuana. As a result, many states have legalized medical marijuana, decriminalized possession of a small amount of marijuana, and even legalized recreational use of marijuana. According to a recent news report, a 2020 ballot initiative in Arizona seeks to legalize recreational use…

When a police officer pulls someone over for suspicion of driving under the influence of alcohol or drugs, the officer may perform field sobriety tests (FSTs) on the driver before administering a breath or blood test. Officers use field sobriety tests to determine, in their opinion, whether someone is intoxicated. If the officer believes that…

The admissibility of blood-test evidence is currently a hot topic in DUI law, with the United States Supreme Court deciding three cases on the subject in the past few years. Often, the issue that comes up in these cases is whether the police officers were able to legally obtain a blood sample based on the…

In a recent decision from an Arizona appeals court, the court upheld a DUI conviction for an individual after the arresting officer’s death. The defendant was convicted of two counts of aggravated driving under the influence, two counts of aggravated driving with an illegal drug in his body, and possession of drug paraphernalia and possession…

An Arizona appeals court recently affirmed a defendant’s DUI convictions in a DUI case involving the use of prescription drugs, that the defendant claimed were used as prescribed. According to the evidence presented at trial, the defendant was driving down a two-lane road one evening while speeding and passing other vehicles. At some point, the…

The opinions of the United States Supreme Court are the law of the land and generally must be followed by all states. Often, the Supreme Court decides which cases to choose based on the issues that are presented in the case. Typically, the Court will select cases that raise legal questions that are unclear or…

In the vast majority of Arizona DUI cases, the applicable law that governs the case is that of the jurisdiction where the offense occurred. However, in very rare circumstances, another state’s laws may apply. This puts state courts in the difficult position of applying a foreign jurisdiction’s law. In a recent Arizona DUI case, the…

Law enforcement officers frequently focus their DUI enforcement efforts on long weekends and holidays under the assumption that people are more likely to drink and drive when they are out celebrating with friends and family. According to a recent news report, there were a total of 503 Arizona DUI arrests over Memorial Day weekend. Of…

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…