Phoenix DUI Law Blog

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…

The issue of implied consent has been a hot topic in courts across the United States since the Supreme Court decided Birchfield v. North Dakota, which allowed warrantless breath tests to be conducted (but disallowed warrantless blood tests). In its most recent Arizona DUI opinion, the Arizona Supreme Court discussed whether Arizona’s implied-consent statute requires…

A few posts ago, we discussed Arizona’s implied consent statute, which provides that anyone who operates a vehicle on a public road implicitly consents to chemical testing if police suspect they are under the influence. In the post, we also discussed that while motorists have no legal basis for refusing a test, they cannot be…

The most common type of chemical test performed by police in Arizona DUI cases is breath testing. Breath testing measures the amount of alcohol in a person’s breath and converts the figure to blood-alcohol content. Police prefer breath testing in many cases because it is faster and less expensive than blood or urine testing. Practically…

Police officers have an interest in removing intoxicated drivers from the road. However, in trying to locate and arrest potentially drunk drivers, police officers must respect the rights of all motorists. Thus, police officers can only stop a vehicle under certain circumstances. For the most part, an officer must observe some indicia of dangerous driving…

Arizona police and lawmakers take the issue of driving under the influence (DUI) very seriously. Indeed, according to a recent news source, Arizona Police claim that there were nearly 27,000 Arizona DUI arrests in 2018. That figure has remained relatively constant over the past several years, ever since police stepped up enforcement of DUIs, especially…

Most drivers are aware that the blood-alcohol limit in Arizona is .08 for adults. Indeed, the .08 limit has been the federal standard for intoxication since 1996, when Congress mandated all states decrease their limits to .08 or risk a loss of federal highway funding. Since then, states have maintained the .08 limit. However, just…

Under the Fourth Amendment to the United States Constitution, citizens are protected from “unreasonable” searches and seizures. This includes requiring a driver to take a blood or breath test. Over the years, courts have described what constitutes an unreasonable search or seizure. In general, police must have a search warrant in order to show that…

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…