Phoenix DUI Law Blog

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…

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…

Given the manner in which Arizona DUI laws are written and enforced, most people who are arrested and charged with an Arizona DUI offense have no idea that they were over the legal limit or were still under the influence of an intoxicating substance. Thus, the fact that Arizona has one of the strictest –…

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…

Recently, a state appellate court issued a written opinion in an Arizona aggravated DUI case that was brought against a man who was arrested for driving while under the influence while his license was suspended. The case required the court to determine if the lower court properly instructed the jurors that they could presume the…

Late last month, a state appellate court issued a written opinion in an Arizona DUI case in which the court had to determine if the officer’s arrest of the defendant was supported by probable cause. The case gave the court the opportunity to discuss probable cause in the DUI context, and what the prosecution must…

While getting pulled over may seem random – and indeed, sometimes it is – police officers are not permitted to pull motorists over for no reason. In fact, when a traffic stop is challenged, police officers must be able to articulate the reasons they relied upon for stopping a motorist. If a police officer does…

In a recent opinion, an Arizona state court discussed the “medical draw exception” to the general requirement that police obtain a search warrant before taking the blood of someone they suspect to be under the influence. The case offered the court the opportunity to clarify the narrow set of circumstances under which the exception applies.…