The Facts of the Case

According to the court’s opinion, two women were leaving a casino by car. A police officer noticed that the vehicle had only one working headlight and pulled the driver over. The defendant, who was the front-seat passenger, sat and waited as the officer conducted the investigation.

Initially, the officer asked if he could search the car. The driver declined, explaining that it was her son’s car. However, the driver allowed the officer to search her purse, where he found nothing. Then, the officer informed the driver that he suspected she was under the influence. He removed the driver, performed field sobriety tests, and determined that she was not impaired.

However, the officer told the driver he thought, “something else is going on here tonight.” The officer told the driver he wasn’t going to take her to jail and that he just wanted her to be honest. After another three minutes passed, the driver allowed the officer to search her backpack, where he found two pipes used to smoke methamphetamine and a scale. The officer then searched the defendant’s purse, finding another pipe and methamphetamine. In total, the traffic stop took nearly 25 minutes.

The driver challenged the traffic stop in a pre-trial motion to suppress but was unsuccessful based on the court’s finding that she consented to the search. The defendant never joined the driver’s motion but instead argued that the officer’s continued investigation after finding no evidence of criminal activity resulted in an unreasonable seizure under Rodriguez v. U.S. The court denied the defendant’s motion, found her guilty, and sentenced her to six years in jail.

The defendant appealed the denial of the driver’s motion to suppress, as well as her own. The court rejected both of the defendant’s claims. First, the court found that, even if the defendant had the legal ability to appeal the denial of the driver’s motion, the lower court properly found that the driver’s consent was validly given.

Second, the court determined that the officer did not impermissibly extend the length of the traffic stop. The court noted that the officer provided several reasons why he thought the two women were engaged in criminal activity, including 1.) the seemingly unusual relationship between the two women, 2.) the high-crime nature of the area, 3.) the distance from their home, 4.) their criminal records, and 5.) their nervous behavior. The court determined that, given the officer’s findings, he was justified in continuing to investigate any possible wrongdoing.

Have You Been Arrested After an Arizona DUI Stop?

Police officers have broad authority to investigate crimes, including Arizona DUI offenses. However, this authority is not without its limits. When officers conduct an illegal traffic stop or extend the length of a stop without a valid reason, any evidence discovered as a result of the stop may be kept out of trial. Attorney James E. Novak is a dedicated Tempe criminal defense attorney with extensive experience handling all types of DUI and drug offenses. He is knowledgeable in the evolving laws that govern these cases and aggressively stands up for his clients’ rights at every stage of the process. To learn more, and to schedule a free consultation, call the Law Office of James E. Novak at 480-413-1499 today.

The Facts of the Case

According to the court’s opinion, at around 2 a.m., an officer was on patrol in an area that was known as a road used by drunk drivers. The officer noticed the defendant pass by, traveling about 10 miles per hour over the speed limit. The officer noted no other traffic infraction.

When the officer approached the vehicle, he noticed the defendant’s eyes were watery and bloodshot, and the car smelled of alcohol. The defendant admitted to having something to drink, but explained that he was not feeling the effects of the alcohol. The defendant understood all the officer’s questions and responded in a clear manner. However, the officer then performed a horizontal nystagmus test to determine if the defendant was intoxicated or tired.

After noticing that the defendant’s eyes did not smoothly track, the officer asked the defendant out of the vehicle and performed additional field sobriety tests, culminating in a breath test. After the results of the breath test indicated that the defendant’s blood-alcohol content was over the legal limit, the officer arrested the defendant.

The defendant filed a motion to suppress, arguing that at the time the officer asked the defendant to get out of the car, the officer lacked reasonable suspicion to believe the defendant was impaired by alcohol. The defendant focused on the distinction between having a little to drink and then driving, which is legal, and driving with a blood-alcohol content over the legal limit. The defendant claimed, at most, the officer had a reasonable suspicion that he had consumed alcohol, but not that he was impaired.

The court rejected the defendant’s argument, finding that, looking at the totality of the circumstances, the officer’s decision to remove the defendant from the vehicle was justified. The court relied on the following facts:

• the time of night;
• the location of the traffic stop;
• the car was speeding;
• the defendant’s eyes were watery and bloodshot;
• the odor of alcohol coming from the car;
• the defendant’s admission to consuming alcohol earlier that evening;
• the result of the horizontal nystagmus test

The court found that all these factors, when considered together, gave rise to a reasonable suspicion that the defendant was intoxicated.

Have You Been Arrested for an Arizona DUI?

If you recently were arrested and charged with an Arizona drunk driving offense, contact attorney James E. Novak for immediate assistance. Police officers routinely make mistakes that can result in the inadmissibility of evidence, making it impossible for prosecutors to prove their case. Attorney Novak is a respected Tempe DUI defense attorney with extensive experience handling all types of DUI offenses, including first-time DUI arrests. To learn more, and to schedule a free consultation to meet with Attorney Novak and discuss your case, call 480-413-1499 today.

In Arizona, a DUI conviction carries serious consequences including the punishments doled out by the state, but also in terms of the collateral consequences that come along with a conviction. Thus, it is important to clear up the common misconception that an Arizona DUI case cannot be fought. In fact, there are several ways that an experienced Arizona DUI defense attorney can help a client beat their DUI case.

Motions to Suppress

If evidence that the state plans to use against a defendant was obtained in an unlawful manner, the defendant can file a motion to suppress that evidence. If the motion is granted, then the prosecution will be precluded from using the evidence. In many Arizona DUI cases, this leaves the prosecution with little evidence that a motorist was under the influence and may result in the withdrawal of a case.

There are many reasons a defendant may file a motion to suppress, including:

• Disputing the validity or duration of a traffic stop;
• Arguing that there was a lack of probable cause to arrest the defendant on suspicion of DUI; and
• Challenging the reliability or methodology of the chemical test results.

Challenges to the Sufficiency of the Evidence

If there is no viable motion to suppress, or the court denies a defendant’s motion, an Arizona DUI may still be fought at trial. To prove someone guilty of an Arizona DUI, the prosecution must establish both the operation and intoxication elements. More precisely, the prosecution must establish that the defendant was in “actual physical control” of the vehicle and was “under the influence” of a substance.

Under Arizona case law, a driver can be in actual physical control of a vehicle when the vehicle is not moving. However, courts consider many factors when assessing this element including the driver’s location in the vehicle, the location of the keys and whether the car is running. In some Arizona DUI cases involving an accident, police arrive on the scene after the defendant has exited the car. This can create difficulty for the prosecution in establishing who was driving at the time of the accident.

When it comes to establishing the intoxication element, most alcohol DUIs rely on a chemical testing that shows the driver’s blood-alcohol level was over the legal limit. In some cases, Arizona law allows for a driver to be convicted of a DUI even when their blood-alcohol content is less than the legal limit. This is called “slightest impairment” DUI. However, when the prosecution moves under a slightest-impairment analysis, mere proof of alcohol in a driver’s blood will not be sufficient to sustain a conviction; the state must also show that the driver was actually impaired by the alcohol.

Have You Been Arrested for an Arizona DUI?

If you have recently been arrested for an Arizona DUI, you may have more options than you think. Many Arizona DUI cases can be fought. At the Law Office of James Novak, we take pride in our extensive history defending the rights of those charged with DUI offenses. Attorney Novak is a veteran Arizona criminal defense attorney with decades of experience handling all types of Arizona DUI crimes, and fights vigorously on behalf of each of his clients. To learn more, call 480-413-1499 to schedule a free consultation today.

Additional Resources:

• A.R.S. section 13-3925
• A.R.S. section 28-1381

Other Articles of Interest from The Law Office of James Novak’s Phoenix DUI Blog: Court Discusses Spousal Privilege in Recent Arizona DUI Case, Phoenix DUI Law Blog, December 11, 2018

Arizona’s Underage DUI Laws, Phoenix DUI Law Blog, January 10, 2019

Our DUI defense attorneys have helped countless people facing drunk driving charges, and the following tips on traffic stops will help you understand what to do in case you are pulled over.

Nervousness Is Normal, But Stay Calm

When you’re stopped by law enforcement, a bevy of thoughts may race through your mind. It might be easy to simply panic in such a trying situation. However, if you find yourself in such a situation, panicking should be the last thing that you do. Below are a few tips to keep in mind to help you how to handle a DUI stop

Be Polite and Courteous

No matter how agitated or unjustified you feel your DUI stop was, always stay calm and be polite to your officer. While you may be tempted to state your case, keep in mind that police officers are trained to control the situation, and as such, as equipped with a number of methods to do so. There is rarely any benefit to mouthing off to an officer, and doing so may ultimately find you in deeper trouble than you were originally in for your DUI stop.

Have Your License and Registration Ready or Easy to Find

Make sure you have your license and registration are both easily accessible. You are already in a precarious situation, and making it difficult to locate your paperwork will put you in an even more difficult situation to navigate as your officer processes your DUI stop.

Assert Your Rights Regarding Field Sobriety Tests

If a police officer asks you to perform a physical act to test your sobriety, feel free to politely decline. The only test you are required to take in this situation is a chemical test. However, it is not a punishable act to decline any additional tests to determine whether or not you are sober during your DUI stop.

Avoid Actions That Would Otherwise Result In a Traffic Stop

Many times people may be just at or slightly over the legal limit but something about their driving will result in cause for a traffic stop. Here are some basic things that lead to people to being pulled over regardless of intoxication:

• Broken are shoddy front or rear vehicle lights
• Missing or damaged license plates on either or both sides of your vehicle
• Reckless driving, including ignoring stoplights and/or street signs, and especially speeding
• Suspicious behavior, including swerving and weaving between lanes with abandon

Additional Points to Know During Your DUI Stop

The best way, of course, to avoid being pulled over for a DUI stop would be to avoid the situation altogether. If you feel you may be too impaired to drive, ask someone you are with to drive you home, or if you are in the comfort of a friend’s home, spend the night and drive home in the morning.

Speak with Our Attorneys About Your Legal Options

If you have been arrested for drunk driving and would like to learn more about your legal rights, be sure to contact our DUI defense lawyers today. During your visit to our law firm, we will be sure to fashion a defense strategy that helps get your charges dropped or reduces fines and other penalties that you may face.