Recently, a state appellate court issued an opinion in an Arizona DUI case requiring the court to determine if the evidence presented by the prosecution was sufficient to convict the defendant. Specifically, the defendant challenged the finding that she was operating the vehicle. Ultimately, the court upheld the defendant’s conviction, finding that the fact that the defendant was unconscious behind the wheel was sufficient to prove she was operating the vehicle.
The defendant was found unconscious behind the wheel of her vehicle by a firefighter who was conducting a wellness check. The defendant’s car was parked across several parking spaces. The firefighter knocked on the window until the defendant awoke, at which point he reached in and turned off the vehicle.
As the fireman was talking with the defendant, a police officer arrived. The police officer asked the defendant for her identification, and she handed him her debit card. The defendant eventually provided the officer with her identification. The officer claimed he noticed signs of intoxication, and asked the defendant to perform several field sobriety tests. In the officer’s assessment, the defendant failed the tests and she was arrested for DUI.