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 privilege, has its roots in the common law and has been a part of Arizona law since the beginning of the state’s formation.
Arizona’s spousal privilege has a number of exceptions that can prevent its application. The most common exception is called the “crimes exception” and involves a situation in which one spouse is charged with a crime that was committed against the other spouse. A recent Arizona DUI case illustrates the crimes exception to Arizona’s spousal privilege statute.
According to the court’s opinion, the defendant’s husband (Husband) called police because the defendant was trying to leave their home while she was intoxicated. Husband attempted to park one of the couple’s other vehicles behind the defendant’s minivan to prevent her from leaving, but the defendant got into the minivan and backed into the other vehicle. The defendant was later arrested and charged with DUI and causing criminal damage.