Phoenix DUI Law Blog

Everyone knows that drunk driving is against the law. However, the elements of a DUI offense are not always straightforward. One of the most misunderstood elements of an Arizona drunk driving offense is the requirement that the prosecution proves a defendant was in “actual physical control” of the vehicle. A recent state appellate decision discusses…

Earlier this month, a state appellate court issued an opinion in an Arizona DUI case, affirming the defendant’s conviction. The case illustrates the challenges of successfully litigating an appeal, as well as the importance of vigorously defending against all allegations at trial. The Facts of the Case According to the court’s opinion, a group of…

Earlier this month, a state appellate court issued an opinion in an Arizona DUI case involving the defendant’s claim that the prosecution failed to preserve evidence that would have shown police violated his rights. However, ultimately, the court concluded that the video, at best, could provide “potentially useful” evidence, but could not show that he…

The role of an Arizona DUI defense attorney is to defend his or her client at every step of the case. Initially, this means conducting a thorough investigation into the case, diligently reviewing the state’s evidence, and creating a compelling defense. Once the trial starts, however, a defense attorney’s role expands, requiring they keep an…

Last month, a state appellate court issued a written opinion in an Arizona drunk driving case, discussing the defendant’s challenges to certain statements admitted at trial. Ultimately, the court held that, while the statements should not have been admitted, the defendant failed to show that admission of the statements constituted a “fundamental error.” The Facts…

Late last month, a state appellate court issued a written opinion in an Arizona DUI accident case discussing the defendant’s motion to suppress an identification made by witnesses to the accident. Ultimately, the court determined that the witnesses’ identification was not unduly suggestive, and even if it was, the defendant could not show that he…

Arizona ride-sharing and cab services are a popular way for residents to enjoy holiday festivities without the risk of impaired driving. However, as COVID-19 continues to spread throughout the state, people are understandably concerned about the various health and safety issues associated with ride-sharing services. In turn, individuals may be more likely to drive under…

Earlier this month, a state appellate court issued an opinion in a case involving an Arizona high-speed chase that ended with the driver being arrested and charged with several serious offenses, including aggravated assault, criminal damage, unlawful flight, and aggravated driving under the influence. At trial, the defendant wanted to introduce evidence that an officer…

One of the biggest fears for most motorists is seeing the red-and-blue lights of a police officer’s patrol car flick on in their rear-view mirror. While the process of getting pulled over is stressful for anyone, this is especially the case for those who have had a drink or two. For many motorists, the thought…

Recently, a state appellate court issued an opinion in an Arizona DUI case, affirming the prosecution’s motion to preclude any evidence that led to the defendant’s stop. Ultimately, the court concluded that the lower court was proper to grant the prosecution’s motion, and affirmed the defendant’s conviction. The Facts of the Case According to the…