Phoenix DUI Law Blog

In April 2019, the U.S. Supreme Court heard oral argument in a case that may call into question the constitutionality of a significant part of Arizona’s implied consent statute. The specific question posed by the case is whether a law that allows a blood test from an unconscious driver provides an exception to the Fourth…

Expert testimony is often necessary in Arizona DUI cases. Therefore, understanding the use and limits of expert testimony is essential. In a recent Arizona DUI case, an appellate court considered whether the trial court exceeded its authority in limiting expert testimony. According to the court’s decision, the defendant was driving in Tucson, when his car…

In a recent case, an Arizona court of appeals held that an Arizona DUI sentence should stand because the court’s correction of the unlawful sentence was made too late. According to the court’s opinion, in 2016, the defendant was convicted of aggravated driving under the influence and aggravated driving with a Blood Alcohol Content (BAC)…

Recently, a state appellate court issued an opinion in an Arizona DUI case discussing the elements of an aggravated DUI under Arizona Revised Statutes (A.R.S.) section 28-1383(A)(3). Ultimately, the court determined that the prosecution established evidence of each element, and affirmed the jury’s guilty verdict. According to the court’s opinion, the defendant was driving a…

The issue of implied consent has been a hot topic in courts across the United States since the Supreme Court decided Birchfield v. North Dakota, which allowed warrantless breath tests to be conducted (but disallowed warrantless blood tests). In its most recent Arizona DUI opinion, the Arizona Supreme Court discussed whether Arizona’s implied-consent statute requires…

A few posts ago, we discussed Arizona’s implied consent statute, which provides that anyone who operates a vehicle on a public road implicitly consents to chemical testing if police suspect they are under the influence. In the post, we also discussed that while motorists have no legal basis for refusing a test, they cannot be…

The most common type of chemical test performed by police in Arizona DUI cases is breath testing. Breath testing measures the amount of alcohol in a person’s breath and converts the figure to blood-alcohol content. Police prefer breath testing in many cases because it is faster and less expensive than blood or urine testing. Practically…

Police officers have an interest in removing intoxicated drivers from the road. However, in trying to locate and arrest potentially drunk drivers, police officers must respect the rights of all motorists. Thus, police officers can only stop a vehicle under certain circumstances. For the most part, an officer must observe some indicia of dangerous driving…

Arizona police and lawmakers take the issue of driving under the influence (DUI) very seriously. Indeed, according to a recent news source, Arizona Police claim that there were nearly 27,000 Arizona DUI arrests in 2018. That figure has remained relatively constant over the past several years, ever since police stepped up enforcement of DUIs, especially…

Most drivers are aware that the blood-alcohol limit in Arizona is .08 for adults. Indeed, the .08 limit has been the federal standard for intoxication since 1996, when Congress mandated all states decrease their limits to .08 or risk a loss of federal highway funding. Since then, states have maintained the .08 limit. However, just…