Category : DUI

Arizona DUI with Autopilot Doing the Driving


What if these had been fully automated vehicles (level 4 or 5) with intoxicated or impaired individuals inside, who had voluntarily relinquished actual physical control? And if the impaired individual inside is a mere passenger, then who should be held responsible for injuries to others and damages caused? These issues need to be sorted out […]

Blood Test Was Voluntary Under Arizona Implied Consent Law


Driver’s consent to blood testing upon DUI arrest was voluntary. Police advised driver of Arizona implied consent law. Looking at the totality of the circumstances, the driver’s consent was neither coerced nor given under duress. The trial court did not err in denying defendant’s motion to suppress the blood test results. Affirmed. Arizona v. Alfonso […]

Husband Testifies About Wife’s DUI Under Crime Exception to Anti-Marital Fact Privilege


Crime exception to Arizona anti-marital fact privilege allowed husband to testify in Phoenix Municipal Court as a witness against his wife about her DUI crime arising from the same unitary event as her domestic violence crime against him. Phoenix City Prosecutor v. Hon. Lowery/Claudette Craig (real party in interest) DUI Committed in Same Unitary Event […]

Arizona DUI Law Just Got Tougher, Wrong Way DUI


Arizona’s reckless and aggressive driving law and DUI law just got tougher for anyone driving the wrong way on a controlled access highway (to learn more about this new legislation, contact a DUI criminal defense attorney with Stewart Law Group). Governor Doug Ducey signed HB 2243 into law on March 27, 2018, making it a […]

Unlawfully Obtained DUI Blood Sample Admissible as Evidence When Police Acted in Good Faith

Criminal Defense, DUI

Defendant appealed her aggravated DUI convictions arguing the trial court erred in not suppressing blood-alcohol test results because police obtained the blood sample without valid consent or warrant. Affirmed. Although the blood sample was unlawfully obtained, the BAC test evidence was admissible proof of guilt under the good-faith exception to the exclusionary rule of evidence. […]

Breath Tests Taken Before Defendant Contacted Counsel in Aggravated DUI


In this Arizona criminal case, defendant was convicted of aggravated DUI. He appealed his conviction, arguing the trial court erred in denying his motion to suppress breathalyzer test results because he was denied the right to counsel; and that the trial court improperly instructed the jury. His conviction was affirmed by the Arizona Court of […]

Arizona Medical Marijuana Card Affirmative Defense to Drug DUI


Defendants were medical marijuana cardholders convicted of drug DUI for operating a motor vehicle while under the influence of marijuana or its metabolite. Were defendants immune from drug DUI prosecution under the Arizona Medical Marijuana Act? Conviction affirmed on appeal. To learn more, read our discussion about drug DUI in Arizona law and how to […]

Arizona Medical Blood Draw Exception to Warrant Requirement in DUI Case


In a DUI case, Arizona’s highest court clarified application of the medical blood draw exception to the warrant requirement where an injured DUI suspect resisted medical treatment at the scene of the vehicular accident, but was restrained and sedated with blood drawn at the hospital at which time police requested a portion of the blood […]

Court Erred in Precluding Evidence of DUI Defendant’s Medical Marijuana Card


Defendant charged with marijuana DUI asserted a medical marijuana affirmative defense in the jury trial, but was erroneously precluded from submitting the medical marijuana card as evidence of his authorized use. The defendant was stopped by police and charged with driving under the influence (DUI). The arresting officer testified that the driver drifted into the […]

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