Articles Posted in ARIZONA DUI TOPICS

In Arizona police are permitted to request a nonconsensual blood draw, without a warrant, from a DUI suspect who is unconscious under A.R.S. §28- 1321.
The provision does have limitations, and the blood draw can be unconstitutional if an individual’s rights are rights are violated in the process.
The Arizona Supreme Court held ruled that the unconscious clause is permissible only when invoked non-routinely, under exigent circumstances, and are case-specific.
In a recent case, the AZ Supreme Court ruled held that a DUI blood test taken under the unconscious clause was unconstitutional.
The Court ruling was decided based on the grounds that conditions were not exigent, and the test was requested due to a systematic procedure, rather than individual circumstances. Under the good faith exception, evidence collected in violation of Fourth Amendment privacy rights can still be admitted at trial if the police acted in good faith.
But the court also determined that the good-faith exception to the exclusionary rule did not apply.
In this article we will discuss the decision, what means for Arizona drivers, how to protect your rights, and what happens if your rights are violated.

You will get a comprehensive overview of Arizona DUI laws, and criminal defenses that can be used challenge them. The first 24 hours after your arrest is crucial. You will learn what you can do increase your chances of getting a favorable outcome in your case. Additional features include DUI prevention, Arizona arrest statistics and impaired driving trend, and penalties for DUI convictions.

Excessive drinking while being exposed to the sun intensifies the effects of alcohol which can lead to injury, high BAC levels and Extreme DUI. This article features 20 alcohol & DUI Safety Tips; 7 Facts about high BAC; Arizona’s Extreme DUI Laws; Penalties; and Criminal Defense in Arizona.

Arizona’s SB 1228 has passed, and will allow judges to have some discretion as to whether or not to impose installation and use of an IID. This article will provide an overview of the new law as well as other related information about Arizona’s Ignition Interlock Device Program to include: Overview of Arizona SB 1228; Ignition Interlock Devices used in DUI Sentencing; AZ removes Ignition Interlock Device Requirement for Drug DUI; How Arizona’s the new law will Impact Arizona Drivers; Driver Obligations for Use and Reporting of IID; 10 Frequently Asked Questions about Arizona DUI IID Program; DUI Classifications, Penalties & Criminal Defense Mesa AZ

Consent for DUI Testing Gained by Officer’s Warning of the Law does not Constitute Voluntary Consent…unless Good Faith Exception to the Exclusionary Rule Applies. This article provides a case over overview and discussion of legal principles that applied. Article features include: Impact of ruling on Arizona DUI suspects; Good Faith Exception to the Exclusionary Rule; Arizona Court decisions on what constitutes voluntary consent to search; and answers to the question of whether or not a suspect should consent to DUI testing in Arizona; and Common defenses for DUI charges in Arizona.

Your Guide to understanding the DUI blood test with medical treatment warrant exception. A DUI blood test taken by Police for investigating impairment is considered a search and seizure, protected by our 4th Amendment rights. This means that to obtain DUI blood or chemical evidence police would need either consent; or a warrant to order…

The Arizona Appeal Court noted that that in order for an offense that occurred out of state to be counted as a “prior” the laws of the two states must be identical. Or alternatively, the offense must be such that if it had been committed in Arizona, instead of California in this case, it would have been in violation of Arizona’s impaired driving laws.

“DUI arrests for “probable cause” doesn’t mandate that the police officer show a driver was actually under the influence, only that it is probable that he was”.A police officer need only have a reasonable suspicion that you have violated a traffic law (like the speed limit) or engaged in criminal activity to stop you. “Reasonable…

How to avoid additional charges, and make sure your DUI stop does not turn deadly Recently a Mesa AZ police officer approached a vehicle and asked the driver if he had any weapons. The driver responded, affirmatively that he did in fact, have weapons in the vehicle. At that point he reached to the other…

Appeals Court overturns conviction holding that the State must prove beyond a reasonable doubt that a defendant knew or should have known of the suspension. There are several ways to get an aggravated DUI conviction in Arizona. Among the ways is driving while impaired by alcohol, drugs, medication, or illegal substances while having a suspended,…