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Arizona DUI News

Blood Tests Found Unreliable in 11 Felony DUI Cases

Major problems at the Scottsdale, Arizona Crime Lab will help to clear at least eleven people charged with felony DUI and possibly hundreds more charged with misdemeanor DUI. Several defense attorneys put in approximately 1,500 hours of work (largely pro-bono) to expose inaccurate results of blood tests and poor scientific procedures at the Scottsdale Crime Lab. Last Thursday, August 21st, Judge Jerry Bernstein of the Maricopa County Superior Court suppressed blood alcohol results in eleven felony drunk driving cases. Judge ... Read More »

Medical Marijuana Card Doesn’t Protect Drivers in AZ

A Medical Marijuana Card will not protect you from a DUI in Arizona. To understand why the card will not protect you, you must first understand three things: (1) Arizona Law, and; (2) the definition of a “prescription,” and; (3) the legal definition of “marijuana” in Arizona. The Law In Arizona, a driver can be charged with DUI/Drugs in two ways. The first way is easy enough to understand–if you are driving anywhere in the state while under the influence ... Read More »

Can a DUI Conviction be Expunged in Arizona?

Can a DUI Conviction be Expunged in Arizona? Mandatory jail time, fines, ignition interlocks and license loss are direct effects of a DUI. There are many indirect effects as well, such as increased insurance rates and the inability to rent a car. One of the most severe indirect effects, however, is having a permanent criminal record. In Arizona, there are two records that you have to be concerned with: Arizona Department of Transportation, Motor Vehicle Division (ADOT/MVD) and the Supreme ... Read More »

NTSB wants to lower DUI Limit to 0.05

Have 2 Drinks, Drive & Go to Jail  The NTSB has announced today (May 14, 2013) that they are seeking to lower the prohibited blood alcohol content for DUIs from 0.08 to 0.05 across the nation. Of course, they announced this on the anniversary of the worst drunk-driving accident in U.S. history. On May 14th, 1988 a drunk driver collided with a school bus full of children returning from a church-outing on Interstate 71 near Carrolton, Kentucky killing 24 children, ... Read More »

What should I do if I receive a photo-ticket in Arizona?

What should I do if I receive a photo-ticket in Arizona?  You have four options upon receiving a photo-ticket in the mail, in Arizona (other state’s laws may be different). The first option is to accept responsibility and pay the ticket. Be aware that such tickets may carry points which add to your insurance-risk and costs. The second option is to attend traffic school, if you are eligible (you may attend only once every two years). This avoids points being ... Read More »

Do the police have to read Miranda Rights to me, when I am arrested?

Do the police have to read Miranda Rights to me, when I am arrested? The short answer is “No.” The triggering event for Miranda Rights is whether you are in custody or not. If you are not in custody, the police can ask you whatever they want to ask, and if you give an incriminating response, they can use it against you in a court of law. That’s why the police will sometimes conduct criminal investigations over the phone. A ... Read More »

Prosecutors Attempt to Limit Defenses

What started as a seemingly routine and innocuous motion by the prosecutors in the Tucson City Court has now grown into a major breath-testing battle which will be played out in the Arizona Supreme Court and will affect the admissibility of every breath test in Arizona. Estimated breath test results are subject to many variables–which is why they are “estimates” and not hard numbers. Variables can be divided into two major categories: Machine Variables and Human Variables. Machine Variables are ... Read More »

How do machines test for alcohol in breath?

Although three types of breath-testing estimators are approved for use in Arizona, the police only use one–the Intoxilyzer 8000© made by CMI, Incorporated, in Owensboro, Kentucky. The Intoxilyzer 8000 uses Infrared Spectroscopy to analyze breath to create and estimated breath alcohol content. It does this by first projecting infrared (IR) light through a sample chamber at two IR detectors with only ambient air in the chamber. It measures the amount of IR light that strikes the detectors and sets up ... Read More »