Category Archives: DUI

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 […]

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

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. […]

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 […]

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. Nadir Ishak v. Hon. C. McClennan and City of Mesa Prosecutor’s Office The defendant was stopped by police and charged with driving under the […]