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Criminal Law

Arizona DUI Defense Blog

Arizona DUI law and defense, vehicular crimes law, and driver's license issues.
By Lawrence Koplow, Esq.

Post Frequency: 5.1/day

Last Entry: May 08, 2011 at 23:36:06

THE NEW ARIZONA DUI LAWS ARE HERE!

Posted on May 08, 2011
It's true - Arizona has reduced the penalties for DUI convictions. Here are some of the highlights: The interlock requirement has been reduced from 12 months to 6 months (for first time non-extreme DUI.) The mandatory jail requirements have been modified / reduced...

Blood Testing Is About More Than A Machine

Posted on February 05, 2011
In DUI cases, an accurate blood test result requires more than just the blood tester to be working properly. A reliable test results requires more than than what the machine (the blood tester) provides. As shown below, see the machine is just a fraction of the process need to obtain an accurate and reliable result...

Interview with KTAR's Jay Lawrence

Posted on October 26, 2010
This past Sunday I was interviewed by local radio station KTAR's Jay Lawrence on a number of Arizona DUI issues, including: current Arizona charges and penalties, changing enforcement standards for DUI charges based on jurisdiction (Scottsdale, for example), measurement and testing, drug-based DUI charges - both legal prescription and illegal, differing charges while a child is in a vehicle, and timelines for resolution of DUI charges...

The Dirty Little Secret (of Arizona DUI First Offense)

Posted on August 25, 2010
Here is the math used in Arizona: INCREASED JAIL + DUI PROBLEM = REDUCED DUI PROBLEM. It makes perfect sense, right. Who would risk more than a month in jail for a few drinks. Apparently - lots of people. Maybe even more people now, than when the penalties were previously lower...

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The DUI With No Driving - Part 1

Posted on July 21, 2010
DUI stands for driving under the influence. However, years ago Arizona, like many other states, changed its DUI laws to cover situations where the person was not actually driving. Instead, to be guilty of DUI, a person just needed to be "controlling" a vehicle...

Scottsdale DUI: Home Detention Is Here (Almost)

Posted on July 09, 2010
I was in the Scottsdale City Court yesterday when I heard a Judge discussing the much anticipated Home Detention Program. It appears that they have finally implemented the program. Here are the minimum qualifications based on the information I was given at court...

Scottsdale DUI: Home Detention Update

Posted on June 10, 2010
While the City of Scottsdale has approved a home detention program, it has not released any of the program's details. The most anticipated detail is the start date. As of yesterday, the start date has not been released. There has been speculation that it may not start until the end of summer...

Scottsdale DUI: Changes in the Scottsdale Courts

Posted on February 22, 2010
What is going on in Scottsdale? In the last 30 days two judges have been let go by the City Counsel. What is coming next?

Best DUI Blog Posts: December 2009

Posted on December 16, 2009
I am starting a new list of the best DUI blog posts for the past month. I am admittedly stealing the idea after reading Kevin O'Keefe's Best In Law Blogs. However, as I am one of Kevin's clients, I don't think he will mind (as long as the check clears...

When Lawyers Attack

Posted on December 15, 2009
Last night I am reading Gideon's blog and I see a post with the title: 'This Seattle DUI lawyer is a Douchebag.' As someone who loves a good fight, I started reading. Here is the beginning of the post: So normally I don't write posts like this, because I don't give flyin' rat's ass...

Arizona Extreme DUI: The Out of State Visitor Dilemma

Posted on November 18, 2009
The harsh penalties for an Arizona extreme DUI conviction have been well chronicled in this blog. However, what happens when we apply these penalties to people who were only visiting Arizona and charged with DUI? One could take the view: who cares? When people come to "our state" and commit crimes, they deserve whatever they get...

How accurate is blood testing for alcohol?

Posted on October 28, 2009
The truth of the matter is we don't really know. Most labs in the Phoenix Arizona area claim to be accurate within 5%. That means if your blood result came back at .08, then the true result can be anywhere from 5% lower or 5% higher. Other scientific organizations claim 5% is not a realistic range of accuracy...

No Consent, No Warrant, No Blood

Posted on September 04, 2009
Some things in life seem obvious. It is hotter in the summer. It is colder in the winter. The government must get a warrant to stick a needle in your arm before they forcibly take your blood. However, this last presumption has not been so obvious in Arizona...

5 Things You Should Know About Arizona Super Extreme DUI Convictions

Posted on July 30, 2009
Arizona is one of a few states that has created something referred to as "Super Extreme DUI." A DUI is "Super Extreme" if a person's blood alcohol concentration is .200 or above. While this crime is still a misdemeanor, it carries a minimum jail term that is greater than most first time felonies...

What Do Field Sobriety Tests Prove?

Posted on June 29, 2009
The short answer is not much. At best, they may correlate to someone having a blood alcohol concentration over a .08. At worst, they prove nothing at all. To understand their meaning you must look at how they came into existence and who developed them...

A Person Accused Of DUI Deserves A True Second Opinion

Posted on June 15, 2009
Arizona DUI cases almost always involve a chemical test. There is a movement in Arizona towards the exclusive use of blood testing. It is well settled that blood testing is more accurate than breath testing. But how accurate is blood testing? Can it truly determine a person blood alcohol concentration? I believe that these are reasonable questions to be asked by a person accused of DUI and facing 30 to 45 days in jail...

A Well Written Post on The Source Code Issue

Posted on January 26, 2009
I ran across an excellent post discussing the source code issue. That is, the fight between criminal defense attorneys and the maker of the breath tester (CMI) to disclose the code used in their breath testers. CMI will not allow an inspection of the code...

I Need to Hire the Guy that Made This Video.

Posted on January 03, 2009
Here is a very well researched and produced video regarding an Ohio DUI case. While I do not agree with everything he argues, her certainly makes some vaild points. Enjoy:

Please Think About This Before You Drink And Drive This Holiday Season

Posted on December 20, 2008
pThere is significantly more drinking and driving during the holidays.nbsp; It happens every year, in every place.nbsp; I have plenty of business.nbsp; However, I don't want emstrongyou /strong/emto become a customer. Trust me, you have better things to do than hang out with me in a courtroom for the next three or four months...

Please Think About This Before You Drink And Drive This Holiday Season

Posted on December 20, 2008
There is significantly more drinking and driving during the holidays. It happens every year, in every place. I have plenty of business. However, I don't want you to become a customer. Trust me, you have better things to do than hang out with me in a courtroom for the next three or four months...

This Video Demonstrates True Field Sobriety Testing

Posted on December 18, 2008
In case you ever wondered what happens on the side of the road when a person is stopped for DUI, here is a video showing exactly what goes on. Enjoy: DUI Stop from konu on Vimeo.

This Video Demonstrates True Field Sobriety Testing

Posted on December 17, 2008
pIn case you ever wondered what happens on the side of the road when a person is stopped for DUI, here is a video showing exactly what goes on.nbsp; Enjoy:/p pnbsp;/p object width="400" height="300" param name="allowfullscreen" value="true" / param name="allowscriptaccess" value="always" / param name="movie" value="http://vimeo...

Wonder Bread Does it Again!

Posted on December 15, 2008
It turns out my previous post showing Wonder Bread causing a false blood alcohol concentration reading was not an isolated incident. The same forensic toxicologist and drug recognition expert did another Wonder Bread experiment. Here it is:

Can Bread Cause the Intoxilyzer to Give a False Reading?

Posted on December 06, 2008
As demonstrated below, it appears that Wonder Bread is like Kryptonite to the Intoxilyzer 8000. While I cannot guarantee the accuracy of the test that occurred in this video, I have very little reason to doubt its veracity. Especially since the manufacture of the Intoxilyzer 8000 (CMI) will not allow anyone (including the government) to inspect the source code used in this contraption...

Follow Arizona DUI Law Updates on our Twitter Feed

Posted on December 01, 2008
You can keep track of all the news about the Arizona DUI laws by watching our Twitter Feed.

What are the New Arizona DUI Penalties in 2008?

Posted on November 17, 2008
The legislature has once again raised the DUI penalties. However, the changes only affect those convicted of extreme DUI. That is, the penalties are only increased for those convicted of a DUI having a blood alcohol concentration between ...

The Truth About Character Evidence

Posted on October 13, 2008
I found a great website for information on jury research. Kathy Kellerman is a communications consultant who regularly posts answers to questions about how jurors make decisions. She has an informative post about the effectiveness of evidence of a defendant's good character in a criminal trial...

The Cutting Edge of Arizona Criminal Law

Posted on October 10, 2008
To find out everything going on regarding Arizona criminal law check out our newest project: www.arizonacriminaldefenseblog.com/

DUI Task Force This Weekend In Tempe, Arizona

Posted on August 22, 2008
Lisa Halverstadt of The Arizona Republic is reporting that the Tempe Police will have a DUI task force this weekend. Her article states: Tempe police will have its DUI task force at Dorsey Lane and University Drive this weekend...

3 Things I Wish People Knew Before Drinking & Driving

Posted on July 31, 2008
It's 5:00 p.m. on Friday afternoon in Phoenix, and Joe just walked through the door of his favorite restaurant to meet some friends for happy hour. He drove himself to the restaurant. When he is done, he is going to drive to his house in Scottsdale...

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