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Arizona DUI Defense Blog

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

Post Frequency: 0.6/day

Last Entry: November 18, 2009 at 11:37:23

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...

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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...

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...

I Want To See A Replay

Posted on July 24, 2008
I was reading DUI Attorney Mark Steven's blog and he touched upon a subject that concerns many DUI attorneys. Why don't more police officers videotape DUI arrests? Clearly, this would be the best evidence of a person's degree of impairment...

Imaginary DUI?

Posted on July 09, 2008
When police officers are attempting to determine whether to arrest someone for driving under the influence of alcohol (DUI), they usually ask them to perform some field sobriety tests. Police generally rely on a battery of tests recommended by the National Highway Traffic Safety Administration (NHTSA)...

5 Frequently Asked Questions About Arizona DUI Penalties

Posted on July 02, 2008
1. If I am convicted of an Arizona DUI, do I have to go to jail?The only way to avoid going to jail is to avoid a DUI conviction. However, if you are convicted, Arizona DUI law requires a mandatory term of jail. The amount of jail will depend on several factors...

What is an Arizona Reckless Driving Charge?

Posted on June 23, 2008
Reckless driving is one of the more serious misdemeanor offenses in Arizona. The crime can be either a class 1 or class 2 misdemeanor. When charged as a first time offense, as a class two misdemeanor, the statute has a maximum penalty of four months in jail and $750...

The DUI Accident Where There Are No Injuries - Endangerment

Posted on June 20, 2008
I see the following scenario commonly in my practice. My client is responsible for causing a low impact accident. No one from either automobile was injured. However my client had consumed alcohol, and a blood test confirmed he was over Arizona's legal limit of ...

New Extreme DUI Penalties

Posted on June 20, 2008
The are several types of DUI offenses in Arizona. An extreme DUI is based on the blood alcohol concentration (BAC) level of the person accused of DUI. Specifically, if the person has a BAC above a .150 they will be charged with extreme DUI under § 28-1382 of the Arizona Revised Statutes...

When Does a Person Get a Hearing Regarding a License Suspension

Posted on June 20, 2008
In the context of a DUI case, there are two common scenarios when a motorist will receive an order of suspension for their driver's license: After they refuse to take a chemical test pursuant to A.R.S. 28-1321(D)(2); and After a test result of ...

Special Laws For Commercial Drivers Charged with DUI

Posted on June 20, 2008
Drivers operating a vehicle with a commercial driver’s license (CDL) have different standards than other drivers. The reason is because of the safety issues associated with operating larger vehicles such as trucks, tractor-trailers and buses. The Arizona DUI laws are much more restrictive for people with commercial drivers licenses (CDL)...

Arizona DUI Bill May Have New Life

Posted on May 21, 2008
Luige del Puerto of the Arizona Capital Times is reporting that a proposed DUI Bill recently vetoed by Governor Janet Napolitano may have new life. The Arizona Capital times article states:Lawmakers said they have found a way to revive a vetoed drinking-and-driving bill, minus the provision that prompted its rejection by the governor...

Judge Suppresses Use of DUI Breath-Test Evidence

Posted on May 20, 2008
Kim Smith of the Arizona Daily Star has reported that a Tucson City Court judge has ruled prosecutors cannot use the results of breath tests administered to 49 people scheduled to be tried before him on DUI charges. Her article states: If other judges agree with Judge Thomas Berning, prosecutors could find it hard to prosecute thousands of other DUI cases locally and statewide...

What is a "Super" Extreme DUI?

Posted on April 20, 2008
The "Super" Extreme DUI is a relatively new creation by the Arizona State Legislature. The language of the statute does not actully refer to the word "super." Most attorneys have simply adopted this name because of the harsh "super" jail sentence that can result from a conviction of this law...

Challenging DUI Breath Testing: The Timing of the Pretest Deprivation Period

Posted on March 26, 2008
Arizona law enforcement often uses breath-testing devices to determine the blood-alcohol concentration (BAC) of a person suspected of DUI. The Intoxilyzer 8000 is commonly used in Maricopa County. When a person is suspected of DUI, he is generally requested to blow twice into an Intoxilyzer; this is referred to as “duplicate breath testing...

Challenging DUI Breath Testing: The Timing of the Pretest Deprivation Period

Posted on March 25, 2008
Arizona law enforcement often uses breath-testing devices to determine the blood-alcohol concentration (BAC) of a person suspected of DUI. The Intoxilyzer 8000 is commonly used in Maricopa County. When a person is suspected of DUI, he is generally requested to blow twice into an Intoxilyzer; this is referred to as “duplicate breath testing...

ARIZONA DUI LAWS PROHIBIT IMPAIRED DRIVING, NOT JUST "DRUNK DRIVING."

Posted on March 05, 2008
It is commonly believed that “drunk driving” is the reason for a DUI charge. However, DUI stands for “driving under the influence” of alcohol or drugs. Under Arizona law, you do not have to be “drunk” to be convicted of DUI...

Extreme DUI Penalties Enhanced

Posted on January 21, 2008
In 2007, Arizona’s State Legislature passed two extreme DUI bills which conflicted with one another. One bill prohibited judges from reducing the extreme DUI minimum 30 day jail sentence, while the other bill permitted judges to reduce the sentence...

If You Thought The New Arizona DUI Laws Were Tough, Wait Until You Hear What Other Drivers Are Doing To DUI Suspects In Scottsdale, Arizona

Posted on January 17, 2008
There has been a lot of publicity regarding the new Arizona DUI laws. These new laws have created some of the toughest penalties in the nation. However, it appears that drinking and driving in Arizona could result in something worse than jail...

I Have An Ignition Interlock Device, Now What?

Posted on January 10, 2008
All DUI convictions in Arizona now require an ignition interlock device for at least a year. Practically speaking, this means that a person will be forced to “blow” into the device to show there is no alcohol in his or her system every time he or she starts a car, and approximately every 15 to 30 minutes while the vehicle is operating...

Going From 3� Years in Prison to Probation

Posted on November 30, 2007
I was working with a client who was facing a very serious felony charge that carried a mandatory five (5) year presumptive term in prison. When he first came into my office he asked the obvious question: What can you do for me? This is the same question many prospective clients want answered...

Going From 3? Years in Prison to Probation

Everyone's Blood is Not the Same

Posted on November 20, 2007
Law enforcement's primary method for determining if a person is driving under the influence of alcohol is a chemical test. That is, a police officer will take a sample of a susect's blood or breath. The chemical test assumes that the composition of everyone's blood is the same...

What If I Didn't Know My License Was Suspended

Posted on November 15, 2007
The most common way that a person is charged with aggravated DUI (felony DUI), is at the time when they are allegedly driving under the influence, their drivers license was suspended. As odd as this may sound, it is very common that a person did not know their license was suspended...

Where Does the Right to An Attorney Come from?

Posted on October 16, 2007
Over a century ago, the Indiana Supreme Court in Webb v. Baird, 6 Ind. 13 (1853) , formally recognized the right to an attorney for a person accused of a crime. However, the court did not base its decision on constitutional law...

Introducton to Field Sobriety Testing

Posted on October 12, 2007
Field sobriety tests are any one of several roadside tests that can be used to determine whether a suspect is impaired. These psychophysical tests are performed on DUI suspects to assist an officer in the decision to make an arrest...

The Toughest Cases Can Have the Best Results

Posted on October 11, 2007
"If you are going through hell, keep going." - Sir Winston Churchill (1874-1965) The goal of every criminal defense attorney is to win. However, in some cases the facts are so difficult to overcome, even an experienced defense attorney cannot envision winning...

What is an Ignition Interlock Device

Posted on October 11, 2007
According to the Arizona Department of Transportation's Motor Vehicle Division, an ignition interlock device is:...slightly larger than a cell phone and is wired to your vehicle's ignition. The device...requires your breath sample before the engine will start...

When Can an Officer Make a DUI Arrest Without a Warrant?

Posted on October 08, 2007
In almost all DUI cases the police officer will make an arrest without an arrest warrant. To make a lawful arrest the police officer must have "probable cause" to believe the person was driving under the influence of alcohol (DUI). Arizona has codified this probable cause requirement in Arizona Revised Statute §13-3883...

Penalties For a First Offense DUI

Posted on October 05, 2007
As of September 19, 2007, Arizona has new penalties for a first time DUI conviction. Under the new law, the penalties vary based on the blood alcohol level of the person. Here are some of the changes the legislature has made for a person convicted of a first offense DUI with a blood alcohol concentration of above a ...

New DUI Laws Start on September 19, 2007

Posted on September 19, 2007
What are the new DUI laws that go into effect today? Most people do not really know what our legislature has done to the DUI law. Effective today, Arizona probably has the toughest DUI laws in United States. There are significant penalties for first time offenders...

Points Received Before A Driver's License Is Suspended

Posted on April 11, 2007
In Arizona, most traffic violations and crimes will effect one's driver's license. While some driving crimes (such as a DUI) carry an automatic suspension, other violations will cause MVD to assess the license with points and may lead to a suspension...