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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: 4.8/day

Last Entry: May 14, 2015 at 16:16:47

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...

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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...

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...

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