Arizona Criminal Defense Attorney Blog

Statewide Arizona DUI Enforcement Increased over Memorial Day Weekend

DUI one of four main causes of fatal and serious auto accidents on Arizona roadways.

298987_bbq_1.jpgEnforcement of Arizona’s tough DUI laws tend to ramp up in May, especially over Memorial Day weekend and around graduation festivities. Last year, police arrested 3,129 people for DUIs between May 1 and May 31st, 556 of those arrests were made over Memorial Day weekend.

Police agencies statewide have joined together over the past month to patrol for people who are drinking and driving. These efforts are funded by grants from the Governor’s Office of Highway Safety, which also funds training for field sobriety tests, blood draws, drug recognition and equipment.

Tempe Police is at least one law enforcement agency that announced heightening enforcement from May 24th through May 27th. They have committed increased patrols and mobile units throughout the city and will be saturated in downtown Tempe AZ. Minor Consumption violations and prevention are a main focus.

Arizona Department of Public Safety (DPS) reported that last year at this time 5 fatalities resulted from 4 separate collisions, and 85 people were injured. Arizona DPS indicated that impaired driving due to alcohol or drugs was one of 4 main causes of fatalities and serious injuries. Other causes included speeding, seat belt violations, and fatigue or drowsy driving. And while it was not mentioned in the AZ DPS press release, some recent studies and reports show that “texting while driving” is also one of the main causes of motor vehicle fatalities and serious injuries.

It announced late last week that it will be “especially vigilant” on the state’s highways for this weekend to reduce the number of fatalities, injuries, traffic, and impaired driving violations. The AZ DPS is reminding everyone to be patient on the roadway while driving, get enough rest before trips, and obey traffic and seat belt laws, and refrain from drinking and driving; and “texting and driving”.

Tips from the police for the weekend include using public transportation or a completely sober designated driver. All drivers should be aware that in Arizona, adults can be arrested for drunk driving even if their Blood Alcohol Content (BAC) is below .08, if they are impaired to the slightest degree by the amount they drank.

Over Memorial Day weekend, particularly at family outings, some parents may let their older teenagers drink. While some states allow those under 21 to have a BAC of .01 or .02, Arizona has a zero tolerance policy for drunk drivers under the age of 21. Those under 21 may not even have even a BAC of .01%. A relatively recent case looked at the issue of blood tests for BAC for juvenile drivers, and the facts of the case are worth considering if you are a teenager or a parent.

In that case, a monitor at a seventeen-year-old defendant’s school smelled marijuana on his clothing in 2012. The monitor searched the vehicle the defendant and his friends had driven to school and found drug paraphernalia. School officials reported this to the police and the sheriff arrived and advised the defendant of his Miranda rights. Nonetheless the defendant admitted that he and his friends had smoked marijuana away from campus and driven back.

The defendant was arrested and charged with drunk driving. The sheriff read him admonitions related to the implied consent law for blood tests and the defendant agreed to submit to testing. His parents were called and came to the school. Meanwhile, the defendant’s blood was tested without his parent’s consent. His parents were told he was caught smoking marijuana and arrested, but weren’t asked for permission to test the blood that had been drawn.

Before a delinquency hearing, the defendant moved to suppress the blood test results. He argued that, as a minor, he lacked the legal ability to consent to testing. The juvenile court granted his motion, reasoning that the Arizona Parents’ Bill of Rights includes the right to consent before a minor’s blood is tested, notwithstanding Arizona’s implied consent law. It also found that the defendant’s consent hadn’t been voluntary.

The State appealed the juvenile court’s decision. The State argued that the Parents’ Bill of Rights was inapplicable because the parental right to consent did not prevent law enforcement officers from acting in their official capacities within the scope of their authority.

The appellate court reasoned that anybody who operates a motor vehicle in Arizona, including minors, gives consent to alcohol testing of blood, breath and urine in the context of a DUI allegation. Although someone cannot be blood tested in a DUI stop without a warrant, drivers are already assumed to have given consent. They can withdraw the consent that has been given, but they face penalties for doing so.


During gatherings, and festivities where adults are drinking, it can be tempting to let your teenager drink just one beer as well. However, the consequences in Arizona are quite severe and you should talk to your teen about Arizona’s zero tolerance policy for underage drinking. If you or someone you love has been accused of or charged with a DUI, contact the experienced Phoenix DUI attorneys at The Law Offices of James Novak at (480) 413-1499 to build a solid defense.
More Blogs
Arizona DPS 2012 holiday safety tips for travelers, Phoenix DUI Lawyer Blog, November 22, 2012
AGOHS Announces Holiday DUI Task Force Conference, Phoenix DUI Lawyer Blog, November 5, 2012
Additional Resources
Arizona DUI Laws
Mothers Against Drunk Driving
Arizona Underage Drinking and DUI Laws

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