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Articles Posted in Drunk Driving Defenses

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Arizona Supreme Court Rules on Voluntariness of Consent in DUI Testing Case

Voluntariness VS. Submission to Lawful Assertion by Authority

In the recent ruling the Arizona Supreme Court considered a Fourth Amendment issue and Arizona’s implied consent law in DUI case. The cases centered around two primary issues.  The first was whether or not  consent to a warrantless search to conduct DUI breath and blood tests were voluntary, after suspect…

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Right to Counsel before DUI Breath Test

Arizona Court of Appeals considers reasonableness in accommodating suspect’s request for counsel before breathalyzer test.

If you are arrested for a DUI, you have a right to request an attorney’s assistance right away.  But how much time are you given to find an attorney before you are given a Breathalyzer? In a recent Arizona Court of Appeals case, the defendant was convicted of aggravated DUI, for…

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Arizona Supreme Court: DUI Partition Ratios Evidence Admissible

Arizona V. Cooperman: DUI Partition Ratio relevant, competent evidence to show lack of DUI Impairment. Blood Alcohol Content (BAC) refers to the concentration of alcohol in the blood that can currently be measured either by a DUI blood test or a breath test. Interestingly, however, the results of a breathalyzer…

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DUI Blood Test Laws: DUI chemical tests taken without consent not admissible in Court

In Carillo v. Houser Maricopa County, the Arizona Supreme Court held that the Implied Consent Law, A.R.S. § 28-1321 did not authorize police to conduct DUI blood testing without a warrant. The exception is if the suspect expressly gives their consent for officers to administer the chemical test. It is…

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DUI Task Force Stops: No one is immune. The police need no reason to stop you for DUI investigation, except the number of your vehicle in line.

“The purpose of a DUI Task Force is to seek out and arrest persons driving drunk, or driving impaired due to alcohol or drugs. The laws regarding routine DUI stops and DUI Task Force Stops are very different. To preserve your rights and defenses you should know the differences.” Difference…

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