Articles Posted in DUI Defenses

Recently, an Arizona court of appeals had to decide the implications of a statute that allows defendants convicted of extreme driving under the influence to be released from jail early if they install an interlock device on their car. Specifically, the statue says that defendants guilty of extreme DUI can have 31 days cut off their jail time if they install interlock devices in their vehicles. In this instance, the court had to decide what would happen with a defendant convicted of extreme DUI if she or he did not, in fact, own a car in the first place.

Facts of the Case

According to the opinion, the defendant was charged with aggravated and extreme aggravated driving under the influence. The defendant sold her car to pay for a lawyer, later pleading guilty to the felony. The court sentenced the defendant to 45 days in jail, adding that all but 14 of the days could be suspended if the defendant were to equip her car with an ignition interlock device for 12 months.

The defendant asked to be released early from probation, but the State pointed out she had not installed the required ignition interlock device and that she would still have to serve her full 45 days in jail. In response, the defendant argued she did not install the device because she no longer owned a car, and thus that she should not be subject to the full time in jail. The superior court decided to release the defendant early, and the State appealed.

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4 Things Arizona Supreme Court Needs to Admit Results

Under the Fourth Amendment of the U.S. Constitution, a person has the right to be protected from unlawful searches and seizures.

This protection extends to a DUI blood test.  Consequently, police need a suspect’s consent or a search warrant to obtain a blood sample for a DUI investigation.

Without the person’s consent or a search warrant, it is unlawful for the police to collect a DUI blood sample.

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