 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Albrecht5/16/1991
The state filed this special action challenging the superior court's ruling which vacated the driving under the influence convictions of Daniel F. Williams (defendant). Williams was found guilty after a jury trial in the City of Phoenix Municipal Court for violating A.R.S. § 28-692 (A) and (B).
Facts and Procedural History
Williams was stopped at 1:15 a.m. on October 5, 1989 for speeding and failure to stop at a red light. The police officer noted that Williams had alcohol on his breath, watery eyes and slurred speech, and performed poorly on the field sobriety tests. He was advised of his Miranda rights and arrested.
Williams was transported to the police station where he was observed for twenty minutes to permit any mouth alcohol to dissipate. See A.R.S. § 28-692.03 (A)(3). Two breath tests using the Gas Chromatograph Intoximeter (GCI) were performed at 2:01 a.m. and 2:10 a.m., which showed a blood alcohol concentration (BAC) of .13% and .14%, respectively. Williams was cited for driving while under the influence and driving with a BAC of .10% or greater in violation of A.R.S. § 28-692 (A) and (B). He was also cited for two civil traffic violations.
Williams filed a motion to suppress his BAC results, alleging that the state could not satisfy the relation back requirement of Desmond v. Superior Court, 161 Ariz. 522, 779 P.2d 1261 (1989), i.e., that the evidence of his GCI could not be accurately used to determine his BAC at the time of driving. The trial court deferred ruling on the motion pending expert testimony at trial.
At trial the arresting officer testified that Williams stated he had two sips of beer and denied drinking anything more. The officer testified that Williams stated he used mouthwash at 10:50 p.m. and was taking Robitussin cough syrup. He also testified that Williams stated he had a meal sometime between 9:00 and 10:00 p.m. The officer testified that he was qualified to administer the breath test and that he followed the Department of Health Services' checklist in conducting the test. See A.R.S. § 28-692.03 (A)(2) and (4).
William's wife testified that her husband had been recovering from the flu for the past month and that he was taking Robitussin and Nyquil, with the last dose at 11:00 p.m. She stated that a friend was at their home drinking beer that night but denied that Williams had been drinking.
Patrick Chavez, a criminalist from the Phoenix police department crime lab, provided the state's expert testimony. Over objections of lack of foundation and improper expert testimony, Chavez used Williams' performance on the field sobriety tests to quantify his BAC. Chavez testified that based on Williams' performance on the walk and turn field sobriety test, there was a 67% probability that his BAC was over .10% at the time of the sobriety test. Chavez also stated that based on the performance of the one-leg stand test, there was a 65% probability that Williams' BAC was over .10% at the time of the sobriety test.
Chavez also related Williams' BAC back to the time of driving as required by Desmond. Chavez used the following factors to make a determination of Williams' BAC at the time of driving: Williams weighed 140 pounds; he stopped consuming alcohol at 11:00 p.m.; he was driving at 1:15 a.m.; and the time and results of the BAC tests. On these bases, Chavez calculated that Williams' BAC at the time of driving was between .14% and .15%. Over defense objection of lack of foundation, Chavez introduced Williams' b
Page 1 2 3 4 5 Arizona DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|