Arizona Drunk Driving Case Law
Please find, below, selected case laws decided by Supreme Court of Arizona or Court of Appeals of Arizona where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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State v. Tague - 8/1/2003
MEMORANDUM DECISION
Not for Publication Rule 111, Rules of the Supreme Court
Petitioner Earl R. Tague pled guilty to one count of aggravated driving under the influence of an intoxicant with an alcohol concentration...
State v. Hodom - 7/22/2003
MEMORANDUM DECISION
Not for Publication Rule 111, Rules of the Supreme Court
After a bench trial, James Hodom was convicted of aggravated driving under the influence of intoxicating liquor (DUI) while his license was...
State v. Miranda - 7/22/2003
MEMORANDUM DECISION
Not for Publication Rule 111, Rules of the Supreme Court
A jury found appellant Frank Miranda guilty of aggravated driving under the influence of an intoxicant (DUI) while his license was suspended and...
State v. Carra - 7/18/2003
MEMORANDUM DECISION
Not for Publication Rule 111, Rules of the Supreme Court
AFFIRMED
After a jury trial in his absence, appellant Enrique Carra was convicted of two counts of aggravated driving under the influence...
State v. Molina - 7/15/2003
MEMORANDUM DECISION
Not for Publication Rule 111, Rules of the Supreme Court
Petitioner Juan Molina was charged with aggravated driving under the influence of an intoxicant (DUI) while his license was suspended,...
McFarlane v. Arizona Department of Transportation - 7/11/2003
DECISION ORDER
Rule 29, Rules of Civil Appellate Procedure; Not for Publication Rule 28, Rules of Civil Appellate Procedure
In accordance with the order of this court, the judges of Department A have considered this...
State v. Soltero - 7/3/2003
AFFIRMED
Albert Soltero ("defendant") appeals his conviction for driving while under the extreme influence of intoxicating liquor ("extreme DUI") in violation of Arizona Revised Statutes ("A.R.S.") section 28-1382(A) (Supp....
State v. Peralta - 7/3/2003
MEMORANDUM DECISION
Not for Publication Rule 111, Rules of the Supreme Court
AFFIRMED
After a bench trial, appellant Ramon Peralta was convicted of driving while under the influence of an intoxicant (DUI). The trial...
State v. Sanders - 7/1/2003
MEMORANDUM DECISION
Not for Publication
Rule 111, Rules of the Supreme Court
AFFIRMED
Appellant Dennis Sanders was charged with three counts of aggravated driving under the influence of intoxicants (DUI) with...
State v. Lutz - 6/30/2003
MEMORANDUM DECISION
Not for Publication Rule 111, Rules of the Supreme Court
REVIEW GRANTED; RELIEF DENIED
While driving under the influence of alcohol with a blood alcohol content of.13, petitioner Robert P. Lutz,...
State v. Garduno - 6/27/2003
MEMORANDUM DECISION
Not for Publication Rule 111, Rules of the Supreme Court
AFFIRMED
Following a jury trial, appellant Peter Garduno was convicted of one count of aggravated driving under the influence (DUI) and...
Goy v. Jones - 6/17/2003
Geraldine Goy seeks review of a superior-court decision to reverse a municipal-court order precluding the law-enforcement officers who arrested Goy from reading their reports as trial evidence. For the following reasons, we affirm...
State v. Roffinoli - 6/13/2003
MEMORANDUM DECISION
Not for Publication Rule 111, Rules of the Supreme Court
AFFIRMED
A jury found appellant Jason Louis Roffinoli guilty of aggravated driving under the influence of intoxicants (DUI) and aggravated...
Donald C. v. Arizona Department of Economic Security - 6/6/2003
MEMORANDUM DECISION
Not for Publication Rule 111, Rules of the Supreme Court
AFFIRMED
Donald C., father of Zedekiah (Zach) C. and Nicholas C., appeals from the juvenile court's order terminating his parental rights...
State ex rel Romley v. Martin - 6/5/2003
AFFIRMED
Under the "Drug Medicalization, Prevention, and Control Act of 1996," an initiative proposal adopted by the voters as Proposition 200 and subsequently codified at Arizona Revised Statutes ("A.R.S.") section 13-901.01...
State v. Esser - 5/23/2003
AFFIRMED
BACKGROUND
After a jury trial, appellant John Robert Esser was found guilty of aggravated driving with an alcohol concentration of 0.10 or greater within two hours of driving in violation of A.R.S. §§...
State v. Borquez - 5/13/2003
MEMORANDUM DECISION
Not for Publication Rule 111, Rules of the Supreme Court
AFFIRMED
Pursuant to a plea agreement, appellant Ishmael Barreras Borquez pled guilty to endangerment and misdemeanor driving under the...
In re Arnulfo G. - 5/6/2003
Redesignated and amended by Order filed 6/27/03
The state appeals from an order of the juvenile court dismissing with prejudice a citation charging Arnulfo G. ("Juvenile") with two misdemeanor driving under the influence...
Way v. State - 4/30/2003
AFFIRMED IN PART; VACATED IN PART
Appellant Dennis Way appeals from the Pima County Superior Court's order that modified but otherwise affirmed an administrative law judge's (ALJ) order suspending Way's driver's license...
State v. Alvarez - 4/24/2003
A jury found appellant Jose Uzarraga Alvarez guilty of six counts of second-degree burglary and seven counts of sexual abuse, all nondangerous offenses. The charges arose from six separate incidents between December 1996 and March...
State v. Castro - 4/24/2003
MEMORANDUM DECISION
Not for Publication
Rule 111, Rules of the Supreme Court
Respondent Gerardo Castro was charged with three counts of aggravated assault and one count each of criminal damage, driving while under...
State v. Christian - 4/18/2003
The narrow issue we must decide in this matter is whether a defendant's prior felony conviction for possession of narcotic drugs below the statutory threshold amount can be used as a historical prior felony conviction to enhance...
State v. Ring - 4/3/2003
This case comes to us on remand from the United States Supreme Court, Ring v. Arizona, 536 U.S. 584, ___, 122 S. Ct. 2428, 2443 (2002) (Ring II). We have jurisdiction pursuant to the Arizona Constitution, Article VI, Section 5.3. ...
State v. Kaiser - 4/1/2003
AFFIRMED
Gerald Kaiser appeals his conviction for refusing to obey a peace officer, a class 1 misdemeanor violation of Scottsdale City Code section ("Code §") 19-13. He contends that the regulation is unconstitutional...
State v. Grell - 4/1/2003
CONVICTION AFFIRMED; REMANDED FOR REHEARING
On December 2, 1999, Shawn Grell drove his two year old daughter, Kristen, to a remote area near Apache Junction, poured gasoline on her, then lit her on fire. She died from severe...
State v. Hantman - 4/1/2003
RELIEF GRANTED
The State of Arizona petitions this court for special action relief in its attempt to reinstate a misdemeanor prosecution for driving under the influence of an intoxicant (DUI) and driving with a blood alcohol...
State v. Rocha - 3/28/2003
MEMORANDUM DECISION
Not for Publication Rule 111, Rules of the Supreme Court
AFFIRMED
A jury found appellant Jose Andres Rocha guilty of aggravated driving under the influence of an intoxicant (DUI) while his...
State v. Simmons - 3/21/2003
MEMORANDUM DECISION
Not for Publication Rule 111, Rules of the Supreme Court
AFFIRMED
Pursuant to a plea agreement, appellant Lesly Tyrone Simmons was convicted of theft, a class three felony. He was placed on...
State v. Alvarez - 2/28/2003
MEMORANDUM DECISION
Not for Publication Rule 111, Rules of the Supreme Court
AFFIRMED IN PART; REVERSED IN PART AND REMANDED
A jury found appellant Jose Uzarr aga Alvarez guilty of six counts of second-degree...
State v. Kuczynski - 2/28/2003
MEMORANDUM DECISION
Not for Publication Rule 111, Rules of the Supreme Court
AFFIRMED
After a jury trial, appellant Richard Kuczynski was convicted of two counts of aggravated driving under the influence (DUI) and...
State v. Leyva - 2/25/2003
MEMORANDUM DECISION
Not for Publication Rule 111, Rules of the Supreme Court
AFFIRMED
After a jury tr ial held in his absence, appellant Jose Luis Leyva was convicted of aggravated driving while under the influence...
State v. Olcan - 1/28/2003
AFFIRMED
The State appeals from the trial court's dismissal of two counts of aggravated driving under the influence, class four felonies. See Ariz. Rev. Stat. ("A.R.S.") § 28-1383(A)(1) (Supp. 2000). For the following...
Potter v. Arizona Dep't of Transportation - 12/24/2002
REVERSED
LICENSE SUSPENSION ORDER REINSTATED
Can a police officer have reasonable grounds to believe that an impaired motorist has actual physical control of a vehicle after that person parks to "sleep off" the effects...
State v. Griffin - 11/21/2002
VACATED
After a jury trial, appellant Colten Eugene Griffin was convicted of possessing a deadly weapon as a prohibited possessor in violation of A. R.S. § 13-3102(A)(4). He was acquitted of cruel mistreatment of an animal....
State v. Moore - 11/12/2002
REVERSED AND REMANDED
Michael Brennan Moore ("Defendant") appeals from the trial court's judgment of guilt for two counts of aggravated driving while under the influence of intoxicating liquor ("DUI"). For the reasons set...
Tornabene v. Bonine ex rel Arizona Highway Department - 9/19/2002
REVERSED
The Arizona Department of Transportation, Motor Vehicle Division (MVD), appeals from a Pima County Superior Court order vacating the suspension of appellee Wendy Lyn Tornabene's driver's license by a MVD...
State v. Fell - 8/22/2002
In this special action, petitioner State of Arizona asks us to decide whether the respondent judge erred in ruling that the real party in interest Gayle Waldstein could use the necessity defense, codified in A. R.S. § 13-417, to...
State v. Herrera - 8/13/2002
AFFIRMED
A jury found defendant/appellant Marcos Herrera guilty of driving under the influence of intoxicating liquor (DUI) and driving with a blood alcohol concentration (BAC) of .10 or above. The jury also acquitted Herrera...
State v. Carrasco - 7/23/2002
Filed 06/27/2002
Redesignated by Order
AFFIRMED
Raul Valdivia Carrasco ("defendant") appeals his conviction and sentence for one count of aggravated driving while under the influence of intoxicating liquor...
State v. Meza - 7/2/2002
Amended by Order filed 8-15-02
The State appeals from the trial court's order precluding the use of breath test results in a trial against appellee/cross appellant Ricardo Dominic Meza. The trial court ordered preclusion of...
State v. O'Dell - 5/30/2002
VACATED AND REMANDED
The superior court dismissed with prejudice charges of driving under the influence of an intoxicant (DUI) and driving with a blood alcohol content (BAC) of .10 or more against appellees, Terry L. O'Dell;...
State v. Cabrera - 4/23/2002
REVERSED AND REMANDED
The State appeals the trial court's dismissal of the complaint against Alberto Robert Cabrera, who was charged with two counts of aggravated driving or being in actual physical control of a vehicle while...
Guthrie v. Jones - 4/4/2002
JURISDICTION ACCEPTED; RELIEF GRANTED IN PART; REMANDED
In order to support a charge of "traditional DUI," the State must prove that a defendant was driving or in physical control of a vehicle " hile under the influence of...
State v. Flores - 3/28/2002
AFFIRMED
Ernesto Flores was charged with possession of narcotic drugs for sale and transportation of narcotic drugs for sale, each a class 2 felony. The trial court suppressed certain statements Flores made; it then ruled...
Herreweghe v. Burke - 12/11/2001
JURISDICTION ACCEPTED, RELIEF DENIED
In this special action, Petitioner challenges the superior court's denial of his motion to dismiss or to suppress breath analysis results. He contends that the State's failure to grant...
State v. Dawley - 11/15/2001
RELIEF GRANTED
Real party in interest Frank Barraza is facing a second trial for the offenses of aggravated driving or actual physical contr ol of a vehicle while under the influence of an intoxicant (DUI) and aggravated...
State v. Seyrafi - 10/16/2001
REVERSED AND REMANDED
Defendant Sherwin Seyrafi appeals his convictions and sentences for nine misdemeanor violations of various property maintenance provisions in Chapter 18 of the Scottsdale Revised Code ("S.R.C.").
...
State v. Boyd - 9/25/2001
REVERSED
Steven David Boyd appeals his conviction for driving with a suspended license while having a dangerous drug or its metabolite in his body. He claims that he was not afforded his right to due process because he lacked...
State v. Hensley - 9/20/2001
DISPOSITION VACATED AND REMANDED
After Roy David Hensley violated the terms of his probation imposed under "Proposition 200," Ariz. Rev. Stat. ("A.R.S.") § 13-901.01 (Supp. 2000), the trial court terminated his probation as...
State v. Ibanez - 9/18/2001
REVERSED AND REMANDED
Miguel Angel Ibanez appeals the trial court's denial of his challenge for cause of a prospective juror who stated it would be "difficult" or "hard" for her to render a fair and impartial verdict. Because...
Haralson v. Fisher Surveying - 9/13/2001
The Honorable Alfredo C. Marquez of the United States District Court for the District of Arizona has certified two questions of Arizona law to this court, reformulated as follows:
1. Whether a claim for punitive damages...
Norgord v. State ex rel Berning - 9/11/2001
AFFIRMED
The Pima County Superior Cour t (superior cour t) granted petitioner/ appellee the state's petition for special action and reversed a Tucson City Court magistrate's or der that had compelled a purported victim of...
State ex rel Pennartz v. Olcavage - 8/30/2001
JURISDICTION ACCEPTED; RELIEF GRANTED
In this special action, we are asked to decide whether persons who have received specific training in phlebotomy, who are certified in phlebotomy by two national certification agencies,...
Calnimptewa v. Flagstaff Police Department - 8/28/2001
REVERSED AND REMANDED
In this wrongful death action, we construe the scope of Arizona Revised Statutes section 12-820.02(A)(1)(2000), a statute granting immunity to public employees for ordinary negligence arising out of the...
Ogden v. J.M. Steel Erecting - 5/31/2001
The pivotal issue is whether the defendants are entitled to a new trial because the jury failed to allocate some degree of fault to a non-party, even though the parties stipulated that the non-party proximately caused the relevant...
Saucedo v. Salvation Army - 5/24/2001
The Salvation Army and Edward Stuart appeal from the trial court's denial of their motion for judgment as a matter of law on the issue of punitive damages, its denial of their motion for a new trial on all issues, its grant of a...
State v. Skiba - 3/29/2001
AFFIRMED
Valerie Sue Skiba appeals her conviction for aggravated driving while under the influence of intoxicating liquor ("DUI"), specifically, driving a vehicle while she was impaired and while her driver's license was...
City of Casa Grande v. Arizona Water Company - 3/13/2001
AFFIRMED
Plaintiff City of Casa Grande appeals from the trial court's order dismissing its condemnation action by which it sought to acquire a portion of defendant Arizona Water Company's (AWC) public utility property in...
State v. Powers - 2/27/2001
AFFIRMED IN PART; VACATED IN PART
Appellant Dustin Powers pled guilty to one count of leaving the scene of an accident and was convicted after a bench trial of a second count of leaving the scene of an accident arising from...
Pinedo v. Arizona Department of Transportation - 12/19/2000
The following action was taken by the Court of Appeals for the State of Arizona, Division Two, Department A on May 22, 2001,
ORDERED: Motion to Publish Opinion is GRANTED.
FURTHER ORDERED: The Memorandum Decision filed on...
State Farm Mutual Automobile Insurance Co. v. Lee - 12/8/2000
Special Action from the Superior Court in Pima County The Honorable Kenneth Lee, Judge AFFIRMED
Opinion of the Court of Appeals, Division Two 197 Ariz. 347, 4 P.3d 402 (App. 1999) VACATED
This is a bad faith action in...
State v. Rosengren - 11/16/2000
AFFIRMED
The state appeals from the trial court's or der suppressing certain evidence relevant to the sole charge of manslaughter against defendant/appellee John Rosengren. Rosengren cross- appeals from that order, contending...
State v. Bass - 11/9/2000
I. INTRODUCTION
This case involves criminal charges against Stephanie Lynn Bass, who drove a Cadillac El Dorado westbound in the right-hand lane of Baseline Road near 24th Street in Phoenix at speeds in excess of the limit. A...
State v. Samano - 10/17/2000
REVERSED AND REMANDED
Jose Alfredo Samano ("Defendant") was convicted of burglary, armed robbery, theft, and two counts of kidnapping. One of the kidnapping counts was designated a dangerous crime against a child. Defendant...
State v. Carlisle - 8/29/2000
CONVICTION AFFIRMED; REMANDED FOR RESENTENCING
David Alan Carlisle appeals from his conviction on one count of attempted sexual conduct with a minor under the age of fifteen, a class three felony, arguing that there was...
State v. Morales - 7/18/2000
AFFIRMED
A jury found appellant Theodore Morales guilty of aggravated driving under the influence of intoxicating liquor (DUI) while his license was suspended and aggravated DUI with a blood alcohol concentration (BAC) of .10...
State v. Watson - 7/3/2000
Defendant Verne L. Watson appeals the Maricopa County Superior Court's affirmance of his Phoenix Municipal Court conviction for a violation of the City of Phoenix's "Neighborhood Preservation Ordinance" arising out of the condition...
State v. Jones - 6/15/2000
Appeal from the Superior Court of Pima County The Honorable John S. Leonardo, Judge
AFFIRMED
Appellant Robert Jones appeals his convictions and death sentences for six counts of first-degree murder, and his convictions...
Logerquist v. Hon. McVey - 6/12/2000
Special Action from the Superior Court in Maricopa County The Honorable Michael R. McVey, Judge
VACATED AND REMANDED
Turley Swan & Childers, P.C. Phoenix
Applying the rule of Frye v. United States, 293 F. 1013...
Logerquist v. McVey - 4/19/2000
VACATED AND REMANDED
Applying the rule of Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), the trial judge entered an order precluding "expert testimony of Plaintiff's alleged repressed memory." We granted review to...
Luis A. v. Bayham-Lesselyong - 3/7/2000
Commissioners
JURISDICTION ACCEPTED; RELIEF GRANTED IN PART
In this consolidated special action, petitioners challenge the juvenile court's failure to dismiss delinquency proceedings. Petitioners advance two...
State v. Gaffney - 2/24/2000
VACATED
The state appeals from the trial court's order granting appellee Michael Gaffney's motion to suppress his blood and urine test results obtained after he was arrested for driving while under the influence of an...
State v. Fragozo - 1/27/2000
REVIEW GRANTED; RELIEF GRANTED
Ramon Francisco Fragozo
Florence
In Propria Persona
In this pro se petition for review of the denial of post-conviction relief pursuant to Rule 32, Ariz. R. Crim. P., 17...
State v. Clary - 1/20/2000
AFFIRMED
Peter J. Clary ("defendant") appeals his convictions and sentences for two counts of aggravated driving under the influence of intoxicating liquor ("aggravated DUI"), class 4 felonies. Defendant contends that the...
State v. Fields - 10/15/1999
SPECIAL ACTION PROCEEDING
RELIEF GRANTED
The State of Arizona seeks relief from the respondent trial Judge's order in the underlying criminal proceedings against real parties in interest John Eric Rosengren, Andrew...
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