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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In re Jonah T. - 9/16/1999
PARTIAL PUBLICATION; AFFIRMED IN PART
We have consolidated these two juvenile appeals to address a common issue: what is the effect of the prosecution's noncompliance with an administrative order of the Arizona Supreme Court...
Mack v. Cruikshank - 9/14/1999
RELIEF DENIED IN PART; RELIEF GRANTED IN PART
In these consolidated special action proceedings, petitioners Nanci Mack and Robert Marmion and real party in interest Glenda Hawkins (collectively, the defendants) were each...
State v. Galati - 7/8/1999
En Banc
These consolidated cases present the question whether a trial Judge can order a bifurcated trial that permits a defendant to plead guilty or to stipulate to prior convictions that are elements of a charged offense,...
State v. Brown - 6/22/1999
AFFIRMED
Defendant Gary Frederick Brown appeals from his conviction for driving under the influence of intoxicating liquor on a suspended license ("aggravated DUI") in violation of former Arizona Revised Statutes Annotated...
State v. Panveno - 5/27/1999
AFFIRMED
Shawn Frank Panveno (defendant) appeals his convictions and sentences for driving with a suspended license and aggravated driving with a blood alcohol concentration (BAC) of 0.10 or more within two hours of driving...
State v. McCann - 5/18/1999
En Banc
As amended June 28, 2001
AFFIRMED
Memorandum Decision of the Court of Appeals Division Two
VACATED
In State v. Reagan, 103 Ariz. 287, 440 P.2d 907 (1968), we held that a court can use a prior...
State v. Superior Court - 4/6/1999
JURISDICTION ACCEPTED; RELIEF GRANTED
The State seeks special action relief from the trial court's ruling suppressing evidence of breath tests from an Intoxilyzer 5000 that had been supplemented with a keyboard and vapor...
Amancio v. Forster - 4/1/1999
Joseph C. Amancio was arrested for unlawful imprisonment, a class 6 felony, but the prosecutor designated the offense a class 1 misdemeanor, which would not entitle him to a jury trial. Amancio subsequently filed a special action...
Badia v. City of Casa Grande - 3/16/1999
AFFIRMED
Plaintiff/appellant Delores Badia, individually and on behalf of the estate and children of her deceased daughter, Ida Perez, appeals from a summary judgment granted in favor of defendants/appellees the City of Casa...
Koller v. Arizona Department of Transportation - 3/9/1999
REVERSED AND REMANDED
After a hearing, an administrative law Judge ("ALJ") entered an order suspending plaintiff Betty Koller's ("Koller's") driver's license for refusing to take a breath test under Arizona's implied consent...
State v. Smith - 2/23/1999
Appeal from the Superior Court of Arizona in Coconino County The Honorable H. Jeffrey Coker, Judge
AFFIRMED
A jury convicted Todd Lee Smith of two counts of first-degree murder (both premeditated and felony murder for...
State v. Miller - 2/9/1999
Kenneth Dean Miller ("Defendant") appeals his conviction for Aggravated DUI with one prior conviction, a class 4 felony. Defendant claims the trial court committed fundamental error by participating in plea negotiations and then...
State v. Sharp - 1/28/1999
Appeal from the Superior Court of Cochise County The Honorable Matthew W. Borowiec, Judge
AFFIRMED
Appellant Kyle David Sharp appeals his conviction and death sentence for first-degree premeditated and felony murder. We...
State v. Hernandez - 5/26/1998
DEPARTMENT B
Appeal from the Superior Court of Maricopa County
Cause No. CR 94-00738
The Honorable Peter T. D'Angelo, Judge
AFFIRMED
Armando Michael Hernandez ("Defendant") appeals from his conviction...
State v. Guerra - 4/30/1998
DEPARTMENT D
AFFIRMED
Appellant Ronald H. Guerra (defendant) appeals from his convictions for aggravated driving under the influence (DUI) and aggravated driving with an alcohol concentration of .10 percent or more within...
State v. Hammonds - 4/28/1998
DEPARTMENT B
AFFIRMED
Jack Ray Hammonds appeals from his conviction and sentence on one count of aggravated driving while a drug or its metabolite was present in his body, a class 4 felony. The sole issue on appeal is...
Walker v. Superior Court - 4/16/1998
DEPARTMENT C
NAVAJO County
Superior Court
No. CR 97-125
JURISDICTION ACCEPTED; RELIEF GRANTED
A police officer stopped Petitioner's vehicle for expired plates. When Petitioner could not produce a...
State v. Flournoy - 3/26/1998
DEPARTMENT D
JURISDICTION ACCEPTED; RELIEF DENIED
The question is whether a defendant who waives the right to trial by jury in municipal court can invoke that right when granted a trial de novo on appeal to superior...
Caretto v. Arizona Department of Transportation - 2/17/1998
REVERSED AND REMANDED
Pursuant to the implied consent provisions of Arizona Revised Statutes Annotated ("A.R.S.") section 28-691(B) (Supp. 1997), an administrative law Judge ("ALJ") suspended the driver's license of John P....
State v. Cannon - 2/3/1998
(Redesignated per Order dated 7-29-98)
AFFIRMED
The State appeals the trial court's entry of a directed verdict in favor of Richard Lee Cannon (defendant) on one count of aggravated driving with an alcohol concentration...
Lind v. Superior Court - 1/27/1998
Brett William Lind ("Defendant") has filed this Petition for Special Action from the denial of his Motion to Suppress the use of a portion of a blood sample taken by a hospital following Defendant's car accident, but prior to...
State v. Cramer - 1/13/1998
The Honorable Peter T. D'Angelo, Judge
REVIEW GRANTED; RELIEF DENIED
Para(s) 1 David Cramer ("defendant") petitioned this court to review the trial court's denial of a motion to withdraw his guilty plea and a petition for...
State v. Brun - 12/11/1997
Filed 12-11-97
The Honorable Louis A. Araneta, Judge
REVERSED AND REMANDED
After he was charged with a misdemeanor, Defendant filed a demand for jury trial and a motion to suppress his statements. While the motion...
In re Victor P. - 11/6/1997
This appeal requires us to decide (1) whether juvenile courts retain jurisdiction to decide whether a juvenile transferred to adult criminal court can bring a delayed appeal pursuant to Rule 29(b), Arizona Rules of Procedure for the...
State v. Virgo - 10/30/1997
GRANT, Judge
Keithel Ainsworth Virgo ("Defendant") appeals his convictions on two counts of Possession of Marijuana, each a class 4 felony, for which he was sentenced to two 2.5-year terms. For reasons that follow, we vacate both...
State v. Superior Court - 10/30/1997
GRANT, Judge
This is a special action filed by the State from decisions by the city court ("trial court") and the superior court finding no probable cause to arrest Respondent/Real Party in Interest, Michael Daniel Seidel for...
State ex rel. McDougall v. Superior Court In and For County of Maricopa - 10/30/1997
Amended per Order dated 12-9-97
JURISDICTION ACCEPTED; RELIEF GRANTED; REMANDED WITH DIRECTIONS
This is a special action filed by the State from decisions by the city court ("trial court") and the superior court finding...
State v. Lummus - 10/28/1997
KLEINSCHMIDT, Judge
This case involves a conviction for driving under the influence of intoxicating liquor. We hold that allowing a witness to testify that on a scale of one to ten the Defendant rated a "ten plus" for...
State v. Superior Court - 10/14/1997
O P I N I O N
E H R L I C H, Judge
John L. Bryant and Richard L. Sanchez asked us to review by special action the trial court's rejection of their plea agreements. The Navajo County Attorney joined their petition. By...
Myers v. Reeb - 10/7/1997
NOYES, Judge
This appeal arises from a magistrate's plain error in failing to follow the Arizona Supreme Court opinion which holds that a person charged with driving under the influence of intoxicating liquor is entitled to a...
State v. Sanchez - 9/30/1997
DRUKE, Chief Judge.
A jury found appellant guilty of one count of aggravated driving under the influence of intoxicating liquor (DUI) on a suspended or revoked license and one count of aggravated DUI with a blood alcohol content...
State v. Nihiser - 9/30/1997
BRAMMER, Judge
Bart Nihiser was convicted of one count each of aggravated driving under the influence of intoxicating liquor (DUI) and aggravated driving with a blood alcohol concentration of 0.10 or more while his license was...
State v. Shone - 9/23/1997
PATTERSON, Judge
Louis Shone appeals his conviction and sentence for aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs (DUI), a class four felony. Shone was sentenced to four...
State v. Spreitz - 9/11/1997
En Banc
JONES, Vice Chief Justice
Christopher John Spreitz (defendant) was convicted of first degree murder, sexual assault, and kidnapping. His victim was Ruby Reid. The trial court sentenced Spreitz to death for the...
State v. Strohson - 9/4/1997
En Banc
SPECIAL ACTION
MOELLER, Justice
PROCEDURAL HISTORY
Respondent Dale W. Cantrell was charged in Phoenix Municipal Court with simple assault, a class 1 misdemeanor, in violation of A.R.S. § 13-1203(A)(1)....
Hennessey v. Superior Court - 6/12/1997
GRANT, Judge
Petitioner, Patrick J. Hennessey ("Defendant"), filed a petition for special action alleging the Superior Court, acting in its appellate capacity, violated Rule 8.2(a) of the Arizona Rules of Criminal Procedure by...
State v. Garcia - 5/22/1997
McGREGOR, Chief Judge
In these consolidated appeals, we examine the use of historical prior felony convictions as a basis for sentence enhancement under Arizona Revised Statutes Annotated ("A.R.S.") section 13-604 (Supp. 1996)....
State v. Jones - 4/29/1997
MOELLER, J.
FACTS AND PROCEDURAL HISTORY
Defendant lived in a trailer park in Tucson. At the time of the murder, he had shared his trailer with Angela Gray and her three children for about three months. Defendant's daughter...
State v. Lemming - 4/17/1997
KLEINSCHMIDT, Judge
The State appeals the dismissal with prejudice of two counts of aggravated driving while under the influence of intoxicating liquor (DUI). See Ariz. Rev. Stat. Ann. (A.R.S.) § 13-4032(1). The dismissal was...
State v. Medina - 4/17/1997
KLEINSCHMIDT, Judge
The Defendant was charged with aggravated driving while under the influence of intoxicating liquor. The trial court dismissed the case with prejudice because it found that the Defendant's right to a speedy...
State v. Sanchez - 4/15/1997
HANDLER, Judge Pro Tempore.
A jury found appellant guilty of aggravated driving under the influence of intoxicating liquor (DUI) on a suspended or revoked license and one count of aggravated DUI with a blood alcohol content of...
Williams v. Thude - 4/3/1997
En Banc
ZLAKET, Chief Justice.
The facts of this vehicular tort case are set forth in the opinion of the court of appeals. See Williams v. Thude, 180 Ariz. 531, 533, 885 P.2d 1096, 1098 (App. 1994). We granted review of two...
State v. Banicki - 3/4/1997
VOSS, Judge
Robert Banicki (defendant) appeals from his convictions and sentences on one count of aggravated driving under the influence of intoxicating liquor and one count of driving under the influence of intoxicating liquor...
McCleaf v. State - 2/11/1997
THOMPSON, Judge
A Yuma County probationer and felon, Josie Sanchez (Sanchez), got drunk and drove a car through a stop sign, causing a fatal collision. Frances McCleaf (plaintiff), mother of one child killed by Sanchez and of...
State v. Corona - 2/11/1997
EHRLICH, Judge,
In this consolidated proceeding, James Morgan Corona ("defendant") appeals his convictions for threatening and intimidating two people, class 4 felonies, and the subsequent revocation of his probation. We agree...
Ricard v. Arizona Department of Transportation - 1/30/1997
PATTERSON, Judge
The Arizona Department of Transportation appeals from the superior court's reversal of the suspension of Michael Ricard's license to drive. The superior court ruled that the record clearly revealed that (1) the...
State v. Everidge - 12/10/1996
PER CURIAM.
Appellant was convicted after a jury trial of possession of a narcotic drug. He admitted three prior felony convictions while preserving his claim that his 1963 and 1973 convictions did not qualify as historical prior...
State v. Cordovana - 11/19/1996
GARBARINO, Judge
The State appeals from the trial court's ruling dismissing the case against Anthony Michael Cordovana (defendant) with prejudice on the ground that his right to a speedy trial was violated. We find that the trial...
Ortiz v. Clinton - 11/12/1996
SKELLY, Judge
This appeal addresses whether an employee who was intoxicated while driving on the job and who failed to heed his co-worker's order to stop the vehicle was acting outside the scope of his employment. We hold that...
State v. Leblanc - 9/5/1996
En Banc
ZLAKET, Vice Chief Justice.
Defendant was convicted of driving under the influence of intoxicants on a suspended or revoked license (aggravated DUI). See A.R.S. §§ 28-692(A)(1), -697(A)(1). At trial, the court gave...
State v. Dunlap - 9/5/1996
VOSS, Judge
Max A. Dunlap (defendant) appeals his convictions for first degree murder and conspiracy to commit obstructing a criminal investigation or prosecution, influencing a witness, and receiving a bribe by a witness. We...
State v. Superior Court - 8/29/1996
This court has considered this appeal, Presiding Judge Susan A. Ehrlich and Judges William F. Garbarino and Cecil B. Patterson, Jr. participating. The petitioner challenges the ruling of the municipal court and its affirmance by the...
State v. Superior Court - 8/20/1996
GERBER, Judge
Petitioner State of Arizona sought special action relief from the respondent Judges' dismissals of two DUI-related counts against real party in interest Shelly Plummer (Ms. Plummer). In a previous order, we accepted...
State v. Duber - 7/26/1996
PER CURIAM.
The state seeks special action relief from the respondent Judge's ruling that breath test results are inadmissible in the underlying Justice court DUI trial against the real party in interest. We disagree with both...
State v. Smith - 7/11/1996
DRUKE, Chief Judge.
A jury convicted appellant of one count of child abuse and one count of first-degree murder. The charges against appellant arose after his girlfriend's one-year-old daughter, Sedona, lapsed into a coma and...
State v. Bolan - 7/2/1996
TOCI, Judge
Teresa A. Bolan ("defendant") appeals the Maricopa County Superior Court order affirming the Glendale Municipal Court's denial of her motion to suppress the results of her blood alcohol tests. She claims that Ariz....
Ohio Casualty Insurance Co. v. Henderson - 5/28/1996
LIVERMORE, Judge.
Padriac Hill was murdered by one of three armed robbers. The parents of Hill made a claim against one of the robbers, Joel Henderson. Henderson was insured under the homeowner's policy of his parents....
Zamora v. Reinstein - 5/7/1996
En Banc
ROSE, Judge*
The state petitioned this court for review of a court of appeals opinion interpreting A.R.S. § 13-604(U)(1)(a) (Supp. 1995). See Zamora v. Superior Court, 183 Ariz. 470, 904 P.2d 1294 (App. 1995). We...
State v. Gallegos - 5/3/1996
En Banc
CORCORAN, Justice (Retired)
Michael Steven Gallegos (defendant) was convicted of first-degree murder and sexual conduct with a minor under age 15. On May 24, 1991, he was sentenced to death on the first-degree...
Matter of Maricopa County - 4/18/1996
CONTRERAS, Presiding Judge
The juvenile appeals from the revocation of his probation for failure to attend Valley Vocational Services Day Support Programming as orally directed by his probation officer. The issue presented is...
State v. Webb - 3/29/1996
ESPINOSA, Judge.
Appellant Daniel Byron Webb was convicted of two offenses arising out of the same conduct: driving under the influence of intoxicating liquor while his license was suspended (aggravated DUI) and driving under...
State v. Jansing - 3/28/1996
GARBARINO, Judge
Connie Gail Jansing (defendant) appeals her convictions and sentences for manslaughter, a class 3 dangerous felony; aggravated assault, a class 2 felony; two counts of endangerment, class 6 felonies; aggravated...
State v. Transon - 3/12/1996
VOSS, Judge
On February 11, 1994, Phoenix police officers stopped a vehicle driven by Paul Transon (appellee). The officers suspected appellee was driving under the influence of intoxicating liquor (DUI) and requested that...
Riddle v. Arizona Oncology Services Inc. - 3/6/1996
PELANDER, Judge.
In this personal injury action, plaintiff/appellant Steven Riddle appeals from the trial court's judgment dismissing his complaint under Ariz. R. Civ. P. 12(b)(6), 16 A.R.S., based on the court's legal...
Diaz v. Arizona Department of Transportation - 3/5/1996
SULT, Judge
We are again faced with the issue of the amount of information a law enforcement officer must give a person arrested for driving under the influence of alcohol when the officer requests that person to take a blood...
Wicks v. Motor Vehicle Division - 12/28/1995
McGREGOR, Presiding Judge
The issue raised in this appeal is whether the Motor Vehicle Division of the Arizona Department of Transportation (MVD) may suspend a driver's license pursuant to Arizona Revised Statutes Annotated...
Medina v. Arizona Department of Transportation - 12/5/1995
Opinion
THOMPSON, Judge
The dispositive issue in this appeal is whether the alleged failure of Petitioner-Appellee Daniel Medina ("Medina") to exhaust all available administrative remedies following suspension of his...
State v. Lee - 11/28/1995
GARBARINO, Judge
The State appeals the trial court's order suppressing the results of field sobriety tests and evidence of the refusal by Marilyn Lee (defendant) to take an intoxilyzer test. According to the State, the arresting...
Marzolf v. Superior Court - 11/21/1995
KLEINSCHMIDT, Judge
This special action presents the question whether the suspension of a driver's license because a driver fails a breath test precludes, on Double Jeopardy grounds, a later punishment for driving under the...
State v. Superior Court - 9/26/1995
GERBER, Judge
The State petitions this court to accept special action jurisdiction and reverse the trial court's ruling that a person whose property was damaged by a driver convicted of driving while under the influence of...
State v. Swanson - 8/10/1995
LIVERMORE, Presiding Judge.
Defendant was charged with driving under the influence, driving with an alcohol concentration of .10 or more within two hours of driving, and two counts of reckless child abuse. He was found guilty of...
Martinez v. Arizona Department of Transportation - 8/10/1995
LIVERMORE, Presiding Judge.
Defendant was involved in an automobile accident and because of the strong odor of alcohol was suspected of DUI. At the hospital a police officer requested that defendant consent to a blood test and...
State v. Arzola - 8/3/1995
KLEINSCHMIDT, Presiding Judge
In July 1994, the Defendant pled guilty to one count of aggravated driving under the influence of alcohol with a blood alcohol content of .10 percent or more in violation of Arizona Revised Statutes...
State v. Valenzuela - 6/30/1995
Opinion
ESPINOSA, Presiding Judge.
The state has appealed from the trial court's order granting appellee Susanna Lucille Valenzuela's motion to suppress evidence seized following what it concluded was an illegal arrest....
State v. Brown - 6/27/1995
En Banc
MARTONE, Justice.
The question presented in this case is whether a charge of driving under the influence or with an alcohol concentration of .10 or more in violation of A.R.S. § 28-692(A ) may be proven by...
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