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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Miernicki v. Arizona Department of Transportation - 6/27/1995
VOSS, Judge
The Arizona Department of Transportation, Motor Vehicle Division ("ADOT") timely appealed the superior court's judgment terminating the driver's license suspension of Paul C. Miernicki. We have jurisdiction pursuant...
State v. Stokley - 6/27/1995
En Banc
MOELLER, Vice Chief Justice
JURISDICTION
This is a capital case in which we review Richard Stokley's convictions for two counts of first degree murder, two counts of kidnapping, and one count of sexual conduct...
State v. Love - 6/27/1995
ZLAKET, Justice.
At approximately 8:30 a.m. on September 19, 1992, an Arizona Department of Public Safety officer found appellant Love's car stopped, with its engine still running, in the northbound emergency lane of Interstate...
Zamora v. Superior Court - 6/15/1995
COLARICH, Judge
Daniel Rodriguez Zamora ("Petitioner") petitions this court to review the trial court's denial of his motion to strike the allegation of two historical prior felony convictions. Because we hold that the trial...
State v. Brito - 6/6/1995
VOSS, Judge
In this case we hold that a defendant charged with aggravated driving while under the influence of intoxicating liquor or drugs ("aggravated DUI") is not entitled to a bifurcated trial; and that a driver does not have...
Snow v. Superior Court - 6/6/1995
Opinion
VOSS, Judge
Petitioner Kyle Douglas Snow filed a petition for special action alleging violations of his right to a speedy trial and the constitutional prohibition against double jeopardy. By order we previously...
State v. Moore - 4/13/1995
WEISBERG, Judge
Gerald Michael Moore ("defendant") appeals his convictions on four counts of aggravated driving under the influence of intoxicating liquor ("DUI") and one count of false reporting to a law enforcement agency. For...
State v. Keyonnie - 3/14/1995
EHRLICH, Judge
The state appeals the trial court's dismissal with prejudice of the charges pending against Vincent Keyonnie ("defendant"). Be-cause we find that the trial court erred, we reverse and remand.
FACTS AND...
State v. Mendoza - 3/9/1995
EHRLICH, Judge
Hilario H. Mendoza ("defendant") appeals from his conviction and sentence for aggravated driving under the influence of liquor ("DUI"). Specifically, he requests a new trial, arguing that his rights to trial by...
Matter of Koch - 2/28/1995
En Banc
ORIGINAL PROCEEDING FOR DISCIPLINARY ACTION
MARTONE, Justice.
This is a judicial disciplinary proceeding in which a Judge of the Tempe City Court asks us to modify the sanction recommended by the Commission on...
State v. King - 11/3/1994
CORCORAN, Justice
John Eric King (defendant) was convicted of two counts of premeditated first-degree murder and sentenced to death on both counts. This automatic appeal followed. See A.R.S. § 13-4031 ; rules 26.15, 31.2(b) and ...
Martinez v. Superior Court - 10/13/1994
KLEINSCHMIDT, Judge
This special action seeks the dismissal of a prosecution for driving under the influence of alcohol. The Petitioner claims that he was denied meaningful communication with his attorney on the night of his...
Matter of Horwitz - 10/11/1994
ORIGINAL PROCEEDING FOR DISCIPLINARY ACTION
FELDMAN, Chief Justice
This bar disciplinary action began after Richard Alan Horwitz was convicted of two counts of negligent homicide. As a result of these convictions, this...
Matter of Engan - 9/23/1994
JUDGMENT AND ORDER
This matter having come on for hearing before the Disciplinary Commission of the Supreme Court of Arizona, it having duly rendered its decision and no timely appeal therefrom having been filed, and the Court...
State v. Lautzenheiser - 9/20/1994
ZLAKET, Justice.
Defendant was charged with aggravated driving while under the influence of intoxicating liquor, a class five felony. His first trial ended with a hung jury on October 3, 1991. A second trial commenced December...
State v. Superior Court - 8/9/1994
VOSS, Judge
In this special action, the State asks us to overturn the superior court's order of March 30, 1994, reversing Harold Norris's (Norris) convictions in the Cottonwood Municipal Court and remanding the case to that court...
State v. Superior Court - 7/26/1994
VOSS, Judge
In this special action, the State asks us to overturn the superior court's order denying the State's appeal of the trial court's suppression of the Real Party in Interest's, Jeffrey L. Steen's (Steen's) breath test...
State v. Johnson - 7/14/1994
McGREGOR, Judge
The issues raised in this appeal are (1) whether a defendant can utilize Arizona Revised Statutes Annotated ("A.R.S.") section 28-695.A (Supp. 1993) to offer into evidence the results of a test on a retained...
Goulder v. Arizona Department of Transportation - 7/7/1994
MARTONE, Justice.
We granted review to resolve a conflict between the divisions of the court of appeals over whether an out-of-state conviction for driving under the influence is "upon a . . . charge of violating § 28-692" ...
Midland Risk Management Co. v. Watford - 6/30/1994
ESPINOSA, Presiding Judge.
Appellees Dovie Pauline Watford and Robert M. Watford (the Watfords) were involved in an automobile accident with Phillip Genaro Sanchez while he was driving a vehicle insured by appellant Midland Risk...
State v. Pitts - 5/5/1994
MOELLER, Vice Chief Justice
STATEMENT OF THE CASE
The trial court considered several factors, including defendant's prior DUI misdemeanor convictions, as aggravating factors in sentencing defendant for an aggravated DUI...
State v. Phillips - 4/26/1994
EHRLICH, Judge
The defendant appeals her conviction and sentence under Arizona Revised Statutes Annotated ("A.R.S.") section 28-692(A )(3), claiming that the statute is unconstitutional. For the following reasons, we affirm the...
Gibbons v. Superior Court - 4/21/1994
VOSS, Judge
Defendant Michael Gibbons was charged with aggravated driving or actual physical control while under the influence of intoxicating liquor ("aggravated DUI"), a class 4 felony. Ariz. Rev. Stat. Ann. ("A.R.S.") § ...
State v. Ekmanis - 4/19/1994
GERBER, Judge
Appellant-Petitioner Ingmar R. Ekmanis (Ekmanis) appeals from his conviction for one count of aggravated driving while under the influence of intoxicating liquor and from the sentence imposed. He also seeks...
State v. Scott - 12/21/1993
MOELLER, Vice Chief Justice
STATEMENT OF THE CASE
A jury found Roger Mark Scott (defendant) guilty of first degree murder, conspiracy to commit first degree murder, and kidnapping, a dangerous crime against children....
Robert Houston Humble v. Superior Court - 11/23/1993
JACOBSON, Judge
Petitioner Robert Houston Humble (defendant) seeks special action review of the trial court's order denying his motion to dismiss his indictment on two counts of driving while under the influence of intoxicating...
State v. Henry - 11/12/1993
On June 6, 1986, a highway patrolman stopped a pickup truck going the wrong way down Highway 93. In it were defendant, Graham Saunders Henry, and his passenger, Vernon Foote. Henry, who identified himself as "Harold Williams," was...
Matter of Dwyer - 11/12/1993
JUDGMENT AND ORDER
This matter having come on for hearing before the Disciplinary Commission of the Supreme Court of Arizona, it having duly rendered its decision and no timely appeal therefrom having been filed, and the...
State v. Dennett - 11/9/1993
LANKFORD, Judge
This appeal raises a novel question: Was defendant denied his right to counsel when he could not reach his attorney from a police station telephone that permitted only collect calls? We hold that the collect-only...
State v. Hursey - 10/19/1993
Opinion
FACTS
For more than a year and a half, the state and the defendant have agreed that the defendant is entitled to a new trial. Notwithstanding this agreement, both the trial court and the court of appeals have...
State v. West - 9/30/1993
Opinion
STATEMENT OF THE CASE
Thomas Paul West (defendant) was convicted by a jury of first degree felony murder, second degree burglary, and theft. He was sentenced to death for murder and to concurrent 10 year...
State v. Larriva - 9/23/1993
HATHAWAY, Judge.
The state appeals from the trial court's order dismissing with prejudice a charge against appellee of driving under the influence of intoxicating liquor while his license was suspended. The basis for the trial...
State v. Pitts - 9/21/1993
GARBARINO, Judge
Appellant Chester Lee Pitts (defendant) pled guilty to negligent homicide, a class 4 felony, and driving under the influence (DUI) on a suspended or revoked license, a class 5 felony. On appeal, the defendant...
State v. Superior Court - 8/19/1993
In this case we hold that a defendant charged with aggravated driving while under the influence of intoxicating liquor or drugs ("aggravated DUI") pursuant to Ariz.Rev.Stat. Ann. ("A.R.S.") § 28-697(A )(2) is not entitled to a...
State v. Rebollosa - 8/19/1993
VOSS, Judge
In this case we hold that a stipulation concerning an element of an offense that is accepted by all parties must be presented to the jury.
On August 1, 1990, an officer from the Mesa Police Department observed...
State v. James - 8/17/1993
Appellant was convicted of aggravated driving while under the influence of intoxicating liquor, a class five felony, and placed on probation for three years with the condition that he serve six months in prison. On appeal, he contends...
State v. Bingham - 8/5/1993
Defendant has appealed from his conviction for driving under the influence with a suspended license, a class 5 felony. He argues that it was error to force him to exhaust a peremptory strike of a venire person when the record showed...
Evenstad v. State - 8/5/1993
WEISBERG, Judge
Brenda Kay Axline's parents and Tracy Kim Johnson's parents ("appellants") appeal the trial court's granting of summary judgment in this negligence/wrongful death suit. Because we hold that the State is shielded...
Moss v. Superior Court - 7/29/1993
Defendants below, Louis B. Moss and Kenneth McElwain, petition for special action relief, asserting that the trial court's denials of their motions to suppress Intoxilyzer test results taken after their arrests for aggravated driving...
Cotterhill v. Bafile - 6/8/1993
LANKFORD, Judge
Charles L. Cotterhill filed this action against Ann Bafile, the owner of Mickey's Cocktail Lounge, to recover damages for personal injuries resulting from an assault by other patrons of the bar. A jury found that...
State v. Freeland - 5/27/1993
In a collision caused by an intoxicated driver, the victim's injuries were enhanced because he was not wearing his seat belt. In this combined appeal and petition for review, we consider among other issues whether the victim's...
Baker v. Clover - 5/25/1993
DRUKE, Presiding Judge.
Appellant George W. Clover, a Pima County sheriff's deputy, appeals from an adverse partial summary judgment finding him liable for violating the civil rights of appellee Bruce T. Baker. Because the issue...
State v. Vannoy - 4/22/1993
CONTRERAS, Judge
In this case, we decide whether the state must provide a breath sample to a defendant charged with driving under the influence of alcohol when the defendant has given a deficient sample in the breath test, but...
Edwards v. Arizona Department of Transportation - 4/15/1993
The Department of Transportation ("the department") appeals from the judgment reversing its suspension of the appellee's driver's license. In this opinion, we hold that the warnings mandated by Ariz.Rev.Stat.Ann. ("A.R.S.") section ...
State v. Garcia - 4/6/1993
Appellant, Jesse Jason Garcia ("defendant") was indicted on one count of aggravated assault and two counts of endangerment arising out of a "drive by" shooting in South Phoenix in July 1990. After the trial court directed a judgment...
Schade v. Department of Transportation - 4/6/1993
The state appeals from a superior court order reversing the Department of Transportation's (DOT) suspension of appellee Michael Schade's driver's license for refusing to submit to a requested test, after he had already submitted...
State v. Herrera - 3/4/1993
CAMERON, Justice
In October 1989, a Maricopa County jury convicted appellant Mickel William Herrera (defendant) of first degree felony murder, aggravated robbery, and kidnapping. The trial court sentenced defendant to death on...
State v. Groshong - 2/25/1993
[175 Ariz Page 68] Appellee Billie Groshong was charged with manslaughter, a class three felony, after he was involved in an automobile accident, allegedly while intoxicated, which resulted in the death of the driver of another...
State v. Snead - 2/4/1993
Appellant Gary W. Snead ("defendant") was charged by information with one count of aggravated assault. The State filed an allegation of dangerousness under Ariz.Rev.Stat.Ann. ("A.R.S.") section 13-604. Following a jury trial,...
State v. Youngblood - 1/7/1993
These consolidated cases require us to decide whether, absent bad faith on the part of the state, failure to preserve evidence which might be exculpatory constitutes a denial of due process of law under Article 2, § 4 of the...
State v. Salazar - 12/17/1992
MOELLER, Vice Chief Justice
JURISDICTION
Defendant, Alfonso Raymond Salazar, was convicted by a jury of first degree murder, kidnapping, and first degree burglary. He was sentenced to death for the murder and to concurrent...
State v. Martin - 12/10/1992
TOCI, Judge
A jury convicted defendant in Phoenix Municipal Court of driving a motor vehicle while under the influence of intoxicating liquor. Two principal issues are presented on appeal: (1) whether Ariz. Rev. Stat. Ann....
State v. Sanchez - 10/27/1992
[175 Ariz Page 52] After having been charged with driving under the influence, the defendant missed his court appearance. He later went to court and submitted himself to the Judge to try to explain his failure to appear. The court...
Hedlund v. Steven D. Sheldon-Superior Court - 10/8/1992
FELDMAN, Chief Justice
We accepted jurisdiction over this special action to determine whether the trial Judge abused his discretion when he decided to employ "dual juries" in a criminal trial. See Rule 3, Ariz.R.P.Spec.Act., 17B...
Lee v. Superior Court - 9/3/1992
EHRLICH, Judge
Robert Lee petitioned this court to consider whether the state's appeal from a municipal court order suspends the operation of a six-month savings statute allowing the refiling of criminal charges after the...
State v. Cook - 6/30/1992
Following a jury trial, appellant was convicted of driving under the influence of intoxicating liquor (DUI) while his license was suspended, cancelled, revoked, or refused, a class 5 felony. He was sentenced to the presumptive...
State v. Rodriguez - 6/11/1992
LIVERMORE, Chief Judge.
This special action was taken from the order of the superior court affirming a city magistrate's order suppressing the results of field sobriety and intoxilyzer tests conducted in connection with the real...
State v. Superior Court - 6/9/1992
TOCI, Judge
The issue in this case is whether the Justice court abused its discretion when it granted defendant's motion to sever the charge of violating Ariz. Rev. Stat. Ann. ("A.R.S.") section 28-692(A )(1) (driving under the...
State v. Krantz - 5/28/1992
HOWARD, Judge.
Appellant was convicted of manslaughter, a dangerous nature offense, after the vehicle he was driving while under the influence of alcohol rear-ended the victim's motorcycle that was stopped at a traffic light. He...
State v. Superior Court - 5/21/1992
This special action petition has been considered by the court, Presiding Judge John F. Taylor and Judges Rudolph J. Gerber and Susan A. Ehrlich participating.
The State of Arizona ("State") brought this petition for special...
State v. Robles - 5/7/1992
The state appeals from the trial court's order dismissing two charges of driving under the influence (DUI) against Arthur G. Robles. Because we conclude that the trial court abused its discretion in misapplying the applicable law to...
State v. Thornton - 4/21/1992
A jury found appellee Thornton guilty of driving under the influence of intoxicating liquor while his license was suspended, revoked, canceled, or refused, a class five felony. He moved for a new trial based on a violation of his...
State v. Lara - 4/2/1992
FACTS AND JURISDICTION
In this consolidated proceeding, we review two court of appeals' opinions that address the same issue and reach different results: State v. Malone, 171 Ariz. 321, 830 P.2d 842 (App.1991) and State v....
Producers Cotton Oil v. Industrial Commission - 3/10/1992
The only issue in this workers' compensation case is whether the administrative law Judge (ALJ) erred in finding that respondent's injury is compensable when the evidence showed that his blood alcohol level was .21% to .23% at the...
State v. Morris - 2/18/1992
GRANT, Presiding Judge
Defendant Clay Earl Morris ("Morris") appeals the trial court's order that he pay $2700 restitution in connection with his sentences on two counts of endangerment.
FACTS
The facts were...
State v. Lewus - 1/30/1992
Defendant, Thomas Franklin Lewus, pled no contest to leaving the scene of an injury accident, a class 6 felony. On appeal defendant argues that the trial court erred when it imposed restitution by order without his presence. We agree...
State v. Gandara - 1/28/1992
HOWARD, Judge.
In this appeal from his convictions in consolidated cases of two counts of driving under the influence of intoxicating liquor (DUI) with a suspended license (CR-31319 and CR-31700) and one count of aggravated DUI...
State v. Superior Court - 1/23/1992
The issue in this case is whether a defendant charged with aggravated driving while under the influence of intoxicating liquor is entitled to a bifurcated trial at which the state must first establish that he drove under the...
State v. Rowland - 1/21/1992
In this case, the trial court determined that defendant Thomas John Rowland was not under arrest at the time his blood was drawn in order to be tested for alcohol content. Accordingly, the trial court granted Rowland's motion to...
State v. Wedding - 1/14/1992
Appellant Randy Joseph Wedding (defendant) has appealed from judgments of conviction on thirty-two counts and the sentences imposed. For the reasons stated below, we affirm the convictions and sentences.
PROCEDURAL HISTORY ...
State v. Mendoza - 1/7/1992
Defendant Jorge G. Mendoza was convicted of (1) driving while under the influence of intoxicating liquor (DUI) with two prior DUI convictions and (2) driving with a blood-alcohol content (BAC) of 0.10 or more with two prior DUI...
Taylor v. Sherrill - 10/24/1991
STATEMENT OF THE CASE
The state seeks review of a court of appeals' opinion holding that the double jeopardy clause of the United States Constitution
applied to, and prohibited prosecution of, defendant's pending...
State v. Hardin - 9/30/1991
Following a high-speed chase ending with appellee crashing his car into the rear of a police vehicle, appellee was charged with several felony offenses, including felony fleeing and endangerment. The police also gave appellee a...
State v. Riddel - 9/5/1991
The state petitioned for special action relief from the superior court's ruling reversing the conviction of William Charles Stahlbush (defendant) for violating A.R.S. § 28-692(A ), driving while under the influence of intoxicating...
State v. Superior Court - 8/29/1991
[170 Ariz Page 474] The State of Arizona brings this special action challenging the superior court's affirmance of the Phoenix city magistrate's suppression of Jerome G. Klemencic's (defendant) breath alcohol test results. Because we...
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