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. Morales - 8/8/1991
In his appeal from his conviction on two counts of manslaughter and a misdemeanor count of driving under the influence of intoxicating liquor (DUI), appellant contends that the court erred in admitting the results of tests performed...
State v. Brown - 7/23/1991
The state petitioned for review of the superior court's ruling denying the state's
motion in limine. The petition for special action raised the issue whether Desmond v. Superior Court, 161 Ariz. 522, 779 P.2d 1261 ...
State v. Figueroa-Soto - 7/9/1991
In the second half of 1988 defendant was charged in three separate proceedings with multiple counts of marijuana offenses and conspiracy. He was represented by retained
counsel. In 1989 he was charged in a two count...
State v. Campa - 6/27/1991
STATEMENT OF THE CASE
Humberto Camillo Campa (defendant) was arrested for driving a motor vehicle while under the influence of intoxicating liquor (DUI). Because his driver's license had been previously suspended, and because...
State v. Williams - 6/27/1991
Appellant Roger Williams contends that his conviction for aggravated assault should be vacated and the charges dismissed and that he should be granted a new trial on the charges of reckless endangerment and leaving the scene of an...
West v. Sundance Development Co. - 6/27/1991
Sundance Development Company (Sundance) has appealed from a $650,000 personal injury judgment in favor of Billie Jane West. The accident occurred on a dirt road known as Whispering Pines Drive which was located within the Solitude...
State v. Aguilar - 6/25/1991
Petitioner was found guilty by a jury in city court of driving under the influence, driving with a blood alcohol content greater than .10% and failure to stop. He was also found to have had a previous DUI conviction and was found...
State v. Kemp - 6/11/1991
The State of Arizona (State) petitioned for review of the court of appeals' decision reversing Bret John Kemp's (Kemp) conviction for manslaughter and driving while under the influence (DWI) charges. We granted review to determine...
State v. Albrecht - 5/16/1991
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...
State v. Hantman - 5/16/1991
[169 Ariz Page 414] This special action presents yet another question regarding the application of the Supreme Court's decision in Grady v. Corbin, 495 U.S. 508, 110 S.Ct. 2084, 109
L.Ed.2d 548 (1990). In this case, the...
State v. Nichols - 5/14/1991
The State of Arizona seeks special action relief from the Superior Court's order granting real party in interest Michael Layne special action relief from the Tucson City Court's denial of his motion to dismiss a charge of driving...
Ciulla v. Miller - 5/7/1991
This appeal is taken from a superior court order affirming the administrative hearing officer's decision to suspend appellant's driver's license for 90 days. The hearing officer found reasonable grounds to believe appellant was...
State v. Swensrud - 4/9/1991
The State of Arizona (State) petitioned for review of the court of appeals' memorandum decision affirming the trial court's order dismissing defendant's prosecution for driving while under the influence of intoxicating liquor (DUI)...
State v. Garcia - 4/9/1991
Appellees were indicted for possession of cocaine. The state appeals the trial court's suppression of evidence seized in an automobile search. Appellant asserts: (1) bullets in plain view in the front seat of the car gave reason to...
State v. Malone - 3/28/1991
Counsel for appellant filed this appeal in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969), and has asked this court to search the...
Cacavas v. Bowen - 3/19/1991
Petitioners, criminal defendants in underlying proceedings before the City Court of Tucson, seek special action relief from the orders of the respondent magistrate denying their motions to dismiss on the grounds that A.R.S. § ...
State v. Sheehan - 3/5/1991
FACTS
Appellant James Michael Sheehan ("defendant") was convicted of possession of drug paraphernalia on August 21, 1988, and placed on probation for three years. On August 25, 1989, a petition to revoke probation was filed...
In re Lockwood - 12/13/1990
The Commission on Judicial Conduct (Commission) recommends that Edward D. Lockwood (respondent), Justice of the Peace, West Mesa Precinct, be publicly censured for violations of certain Canons of the Code of Judicial Conduct. See...
State v. Acosta - 11/13/1990
Roberto Gonzalez Acosta, the defendant, was indicted for one count of possessing cocaine and one count of transporting cocaine. He filed a motion to suppress the cocaine found during a search of the car he was driving. After an...
State v. Hall - 11/8/1990
This case arises out of the trial court's dismissal of an allegation that the charge of aggravated assault was a dangerous offense pursuant to A.R.S. section 13-604(G ). The state brought this special action to require the trial...
In re Appeals - 11/6/1990
FACTS
These juvenile cases have been consolidated for purposes of this appeal. Both juveniles were arrested and charged with driving while intoxicated and driving with a blood alcohol content in excess of .10 percent, both...
Bucciarelli v. Arizona Department of Transportation - 10/25/1990
David J. Bucciarelli appeals from an order of the trial court dismissing his complaint seeking review of an order of the Arizona Department of Transportation (ADOT) suspending Bucciarelli's driver's license. For the reasons set forth...
State v. City Court of City of Mesa - 10/11/1990
Leonard Joseph LoPresti (defendant) petitioned for review of a court of appeals' opinion affirming the superior court's grant of special action relief to the State. The superior court's ruling permits the State to introduce horizontal...
Sherrill v. Department of Transportation - 10/9/1990
Nancy Jane Sherrill (petitioner) seeks review of a court of appeals decision affirming her license suspension for refusal to successfully complete a blood alcohol test. 164 Ariz. 442, 793 P.2d 1109. The issue presented is whether...
State v. Mendoza - 9/27/1990
The defendant was convicted of driving while under the influence of intoxicating liquor (DUI) with two prior convictions, and driving with a blood-alcohol content of 0.10 or more with two prior convictions, class 5 felonies, in...
Taylor v. Sherrill - 9/25/1990
The State of Arizona has filed a petition for review of the order of the trial court granting defendant John Hubert Taylor's petition for post conviction relief under Rule 32, Ariz.R.Crim.Proc., 17 A.R.S. A new trial was set and...
State v. Lara - 9/20/1990
After pleading no contest to manslaughter, a class 3 dangerous felony, defendant Rosalio Perez Lara was convicted and sentenced to an aggravated term of 12 years' imprisonment. On appeal, defendant alleges that the trial court erred...
State v. Garcia - 9/20/1990
Defendant was convicted by a jury of aggravated assault, a dangerous felony; driving under the influence (DUI); and, driving with a blood-alcohol content (BAC) of .10% or above, class 1 misdemeanors. He was sentenced to the presumptive...
State v. Velasco - 9/19/1990
We accepted jurisdiction of this special action to examine the requirements of due process in connection with scientific testing of breath to determine blood alcohol concentration (BAC) of those arrested for driving under the influence...
State v. Stuart - 9/18/1990
Charles E. Stuart appeals from convictions for driving while under the influence of intoxicants (DUI), DUI with a blood-alcohol content of .10 percent or more, DUI on a suspended license, and driving with a blood-alcohol level of .10...
Matter of Ockrassa - 9/18/1990
The State Bar filed a complaint on January 12, 1988, alleging that respondent violated the ethical rules regarding conflicts of interest. The Hearing Committee (Committee) filed its report on September 13, 1988, finding that respondent...
Hovey v. Superior Court - 9/11/1990
Petitioner Timothy James Hovey brings this special action seeking relief from the trial court's denial of his motion to dismiss charges brought against him after he had entered a plea agreement. We accept jurisdiction and grant him...
Pharo v. Tucson City Court and Honorable Ann Bowen - 9/6/1990
Appellant Sandra Pharo appeals from the superior court ruling that respondent Tucson City Court magistrate Ann Bowen did not abuse her discretion in denying appellant's evidentiary motions in her prosecution for driving under the...
Lewis v. Warner - 9/4/1990
This special action was taken from the trial court's order denying petitioner's motion to dismiss. The double jeopardy issue presented arises out of the application of the United States Supreme Court's recent decision in Grady v....
Isbell v. Miller - 8/30/1990
Appellant, Marion William Isbell, III, appeals from the superior court's affirmance of an administrative order which suspended his driver's license for driving under the influence of an intoxicating beverage. He raises the following...
State v. Hamblin - 8/28/1990
Appellant Sidney Hamblin (defendant) was convicted in Maricopa County Superior Court of two counts of leaving the scene of an accident in violation of A.R.S. §§ 28-661, 28-663, 28-444, 28-445, 13-701, 13-702, 13-801 and...
State v. Kemp - 8/21/1990
Bret John Kemp appeals from a jury verdict finding him guilty of manslaughter using a dangerous instrument (an automobile), driving a motor vehicle under the influence of intoxicating liquor while his license was suspended and...
State v. Loera - 8/14/1990
The state appealed from the trial court's order dismissing charges against Reginald Loera because he was in federal custody and could not be given a speedy trial in accordance with Rule 8, A.R.Crim.P. We reverse and remand.
The...
State v. Mathieu - 8/2/1990
This appeal addresses whether an offender of the driving while intoxicated statute,
A.R.S. § 28-692.02, is entitled to receive presentence incarceration credit against time served in prison as a condition of probation....
State v. Marty - 7/26/1990
In this case we hold that a defendant can be guilty of manslaughter by supplying drugs and alcohol to the driver of a vehicle who subsequently dies in an accident.
This appeal was filed in accordance with Anders v. California,...
Knapp v. Miller - 6/14/1990
Petitioner-appellant John L. Knapp ("Knapp") appeals from a judgment affirming an administrative order suspending Knapp's driver's license pursuant to A.R.S. § 28-694. We affirm the judgment.
I.
At approximately 5:30 p.m....
Bruce v. Chas Roberts Air Conditioning Inc. - 5/31/1990
Claudia and Norman Bruce and their children (collectively, Bruce) appeal from summary judgment for appellee Chas Roberts Air Conditioning, Inc. (Roberts) on the Bruce claims for negligence. Claudia and Norman Bruce were injured in a...
State v. Nance - 5/24/1990
FACTS AND JURISDICTION
Respondent William Daniel Nance was arrested for driving while intoxicated. Approximately one hour after his arrest, respondent submitted to a breath test that resulted in a blood alcohol content (BAC) of...
Novak v. State - 5/15/1990
The State of Arizona, through its Department of Transportation, appeals from the trial court's reversal of a Department order suspending appellee Mark Jeffrey Novak's driver's license for six months pursuant to A.R.S. § 28-452(A )...
Tyers v. Arizona Department of Transportation - 5/3/1990
This is an appeal from the judgment affirming the suspension of appellant's driver's license pursuant to A.R.S. § 28-694.
In April 1988 appellant was stopped by a police officer who had observed appellant's erratic driving....
State v. Stidham - 5/1/1990
Appellant Tom Dean Stidham (defendant) was charged by indictment with driving under the influence (DUI) while his license was suspended, cancelled, revoked or refused. The jury found him guilty as charged. He received a mitigated...
State v. Meshurle - 4/19/1990
This appeal questions the propriety of the trial court's dismissal of a felony DUI charge pursuant to Montano v. Superior Court, 149 Ariz. 385, 719 P.2d 271 (1986). We affirm.
Appellee was arrested for felony DUI in...
State v. Campa - 4/19/1990
FACTS
In the early morning hours of May 29, 1988, police arrested appellant for driving while under the influence. 205 days later, on December 20, 1988, he was tried by a jury and subsequently convicted of four charges: A.R.S....
State v. Jonas - 4/17/1990
Defendant Jay Martin Jonas (defendant) petitions for review of the court of appeals decision affirming his convictions for trafficking in stolen property and transferring marijuana to a minor under the age of 15 years, and his...
State v. City Court of City of Tucson - 3/26/1990
We address the admissibility of certain Intoxilyzer results. Defendant Edward J. Davis filed a petition for review asking this court to review a court of appeals decision in this matter. See State ex rel. Dean v. City Court, 163...
Andre v. Tucson City Court - 3/13/1990
Appellant was arrested on April 3, 1987, for driving while under the influence of intoxicating liquor in violation of A.R.S. § 28-692. At her initial court appearance on April 13, 1987, a trial was set for July 7, 1987. Appellant...
State v. Youngblood - 12/28/1989
In this appeal on remand from the United States Supreme Court, Larry Youngblood once again argues for reversal of his convictions for child molestation, sexual assault and kidnapping because evidence crucial to his defense was lost. ...
State v. Woodall - 12/28/1989
The only issue on appeal is whether a court may order an imprisoned defendant to make criminal restitution payments when the sole income from which those payments will be paid is a workers' compensation award.
FACTS ...
State v. Hantman - 12/14/1989
The state files this petition for special action in connection with the trial court's granting of defendant Salvador Garcia Prado's motion for new trial based upon juror misconduct. Because the impeachment of the jury's verdict...
State v. Schad - 12/14/1989
The defendant, Edward Harold Schad, Jr., was convicted by a Yavapai County jury of first degree murder and sentenced to death. State v. Schad, 129 Ariz. 557, 633 P.2d 366 (1981), cert. denied, 455 U.S. 983, 102 S.Ct. 1492, 71...
State v. Garcia - 12/12/1989
Defendant Christine Garcia appeals from her conviction for possession of cocaine. For the reasons set forth below, we affirm.
FACTS
In the early morning hours of December 11, 1987, Christine Garcia was a passenger in a...
Saenz v. Honorable Lina S. Rodriguez - 12/7/1989
This special action requires us to revisit the issue of advising a DUI arrestee of his right to counsel and our prior decision in State v. Superior Court (Matthews), 158 Ariz. 500, 763 P.2d 996 (App.1988).
Petitioner was...
State v. Sexton - 11/2/1989
The appellant, Claude Hibert Sexton, was found guilty by a jury of driving while intoxicated while his license was suspended, revoked or refused. He was sentenced to 2 years imprisonment with 41 days of pre-sentence incarceration...
State v. Superior Court - 10/31/1989
I. JURISDICTION
This petition for review, filed by the state, challenges the trial court's dismissal of a driving under the influence of intoxicating liquor (DUI) charge (A.R.S. §§ 28-692(A ), 28-692.02 ) against the...
State v. City Court of City of Tucson - 10/31/1989
This is an appeal from the denial of special action relief. The state filed a motion in limine to determine the admissibility of the breath test administered to the appellees in order to permit the state to use the results at...
State v. Wilkinson - 10/31/1989
Robert Joseph Wilkinson appeals from his conviction for driving while intoxicated (DUI) on a suspended license, a class 5 felony, arguing that his conviction cannot be sustained because at the time of the DUI offense, he possessed a...
Thomson v. Miller - 10/26/1989
In September 1985, appellant Jeffrey Thomson was adjudicated delinquent for violating A.R.S. § 28-692(B ). On May 17, 1987, he was convicted of violating A.R.S. § 28-692(A ). Because of these convictions, his license was revoked...
Ball v. Prentice - 9/28/1989
Gerad L. Ball appeals from adverse partial summary judgments on his negligence claim against William Prentice and the Estate of Jane Prentice, deceased. The trial court ruled he had no claim for negligent infliction of emotional...
State v. Shuler - 9/19/1989
The principal issue on appeal in this case concerns whether the trial court may properly consider prior arrests as an aggravating circumstance in determining a defendant's sentence. We hold that the court may not consider mere...
Braun v. Motor Vehicle Division - 9/12/1989
This case is on appeal from a review of a decision of the Arizona Department of Transportation, Motor Vehicle Division, by the Superior Court of Navajo County. We have jurisdiction pursuant to A.R.S. §§ 12-120.21(A )(1), 12-913 and ...
State v. Clements - 6/29/1989
A court is statutorily obliged to impose at least a six month prison term when it places a felony DWI offender on probation. A.R.S. § 28-692.01(F ). The question presented by this appeal is whether A.R.S. § 28-692.01(F ) deprives the...
Olson v. Walker - 6/27/1989
This appeal primarily concerns the award of punitive damages in a personal injury action. A secondary issue concerns the trial court's refusal to strike certain expert testimony. For the reasons explained below, we affirm. ...
State v. Honorable Carmen Dolny - 6/15/1989
JURISDICTION
These two consolidated cases are both misdemeanor prosecutions for possession of marijuana. The court of appeals, in a published opinion, reversed lower court orders granting jury trials in these cases, 157 Ariz....
State v. Miller - 5/18/1989
The state has appealed from the trial court's order granting appellee's motion to dismiss the charges against him. Appellee was indicted on two class 5 felony DUI charges, and the state filed an allegation of a prior DUI conviction....
State v. Ricke - 4/25/1989
The sole issue raised in this appeal is whether a numerical estimate of blood alcohol content resulting from a horizontal gaze nystagmus test may be admitted at trial to corroborate a challenged breath test result in a prosecution...
Desmond v. Superior Court of Maricopa County - 4/6/1989
I. JURISDICTION
Donald Lee Desmond and Robert Ward David petitioned this court for writs of special action. We accepted jurisdiction and consolidated the two matters. We also allowed the filing of amici curiae briefs. We have...
State v. Juarez - 4/6/1989
I. JURISDICTION
Timothy Juarez, Jr., petitions this court to review the court of appeals' decision affirming his convictions by a jury of driving under the influence of intoxicating liquor (DUI) (A.R.S. § 28-692(A )) and driving...
State v. Armstrong - 4/4/1989
The state appeals from the trial court's order dismissing two felony drunk driving charges against Robert Lee Armstrong pursuant to Hinson v. Coulter, 150 Ariz. 306, 723 P.2d 655 (1986). The trial court declined to exclude from...
State v. Murray - 3/21/1989
Appellant was convicted by a jury of one count of unlawful possession of a narcotic drug, cocaine, and one count of possession of drug paraphernalia. The court placed him on probation for four years. On appeal, appellant contends the...
State v. City Court of City of Tucson - 2/28/1989
The sole issue raised in these consolidated cases is whether appellants' lack of counsel in their prior convictions for driving under the influence of intoxicating liquor (DUI) may be collaterally attacked when the convictions are used...
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