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. Havatone - 2/28/1989
In this criminal appeal, the primary question presented for our consideration is whether a person who has been arrested for driving while under the influence of alcohol has a constitutional right to have the police make an audio or...
State v. Gerhardt - 2/28/1989
In this criminal appeal, we consider the question of whether a person charged with driving while under the influence of alcohol has been deprived of due process by the state's failure to preserve a videotape of the person which was...
State v. Gerber - 12/15/1988
I. JURISDICTION
We granted the state's petition for special action to determine whether the time a DUI case is on appeal is excludable from the speedy trial limits of Rule 8, Ariz.R.Crim.P., 17 A.R.S. and Hinson v. Coulter, ...
NO Insurance Section v. Industrial Commission - 12/8/1988
Rudolph J. Gerber, Judge
This is a special action review of an Industrial Commission award for a compensable claim. The critical issues are (1) whether a diversion from compensated activity, when considered as a totality,...
State v. Perkins - 12/1/1988
Appellant/defendant, Joseph Patrick Perkins, Jr., appeals from his conviction for driving while intoxicated (DWI) with two prior DWI misdemeanor convictions within the last 60 months, a class 5 felony, and from the imposition of...
State v. Natoli - 10/25/1988
[158 Ariz Page 525] We accepted jurisdiction of the state's petition for special action to consider whether a defendant may collaterally attack the validity of a criminal conviction from a non-record court solely on the basis of a...
State v. Superior Court - 10/13/1988
This special action is taken from the trial court's order suppressing the results of an
intoxilyzer test. The petitioner's remedy by appeal is inadequate due to a possible violation of the 150-day time limit of Hinson v....
State v. Juarez - 10/4/1988
Appellant was charged by indictment with a total of six counts, three counts involving driving under the influence of intoxicating liquor and three counts involving driving while there was .10 percent or more by weight of alcohol in...
In re Juvenile Action No. J -9403 - 9/29/1988
This is an appeal from a decision of the juvenile court finding that the juvenile was delinquent for having violated A.R.S. § 4-244(9 ) (Supp.1987), which prohibits a minor from consuming alcohol. The court, among other things,...
Shepherd v. Fahringer - 9/27/1988
I. JURISDICTION
This is a special action brought by the defendant, John Bryant Shepherd, who was charged with driving under the influence of intoxicating liquor (DUI), A.R.S. § 28-692(A ) (Supp.1987), while his license was...
Collins v. Superior Court - 9/15/1988
I. JURISDICTION
Petitioner, Richard Kenneth Collins, seeks review of an order of the court of appeals denying Petitioner's petition for special action. We have jurisdiction pursuant to Ariz. Const. art. 6, § 5(3 ),...
State v. Soto - 9/13/1988
The principal issue in this case concerns whether the state failed to bring the defendant to trial in a timely fashion. We hold that delay attributable to the defendant when the case is pending in the city court is also...
State v. Brita - 9/1/1988
JURISDICTION
In this case the defendant moved to suppress the results of a blood alcohol test performed on a blood sample taken from him. After an extensive evidentiary hearing, the trial court suppressed the test results...
City of Tucson v. Fahringer - 7/21/1988
The sole issue in this special action is the constitutionality of an affirmative defense to claims against public entities created by the legislature in A.R.S. § 12-820.03(2 ), which precludes liability for certain injuries...
Liberatore v. Thompson - 6/28/1988
Plaintiff Liberatore won a jury verdict of $90,000 in compensatory damages and $500,000 in punitive damages for injuries suffered in an automobile accident. Plaintiff appeals from the trial court's order granting defendants...
State v. Gin - 6/16/1988
The state brings this special action to challenge the trial court's order dismissing an indictment which charged the real party in interest, Alfredo Danny Lucero, with DUI on a suspended license, a class 5 felony in violation of...
State v. Tucker - 6/2/1988
Appellant Eugene Walter Tucker was convicted of one count of first degree murder in violation of A.R.S. § 13-1105 and sentenced to life imprisonment without the possibility of parole for 25 years. We have jurisdiction pursuant...
State v. Greenlee County Justice Court - 5/26/1988
The state appeals from the superior court's order denying its petition for special action challenging the justice court's denial of its request for a peremptory change of judge pursuant to Rule 10.2, Ariz.R.Crim.P., 17 A.R.S. The...
State v. Superior Court - 5/3/1988
JURISDICTION
By special action filed with the court of appeals, the state challenged the trial court's order dismissing an allegation of a prior conviction. We granted the court of appeals' petition to transfer the special...
State v. Grabbe - 4/21/1988
Appellee was indicted on felony DWI charges on December 11, 1986. On June 30, 1987, the trial judge granted a motion to dismiss with prejudice for violation of the time limits as required in Hinson v. Coulter, 150 Ariz. 306, 723...
State v. Rufenacht - 4/21/1988
In 1982 Thomas Eugene Rufenacht was convicted by a jury in absentia of driving under the influence on a suspended license, a class 6 felony. He was eventually apprehended and sentenced on August 3, 1987, when the trial court placed...
State v. City Court of City of Tucson - 4/19/1988
Opinion
In these unrelated cases, the state appeals the decisions of two Tucson city magistrates granting jury trials for two defendants charged with misdemeanor possession of marijuana. For the reasons set forth below, we...
State v. Snow - 4/12/1988
The state appeals from the trial court's order dismissing two felony drunk driving charges against Kyle Douglas Snow pursuant to Hinson v. Coulter, 150 Ariz. 306, 723 P.2d 655 (1986), arguing that because the delay resulted from...
State v. Brooks - 3/29/1988
Pursuant to a written plea agreement, appellant pled guilty to attempted trafficking in stolen property, a class 4 felony, in exchange for the state's dismissal of other trafficking charges. The plea agreement provided that...
State v. Rodriguez - 3/22/1988
[158 Ariz Page 69] The state has brought this special action from the trial court's refusal to grant a
motion to vacate hearing and to quash subpoena, a motion which arose from the real party in interest's challenge to a...
State v. Sheaves - 12/24/1987
This appeal presents the question of whether a defendant convicted of two felonies for conduct arising from a single act of driving, in violation of both subsections (A) and (B) of A.R.S. § 28-692, while his license was suspended,...
Geer v. Ordway - 12/17/1987
Appellant appeals from the denial of a petition for review of the one-year suspension of his driver's license because of his refusal to take a breath test pursuant to the implied consent law, A.R.S. § 28-691.
Appellant was...
State v. Superior Court of Pima County - 12/15/1987
Zettie Jane Hays, real party in interest, petitioned this court to review the decision of the Court of Appeals, 155 Ariz. 403, 747 P.2d 564, holding that she was not entitled to an evidentiary hearing by the trial court on the...
State v. White - 12/10/1987
Appellant Ronnie Dale White (defendant) was charged by information with driving while under the influence, in violation of A.R.S. §§ 28-692(A ) and 28-692(B ), while his driver's license was suspended, both class 5 felonies. The...
Gehres v. City of Phoenix - 11/30/1987
Defendants City of Phoenix and Vinnie's, Inc. (Vinnie's) appeal from a jury verdict awarding a total of $577,600 in favor of Paul Gehres and Helen Melius. The action
arose from the death of Violet Gehres in a Phoenix...
Gloria v. Pima County Superior Court and Honorable William Scholl - 11/17/1987
Appellant Daniel Gloria, an attorney, was arrested for allegedly violating A.R.S. § 28-692(A ), driving a motor vehicle while under the influence of intoxicating liquor. The only issue on appeal is whether the police officers...
Anderson v. State - 11/10/1987
Appellee Ronald D. Anderson was charged in Tucson City Court in two counts with driving while being intoxicated under A.R.S. § 28-692(A ) and driving with a blood-alcohol level greater than 0.10% (the test result was 0.12%) in...
State v. Superior Court - 10/1/1987
I.
Defendant, Michael J. Ahrens, was convicted in the municipal court of the city of Tucson of driving while under the influence of intoxicating liquor. The superior court of Pima County, Hon. Bernardo P. Velasco, granted...
Hiveley v. Superior Court - 9/24/1987
I.
This is a special action from an order of the Superior Court of Maricopa County affirming defendant's conviction in the Phoenix Municipal Court for driving under the influence of intoxicating liquor, A.R.S. § 28-692(A ), and...
Kunzler v. Pima County Superior Court and Hon. Robert B. Buchanan - 9/24/1987
This is a petition for review filed by Ronald Kunzler asking that we set aside a memorandum decision of the Arizona Court of Appeals, Division Two, which affirmed petitioner's conviction of driving while under the influence of...
State v. Driggs - 9/24/1987
I.
This is a petition for review of a decision and opinion of the court of appeals, division one, 155 Ariz. 74, 745 P.2d 132, which set aside the trial court's dismissal of felony drunk driving charges against the...
Grabbe v. Superior Court - 8/4/1987
This special action review requires the court to resolve the issue of whether a defendant may collaterally attack the validity of two misdemeanor pleas of guilty taken in a non-record court, on the basis that no record exists to...
State v. Woodall - 7/16/1987
Following a jury trial, defendant was convicted of second degree murder, aggravated assault, leaving the scene of a fatal accident, driving a motor vehicle while under the influence of intoxicating liquor with a prior conviction for...
State v. Jerdee - 6/18/1987
On November 12, 1985 appellant was charged with driving or being in actual physical control of a 1964 Chevrolet pickup truck while under the influence of intoxicating liquor, while his operator's or chauffeur's license was suspended,...
Kuhn v. Smith - 6/16/1987
On May 9, 1984, appellee was arrested and cited for violations of A.R.S. §§ 28-692(A ) (driving under the influence of intoxicating liquor), 28-692(B) (driving with a blood alcohol content of .10% or higher) and Phoenix City...
State v. Halpin - 6/2/1987
When lay witnesses to appellant's driving, resulting in a DUI charge, did not respond to defense counsel's letter asking that they call him, appellant moved to preclude their testimony. The city court judge ordered the state to...
State v. Bruggeman - 5/19/1987
Appellant Patrick Bruggeman (defendant) was charged by indictment in 1983 with one count of driving while under the influence and one count of driving with a blood alcohol level of .10 or more. The state alleged as to both counts that...
In re Biggins - 5/14/1987
Arizona's Commission on Judicial Qualifications (Commission) recommended that Leland J. Biggins be removed from his position as Justice of the Peace for Seligman and Ashfork, Yavapai County, for violating Canons 1, 2, 3(A)(4) and...
State v. Ramos - 4/21/1987
The appellee (Ramos) was arrested on July 7, 1985, for driving under the influence of intoxicating liquor (DWI). Ramos refused a breath test after the state invoked the implied consent law. The police did not tell him that he had a...
State v. Rodriguez - 4/9/1987
Kevin Edward Karl (defendant) pleaded guilty to second degree murder. A.R.S. §§ 13-710, -1104 (Supp.1985). A dispute arose over whether Karl could become eligible for parole while serving the agreed-upon sentence. Because of the...
State v. Superior Court of - 3/31/1987
The issues presented by this special action concern the question whether evidence of a defendant's refusal to take field sobriety tests in a trial on a charge of driving under the influence would violate the defendant's Fifth Amendment...
State v. Corcoran - 3/24/1987
[153 Ariz Page 158] We accepted jurisdiction of the State's petition for special action to resolve an evidentiary issue which has arisen in a number of cases involving prosecution for driving under the influence of intoxicating...
State v. Holland - 3/19/1987
Appellant (defendant) challenges the appointment of the city court judge pro tempore who presided over his trial. Our review is necessarily limited to a single issue: the validity of chapter 8, § 5 of the Phoenix City Charter, which...
State v. Mercurio - 3/10/1987
This consolidated appeal challenges the validity of chapter 8, § 5 of the Phoenix City Charter, which provides for the appointment of municipal court judges protempore. Each of the appellants was tried in Phoenix City Court before a...
State v. Rivera - 3/4/1987
Defendant, Aurelio Calderon Rivera, was convicted of one count of first degree murder under A.R.S. § 13-1105 and sentenced to life imprisonment without possibility of parole for 25 years. We have jurisdiction over this appeal...
State v. Franco - 2/26/1987
The state appeals the superior court's order granting appellee Velia Franco's Petition for Entry of Clearance on Record. We reverse.
Franco was arrested on August 20, 1977, after a police officer stopped her in her vehicle. She...
State Farm Mutual Automobile Insurance Co. v. Dressler - 2/17/1987
The issue in this case is whether a State Farm Automobile Insurance policy which specifically excludes coverage for a named individual, relieves State Farm from responsibility for an accident involving the excluded individual but...
State v. Buckley - 2/5/1987
The issues raised in this appeal are whether (1) the state's failure to file a formal information charging appellant with a crime voids his subsequent conviction and sentence which were based on his guilty plea, and (2) appellant may...
State v. Brita - 2/5/1987
Defendant, Robert John Brita, was charged with two counts of manslaughter and two counts of aggravated assault arising out of an automobile collision. Prior to his arrest, defendant was taken to a hospital, where a blood sample was...
Sedillo v. City of Flagstaff - 2/3/1987
The City of Flagstaff (City) was found liable in a wrongful death action brought by the Sedillos. Plaintiffs timely filed a motion for additur, or in the alternative, a motion for new trial on the issue of damages. The trial court...
State v. Johnston - 1/8/1987
Appellee was charged by information with driving a motor vehicle while under the influence of intoxicating liquor while his operator's or chauffeur's license was suspended, cancelled, rejected, or refused, a class 5 felony, in...
State v. Delk - 12/18/1986
Appellant raises one issue for our consideration. Is the "anti-plea bargain" provision in A.R.S. § 28-692(C ) unconstitutional as violative of Article 6, § 5 of the Arizona Constitution? The procedural history of the case is as...
Kuznicki v. Arizona Department of Transportation - 12/18/1986
Appellee, Kenneth Kuznicki, was arrested for driving while intoxicated. He was given the opportunity to take a breath test five times. On each occasion, he blew out the side of his mouth despite instructions not to do so. On one...
State v. Driggs - 12/2/1986
The issue on this appeal is whether a conviction for driving under the influence of intoxicating liquors (DWI) may be utilized to enhance the punishment for a DWI charge occurring prior in time to the DWI conviction.
The state...
State v. Municipal Court - 10/14/1986
A Phoenix Police Officer stopped Robert Gosnell for speeding and then arrested him for driving under the influence of alcohol in violation of A.R.S. § 28-692(A ) and for driving with a blood alcohol content of .10 percent or...
State v. Superior Court - 9/18/1986
The state challenges the superior court's denial of appellate relief from the Tucson city court order granting the motion to vacate judgment filed by the real party in interest, Hubert G. DeWolf. Because the issues presented are of...
Del E. Webb Corp. v. Superior Court of Arizona for Maricopa County - 9/17/1986
Petitioner, defendant in the action below, brings this special action asking us to reverse a superior court ruling that the affirmative defenses of contributory negligence and assumption of the risk are unavailable to defendants...
Logan v. Brown - 9/11/1986
The first question is whether the trial court properly refused to instruct the jury on the presumption of driving under the influence of intoxicating liquor, pursuant to A.R.S. § 28-692(E )(3), because plaintiffs failed to introduce...
Hinson v. Coulter - 6/30/1986
The defendant (petitioner), David T. Hinson, is charged with four counts of driving while intoxicated (DWI) and three counts of driving with a blood alcohol content in excess of .10 percent. A.R.S. § 28-692. The charges were all...
State v. City Court of City of Tucson - 6/30/1986
This matter, transferred from the court of appeals pursuant to Rule 19, Ariz.R.Civil App.P., 17A A.R.S., was brought by the Tucson City Court and its Chief Magistrate, The Honorable Ann Bowen, challenging an adverse ruling by the...
State v. Jennings - 6/24/1986
This is a review of an opinion of the court of appeals which affirmed defendant's conviction for driving under the influence of intoxicating liquor with a suspended or revoked license. State v. Jennings, 150 Ariz. 166, 722 P.2d...
State v. Superior Court of Pima County - 6/2/1986
Real party in interest, Zettie Jane Hays (Hays), was indicted for driving while intoxicated pursuant to A.R.S. § 28-692(A ). She seeks to have evidence of her refusal to take the intoxilyzer test suppressed pursuant to a ruling by...
State v. Travis - 5/22/1986
This is an appeal from the conviction and sentence imposed upon appellant following his plea of guilty to one count of Felony D.W.I., a class 5 nondangerous, nonrepetitive felony, in violation of A.R.S. §§ 28-692(A ), 692.01(F),...
State v. Superior Court of Pima County - 5/14/1986
This is an appeal from an order entered by the superior court in a special action. At issue is the application of the doctrine of collateral estoppel in a trial for violating A.R.S. § 28-692(B ), driving with a blood alcohol content...
Ornelas v. Fry - 5/6/1986
This appeal requires a determination of whether the mere allegation of a doctor's alcoholism, standing alone, creates a separate issue or claim of negligence in a malpractice action. This issue arises out of two consolidated medical...
State v. Superior Court of Pima County - 5/1/1986
On September 16, 1984, appellee was arrested and charged with violating A.R.S. § 28-692(A ), by driving under the influence of intoxicating alcohol or drugs. After appellee's arrest, the police requested that he take an intoxilyzer...
Sanford v. Phoenix Municipal Court - 4/28/1986
This is a petition for special action brought by the defendant, Lee A. Sanford, from an order of the superior court, the Honorable Rudolph Gerber, remanding the matter to the Phoenix City Court for trial on the charge of driving while...
Montano v. Superior Court - 4/18/1986
We accepted review of this petition after the Court of Appeals declined to accept jurisdiction of a Petition for Special Action arising from the trial court's determination of two issues: whether A.R.S. § 28-691 (the Implied...
State v. Udall - 4/7/1986
On May 6, 1985, defendant Ronald Seymour Flood was charged by information with driving while under the influence of intoxicating liquor with two prior convictions for the same offense within 60 months. The offense charged is a class...
State v. Superior Court - 4/7/1986
Frederick Andrew Blake, real party in interest, sought review of an opinion of the court of appeals that vacated the trial court's dismissal of his prosecution. State v. Superior Court, 149 Ariz. 287, 718 P.2d 189 (App.1985)....
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