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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Bade v. Arizona Department of Transportation - 3/18/1986
The primary issue in this appeal is whether the superior court properly enjoined the Arizona Department of Transportation (Department) from revoking the driver's license of appellee, Jack Bade (Bade).
Bade was previously...
State v. Leonard - 3/13/1986
[151 Ariz Page 2] Kent Alan Leonard appeals from his conviction and sentence for the crime of driving while under the influence of intoxicating liquor (DWI) with two prior similar convictions within a period of sixty months. He...
State v. O''Haire - 2/27/1986
A jury found appellant guilty of operating a motor vehicle while there was 0.10 percent or more alcohol in his blood. He raises three issues in this appeal:
1. The trial court improperly permitted the state to amend the grand...
Mongan v. Pima County Superior Court - 2/14/1986
This is a review of a decision and opinion of the court of appeals which, on reconsideration, affirmed the denial of each appellant's motion to dismiss. Mongan et al. v. Pima County Superior Court, 148 Ariz. 511, 715 P.2d 764 ...
State v. Evans - 1/30/1986
Appellant was convicted of driving under the influence of intoxicating liquor with two prior DUI convictions, a class 5 felony. Appellant was sentenced to 180 days in prison and to three years' probation.
Appellant contends...
State v. Escalante - 1/23/1986
The central issue presented for our determination is whether A.R.S. § 13-3406(B )(2) effectively eliminates probation as a sentencing alternative if the defendant has been convicted of a prior felony offense even though the prior...
State v. Holland - 12/9/1985
[147 Ariz Page 454] This is a review of an opinion and decision of the court of appeals affirming the dismissal with prejudice of one count of driving while under the influence of intoxicating liquor or drugs while license is...
State v. Jones - 12/9/1985
[147 Ariz Page 353] On April 16, 1983, at approximately 8:00 p.m., petitioner was driving his vehicle
westbound on Guadalupe Road in Tempe, Maricopa County. He was driving 55 in a 45-mile-per-hour zone. In what may have...
Ehmke v. Hicks - 12/4/1985
The sole issue presented by this appeal is whether the trial court erred in granting defendants'/appellees' motion in limine to preclude evidence of appellees' post-collision behavior. Appellees have cross-appealed, claiming...
State v. Acuna - 11/27/1985
Appellant was convicted by a jury and sentenced by the court for the following crimes: count one, driving while under the influence of intoxicating liquor while his driver's license was suspended or revoked, a class 5 felony, 2.5...
State v. Askren - 11/14/1985
Opinion
The appellant was charged by information with one count of driving under the influence of intoxicating liquor while his license was suspended, cancelled or revoked, a class 5 felony in violation of A.R.S. §§ ...
State v. Cocio - 11/7/1985
After a jury trial, defendant, Secundino Barcelo Cocio, was convicted of one count of manslaughter and one count of driving while under the influence of intoxicating liquor. The jury found the manslaughter charge to be dangerous...
State v. Jennings - 8/26/1985
On April 30, 1985, the Arizona Supreme Court held in State v. Williams, 144 Ariz. 487, 698 P.2d 732 (1985), that it was error for the trial court to refuse to instruct the jury in a drunk-driving case that "the State must...
State v. Bernal - 8/21/1985
Defendant and four women, including the victim, spent the evening of October 16, 1983, drinking. Late that night, defendant drove the women to an after-hours bar in South Tucson. On the way there the victim passed out. When they...
State v. Superior Court - 7/25/1985
This special action concerns the use by law enforcement personnel of a field sobriety test called horizontal gaze nystagmus (HGN). Since considerable public funds are about to be spent by the Governor's Office of Highway Safety,...
State v. Williams - 4/30/1985
This is a petition for review of a memorandum opinion and decision of the Court of Appeals affirming the conviction of defendant, Glen Ivan Williams, for driving while under the influence of intoxicating liquor with a suspended...
State v. Salazar - 4/24/1985
The appellant was convicted of manslaughter, two counts of endangerment and driving while intoxicated, all arising from a two-car collision at the intersection of Interstate-10 and Speedway Boulevard in Tucson. The first three crimes...
Keckonen v. Robles - 4/24/1985
In Ontiveros v. Borak, 136 Ariz. 500, 667 P.2d 200 (1983) the Arizona Supreme Court held that tavern owners and other licensed sellers of intoxicating liquor may be held liable when they sell liquor to an intoxicated customer...
State v. Wiley - 4/23/1985
Defendant, Paul A. Wiley, was convicted and adjudged guilty of first degree murder, A.R.S. § 13-1105(A )(2); burglary in the second degree, A.R.S. § 13-1507 ; kidnapping, A.R.S. §§ 13-1304(A )(3) and (4); and robbery, A.R.S. § ...
Loughran v. Superior Court of County of Maricopa - 4/22/1985
This is a petition for special action to review a decision of the Superior Court of Maricopa County, the Honorable Bernard Dougherty, refusing to stay the revocation of petitioner's driver's license. We have jurisdiction pursuant...
Creamer v. Raffety - 12/27/1984
Plaintiff's lawsuit alleged his arrest to be in violation of his constitutional rights pursuant to 42 U.S.C. § 1983, and raised claims of false arrest, false imprisonment, and malicious prosecution. The court granted the...
Wilson v. Riley Whittle Inc. - 12/20/1984
This is a wrongful death action brought by Rita Wilson for the death of her husband, Lonnie Wilson, who died as a result of a two-truck collision in Phoenix. The case was tried to a jury, which rendered a verdict in favor of appellee...
Amos v. Bowen - 12/19/1984
Appellee was charged in Tucson City Court with driving while under the influence of intoxicating liquor or drugs (DUI) in violation of A.R.S. § 28-692 on October 29, 1982. A defense motion to dismiss, alleging that the police...
State v. Neal - 12/4/1984
Appellant, Gentry Garnett Neal, was tried by a jury and convicted of first degree murder. A.R.S. § 13-1105. Pursuant to A.R.S. § 13-703, Neal was sentenced to life imprisonment without the possibility of parole for twenty-five...
State v. Kozlowski - 11/27/1984
The sole issue presented in this appeal is whether A.R.S. § 28-692.02 applies to a
person whose out-of-state license has been suspended, cancelled or revoked by the issuing state.
On August 3, 1983, the appellee,...
State v. Superior Court - 11/21/1984
This is a special action brought by the State from a decision of the Superior Court of Pima County affirming the granting of defendants' motion to dismiss the complaints against them. We have jurisdiction pursuant to Art. 6, § 5 ...
State v. Seidel - 11/21/1984
The state brings this Petition for Special Action asking us to clarify the prerequisites for admission in evidence of the results of scientific testing of blood alcohol content. The state claims that trial courts throughout the...
Larriva v. Montiel - 10/30/1984
Petitioners seek relief from the trial court's denial of a motion for protective order under Rule 26(c), Arizona Rules of Civil Procedure, 16 A.R.S., which sought to limit the real parties in interest's discovery of petitioners'...
State v. Weible - 10/3/1984
Defendant Jon Henry Weible was convicted on October 18, 1983 of two counts of criminal trespass in the first degree, one count of aggravated assault and one count of armed robbery. The jury found that at the time these offenses...
State v. Jones - 7/19/1984
The sole issue in this case is whether the legislature may constitutionally grant to the prosecutor the authority to make or withhold a recommendation of alternative sentencing by the court under A.R.S. § 28-692.01(C ).
Appellee...
State v. Garcia - 6/18/1984
[141 Ariz Page 98] The defendant, Manuel Cota Garcia, was convicted and judged guilty of three counts of dangerous or deadly assault by a prisoner, and sentenced to concurrent terms of life without possibility of suspension or...
Sweitzer v. Department of Transportation - 6/14/1984
This appeal concerns the application of Arizona's Implied Consent Law. A.R.S.
§ 28-691. Appellant, William Sweitzer, was arrested on July 28, 1980 for driving while under the influence of intoxicating liquor and refused...
State v. Yellowmexican - 6/12/1984
The issues presented in this appeal by the state from the dismissal of two charges
of driving while intoxicated against the defendant are:
1. Whether the trial court erred by ruling that A.R.S. § 28-692.01 F., as...
State v. City Court of City of Tucson - 4/12/1984
This is a criminal prosecution pursuant to A.R.S. § 28-692, driving under the influence, filed in Tucson City Court.
Defense counsel submitted a motion for supplemental disclosure and an in camera inspection of the Tucson...
State v. City Court of City of Tucson - 4/10/1984
This appeal was taken from the judgment of the superior court denying the relief requested by the state in its special action complaint. We have jurisdiction pursuant to A.R.S. § 12-2101(B ).
Wanda Aldrich, the real party in...
Ring v. Taylor - 3/1/1984
This is an appeal by appellant Bobby Sid Taylor from jury verdicts returned in favor of appellees Anne Ring, Royce Ring and James Rivers.
For the reasons set forth below, we affirm the trial court's judgment.
We begin by...
State v. McLoughlin - 2/29/1984
In the fall of 1980, appellant Edward Gerard McLoughlin was convicted of first-degree murder and first-degree burglary. He was sentenced to death for the former and ten years imprisonment for the latter. Appeal to this Court...
Gibson v. Boyle - 12/20/1983
This is an appeal by the plaintiff, Mary Ellen Gibson, for and on behalf of Brent Woodruff and as personal representative of the estate of Dianna Woodruff, deceased. At the trial court below, two separate claims were litigated,...
Fuenning v. Superior Court - 12/15/1983
FELDMAN, Justice
Petitioner, the defendant below (defendant), brings this special action to contest his conviction under A.R.S. § 28-692(B ) for driving "while there is 0.10 per cent or more by weight of alcohol in the......
Price v. Maxwell - 11/30/1983
This appeal requires us to determine the scope of the exception to the statute of limitations in criminal actions which permits the commencement of a new prosecution beyond the period of limitations where the original complaint has...
O''Hara v. Superior Court - 11/10/1983
On June 24, 1981 petitioner Michelle Marie O'Hara was involved in a traffic accident that resulted in $770 damage to the other party's vehicle. O'Hara was uninsured at the time. Because she failed to comply with Arizona's...
State v. Zavala - 6/7/1983
The defendant was convicted of two counts of aggravated assault on a police officer, A.R.S. § 13-1204(A )(5), resisting arrest, A.R.S. § 13-2508(A ) and driving under the influence of intoxicating liquor, A.R.S. § 28-692(A )....
State v. Justice Court - 5/4/1983
[136 Ariz Page 1] On August 26, 1982, from 7 p.m. to 12 p.m., and on September 6, 1982, from 3 p.m. to 9 p.m., every car heading south on Highway 93 near Kingman, Arizona was stopped. The stops were conducted by agents and officers...
Anderjeski v. City Court of City of Mesa - 5/2/1983
[135 Ariz Page 549] We accepted jurisdiction of two petitions for special action pursuant to Ariz. Const.
art. 6 § 5(1 ) and Arizona Rules for Special Actions, 17A A.R.S.
We must answer two questions on appeal: ...
State v. Venegas - 4/19/1983
Shortly after midnight on August 23, 1981, officers David Cummings and Nora Wysocki observed a station wagon as it made a left turn onto Indian School Road in Phoenix, Arizona. As several cars were forced to slow down to avoid...
State v. Huffman - 4/13/1983
Appellant's drunk driving resulted in a jury finding him guilty of reckless manslaughter, involving the use of a dangerous instrument, an automobile. He was sentenced to imprisonment for the presumptive term of 7.5 years.
He...
Gaunt v. Motor Vehicle Division - 3/31/1983
Two issues are presented in this appeal from the suspension of appellant's driving license pursuant to Arizona's implied consent statute. A.R.S. § 28-691. First, will a motorist's mistaken belief that he has the right to see an...
State v. Shumway - 3/17/1983
Appellant/defendant Albert Lee Shumway was charged by indictment dated October 21, 1980, with negligent homicide, a class 4 felony. Appellant entered a plea of not guilty and the matter was set for trial before a jury. At trial, the...
Martin v. Superior Court - 3/3/1983
[135 Ariz Page 258] Respondent Frank Yue's driver's license was suspended by order of the Department of Transportation, Motor Vehicle Division (MVD), pursuant to Arizona's implied consent law, A.R.S. § 28-691. On review, the...
Cain v. City Court of City of Tucson - 2/15/1983
We granted the petition for review of Germaine Cain of a decision of the Court of Appeals which affirmed the denial of her request for a peremptory change of judge in the municipal court. We have jurisdiction pursuant to A.R.S. § ...
State v. Zaragoza - 1/10/1983
On September 28, 1981, a jury found appellant guilty of first degree murder in violation of A.R.S. § 13-1105(A )(2). An aggravation-mitigation hearing was set for October 26, 1981. Because appellant was on probation for a prior...
State v. Hersch - 12/22/1982
The appellant was accused of unlawful possession of marijuana, unlawful possession of cocaine and unlawful transportation of cocaine. He was found guilty of these three charges by a jury in Graham County where the events giving...
State v. Mitchell - 11/18/1982
[136 Ariz Page 386] The sole issue presented in these appeals is whether A.R.S. § 28-692.02 applies to
persons whose out-of-state licenses have been suspended, revoked, or refused by their home states.
On separate...
State v. Miller - 10/19/1982
The defendant appeals from his conviction of second degree murder, a class 2, dangerous felony, A.R.S. §§ 13-1104 and 604, and his sentence to the presumptive term of 10 1/2 years. He raises five issues for consideration: (1)...
Padilla v. Superior Court of Arizona - 9/14/1982
This cause was heard as a special action upon a petition alleging that the trial court's failure to order the petitioner's release from custody constituted an abuse of discretion.
The facts are not in dispute. On Friday, July...
State v. Hicks - 7/16/1982
Appellant, Ernest Floyd Hicks, was convicted after trial by a jury of first degree murder. Appellant was sentenced to life imprisonment. This court has jurisdiction of this appeal pursuant to A.R.S. § 13-4031. We affirm. ...
State v. Cannon - 6/23/1982
On 2 July 1981, Kenneth Cannon was convicted of first degree murder pursuant to A.R.S. § 13-1105 and subsequently sentenced to life imprisonment with no possibility of parole for 25 years pursuant to A.R.S. § 13-703. We have...
Starr v. Campos - 6/14/1982
This appeal is from a judgment in favor of the defendant-appellee in an action for wrongful death arising out of a collision between a truck and a small car. The appellants contend that the trial court erred in refusing to instruct...
Shope v. City Court of City of Tucson - 6/7/1982
On February 14, 1981, the defendant David Shope was involved in a traffic accident and was arrested for driving while under the influence in violation of A.R.S. § 28-692 and for two other charges. He was transported to the Tucson...
McNutt v. Superior Court - 6/1/1982
[133 Ariz Page 8] We have consolidated these three cases because they involve similar issues and the same parties. No. 15991 is an appeal from a superior court special action order granting Kenneth R. McNutt [hereinafter petitioner]...
State v. Superior Court of County of Maricopa - 6/1/1982
[132 Ariz Page 399] Real party in interest Michael R. Plesher was arrested on November 20, 1980. He
was charged with driving while intoxicated under A.R.S. § 28-692(A ) and with committing various other traffic offenses....
State v. City Court of City of Tucson - 12/29/1981
We granted this petition for review to correct what we believe to be a mistake of law concerning the discretion of the Tucson City Court in granting a motion to withdraw a plea of guilty. We have jurisdiction pursuant to A.R.S. § ...
State v. City Court of City of Tucson - 10/14/1981
The main issue in this appeal is whether Baca v. Smith, 124 Ariz. 353, 604 P.2d 617 (1979), applies when the breathalyzer is used to determine blood alcohol percentages. We hold that it does and affirm.
The real parties in...
State v. Peyatt - 9/18/1981
OPINION ON REHEARING
Although not raised by appellant in his motion for rehearing, we believe that we were incorrect in our analysis in the case of Baca v. Smith, 124 Ariz. 353, 604 P.2d 617 (1979). The following...
Torrez v. State Farm Mutual Automobile Insurance Co. - 8/25/1981
[130 Ariz Page 224] This appeal concerns the validity of an exclusion endorsement in an insurance policy issued by appellee to a third party. We
find that the exclusion endorsement is valid and therefore affirm the...
State v. Collins - 7/27/1981
Did the trial court abuse its discretion in granting defendant's motion for a new trial on the ground of jury misconduct? That is the sole question on appeal.
Collins was charged with driving while intoxicated, with a prior...
State v. Gessner - 3/26/1981
In 1976 Douglas Joe Gessner was charged by information with one count of first degree burglary in violation of A.R.S. §§ 13-301 and 13-302, and with one count of grand theft in violation of A.R.S. §§ 13-661, 13-662, 13-663 and...
In re Haddad - 3/26/1981
The Arizona Commission on Judicial Qualifications found that the respondent, Kelly Haddad, Justice of the Peace, Pinal County, Arizona, violated Canons One, Two and Three of the Code of Judicial Conduct, Rule 45, Rules of the...
State v. Tennis Brian Blevins - 1/27/1981
Based on events arising out of a collision between an automobile and a motorcycle in the early morning hours of May 27, 1978, Tennis Brian Blevins was charged with vehicular manslaughter in violation of A.R.S. §§ 13-455,...
Baca v. Smith - 11/27/1979
This special action was brought by Jesus V. Baca against respondent, The Honorable Ralph G. Smith, and others, asserting that the failure to suppress the results of a gas chromatograph intoximeter taken after an arrest for driving...
State v. Allen - 11/27/1979
Norman Robert Allen was charged by information with driving while under the influence of intoxicating liquor while his license was suspended, revoked or refused. A.R.S. § 28-692.02. Allen's license had previously been suspended...
State v. Mendivil - 11/24/1978
Appellant/defendant Johnny Lee Mendivil was charged with possession of marijuana in violation of A.R.S. § 36-1002.05 and with driving while intoxicated (license suspended) in violation of A.R.S. § 28-692.02.
On August 23,...
State v. Ward - 10/30/1978
This is an appeal from a jury verdict and judgment of guilt to the crime of armed robbery, A.R.S. § 13-641, -643(B). We take jurisdiction pursuant to Rule 47(e)(5), Rules of the Supreme Court, 17A A.R.S.
We need answer four...
State v. Municipal Court of City of Phoenix - 10/19/1978
In this appeal we must determine if a city magistrate court has subject matter jurisdiction to try a misdemeanor charge of simple assault when the facts disclose that the assault was committed on a police officer in uniform while...
State v. Dorame - 10/17/1978
Appellant was found guilty by a jury of vehicular manslaughter with gross negligence. He contends that the trial court erred in giving instructions to the jurors while they were being impaneled, in admitting a suicide note into...
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