Tucson DUI & Criminal Defense Blog

In recent years, the U.S. Supreme Court has issued a series of opinions that explain what the police must do to satisfy the Fourth Amendment when conducting a blood draw or a breath test for a DUI investigation. In 2013, the Court decided that, in most circumstances, the police need a warrant to conduct a blood test without a person’s consent. But in 2016, the Court held that a warrant is not required to conduct a breath test incident to a motorist’s arrest. In 2019, the Court decided Mitchell v. Wisconsin, which held that a warrant is not required for a blood test, too, provided that the motorist is unconscious and, therefore, cannot consent to a draw or give a breath test.

Under federal law, anyone who uses a gun while committing a “crime of violence” faces an especially stiff prison term. But what is a “crime of violence?” According the U.S. Supreme Court, the answer is “we can’t tell and it’s not our job to say,” so the law is unconstitutional.

This blog will discuss the implications of Carpenter v. U.S., a case the Supreme Court heard last year, holding that police generally need a search warrant to request this historical Cellular Location Site Information (CLSI) from cell service providers.

While the Sixth Amendment gives us the right to a trial by jury when accused of a criminal offense, this right is not absolute. The U.S. Supreme Court held that a defendant generally does not have a right to jury trial for petty offenses where the maximum penalty does not exceed six months incarceration. Even if the penalty is five years probation and a five thousand dollar fine, this is still considered a petty offense for the purposes of determining whether a defendant has a right to a jury trial. Additionally, if a defendant is charged with multiple petty offenses and faces an aggregate sentence of more than six months, there is still no constitutional right to jury trial.

It is a common misconception that a person accused of a crime automatically has a right to a court-appointed attorney at no cost. Generally, only defendants facing jail time who have earnings below the poverty line are entitled to a public defender.

courts have upheld a university’s right to discipline students when their social media posts violate university policies. Courts also tend to routinely side with high school administrators enforcing social media policies meant to promote tolerance and combat cyber-bullying.

Restoring the voting rights of people convicted of felonies is big news. Last year, Florida passed a ballot initiative that will permit up to 1.4 million people to vote again. Last month, the Arizona Legislature passed new rules that address felon voting rights. With the 2020 elections right around the corner, many Arizona residents want to know – will I be able to cast a vote in this all important election? We break down the basic rules for you here.

When the police stop a car due to a traffic violation, they can demand to see the identification of the driver and all passengers, right? Not necessarily. While drivers must produce identification, this is not necessarily so for passengers, as the Ninth Circuit recently held.

This is another common “violation” that police use as justification for a DUI late night traffic stop. And we have had some success with this statute as well.

Here in Tucson, police engage in aggressive DUI enforcement. Lot’s of people get cited or arrested for a variety of DUI offenses. All come with mandatory jail time, and can result in a criminal record that could affect careers.