You Rights During a Tucson DUI Investigation: Devlin v. Browning
In Devlin v. Browning in and for County of Pima, a Tucson DUI officer claimed he saw Devlin speeding at about 2:00 AM eastbound on Broadway, and stopped him for that reason. 249 Ariz. 143, 145 (App. Div. II 2020) The officer claims he smelled alcohol when he approached Devlin seated in his car, and that Devlin had “bloodshot watery eyes.” Devlin admitted that he’d been drinking. So, instead of simply giving Devlin a speeding ticket, the Officer began a DUI investigation, and eventually arrested Devlin for DUI.
Your DUI Case is Two Years Old: Three Things You Do.
During the COVID pandemic courts here in Arizona, in Pima County and in Tucson were temporarily closed, limited or cancelled. Almost all matters, especially for those out of custody, were continued interminably. For some time there were no jury trials, at all, no evidentiary hearings, sometimes not even any pretrial conferences. Cases languished. If you have one of those cases—one that has been pending for over a year. here’s some positive thoughts about what you can productively do.
HOW TO AVOID A DUI THIS HOLIDAY: PARKED CARS
Pull all the way off the roadway into a parking log, and park correctly in the lot if possible
If it is not too hot or too cold, turn off the engine and take the keys out of the ignition
If possible, sleep in the back seat, or the passenger seat.
If you are sleeping in the driver’s seat lean the driver’s seat all the way back
Text or email or call somebody to tell them that you have pulled off the roadway to sleep
Can Police Chase You Into Your Home Without a Warrant?
The Supreme Court in a 9-0 opinion held first that “when a minor offense alone is involved, police officers do not usually face the kind of emergency that can justify a warrantless entry into the home.
How to Completely Avoid DUI Jail Time
First, let’s figure out what kind of DUI it is. They’re usually misdemeanors unless there’s been an accident, had children under 15 in the car, or you’ve had problems in the past. Most of the time when they give you a citation and let you go home it’s a misdemeanor.
Can I Get a DUI While My Vehicle is Parked
Today we’re going to talk about parked cars. Police sometimes approach you when you’ve legally parked a vehicle and are using it as a stationary shelter—i.e., you’ve had too much to drink perhaps, and you decide to pull off the road. Or not get on it in the first place. You’re doing the right thing—what the law says you should do. But then the police come upon you, claiming that it was a “check welfare” and arrest you for DUI even though you weren’t actually driving.
License Plate Covers, Window Tinting, and Mud Flaps – DUI Stop
Today, we’re going to talk about four other types of questionable “equipment violations” that the police in Arizona tend to rely on for thin DUI stops: License Plate covers, window tinting, rear-view mirror hanging placards, and “mud flaps”
Headlights, Taillights and Brake Lights – DUI Stop
Headlights, taillights, brake lights, and license plate lights– claimed vehicle equipment lighting violations police tend to use as an excuse or pretext to stop a vehicle late at night and conduct a DUI investigation.
DUI Stop for Weaving and Swerving
Sometimes the police commit the same traffic infractions themselves. The police transparently use these purported “infractions” as bold excuses (or “pretexts”), to investigate the drivers for DUI. And they have generally been very successful at it.
Alcohol Detection and DUI Prevention Tech – New Legal Questions
There are exhaustive amounts of DUI case law that address the level of reasonable suspicion needed for a DUI stop, when and how breathalyzers and blood tests can be used as scientific evidence of impairment, and how field sobriety tests must be conducted to be used as evidence of probable cause for arrest. But, new technologies for alcohol detection that are currently available or will soon be available are likely to result in new case law that addresses the accuracy and use of these technologies to make legal determinations of impairment or impose other collateral consequences on impaired drivers.