Reputation.Resources.Results

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.

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.

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, 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.

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.

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.

If you are convicted of DUI in Arizona, this information will be shared with various governmental entities and private parties can also access the information through certain channels. Even before you are convicted, there could be certain parties that receive notice of your arrest. This means that, in addition to jail time and restrictions on your ability to drive, even the accusation of a DUI can have long-lasting impacts on your ability to work in your profession, your professional reputation, your immigration status, and even your ability to travel to certain other countries.

Consenting to Blood Draws: When the police tell you the consequences of refusal, they don’t automatically make your consent “involuntary,” says the Arizona Supreme Court. In virtually every DUI case, the police request that the driver voluntarily submit to a post-arrest breath or blood test. These requests occur in coercive circumstances, e.g., the driver may be handcuffed and in the back of a police vehicle. But Arizona law also incentivizes blood draws by penalizing drivers who refuse testing with a one-year license suspension and requiring the police to explain these consequences in real time before requesting consent.

The New York Times recently published an article challenging the reliability of breath tests used in DUI prosecutions nationwide. While the reporter appeared to conclude that breath tests could be reliable, the article also found that they often could not be counted upon in practice. Problems occurred in Massachusetts, Pennsylvania, Washington and numerous other states, and affected breath test equipment manufactured by almost every leading company. In some states, fundamental flaws in breath testing have led to the dismissal of thousands of convictions.

There are several new “kratom” cafes and shops in Tucson. Before you try out one of these new places, you should know that if you are under the influence of kratom and your driving is impaired, it is possible to get a DUI or reckless driving charge in Arizona.