Scottsdale DUI: Changes in the Scottsdale Courts
What is going on in Scottsdale? In the last 30 days two judges have been let go by the City Counsel. What is coming next?
No Consent, No Warrant, No Blood
Some things in life seem obvious. It is hotter in the summer. It is colder in the winter. The government must get a warrant to stick a needle in your arm before they forcibly take your blood. However, this last presumption has not been so obvious in Arizona.
For years in Arizona, attorneys have been arguing that law enforcement must get a warrant before taking your blood during a DUI investigation. Unless, of course, the person “expressly consents” to the blood draw. However, many Arizona courts have held that, under Arizona law, we should "imply" your consent to the blood test. Thus, there is no need to ask for your consent, nor to get a warrant before taking blood.
In most DUI cases, officers ask the person suspected of DUI if they will consent to the blood draw. The officer will explain that if you refuse to give consent, a one (1) year license revocation will be triggered. Moreover, the officer will likely inform you that they will also get a telephonic warrant, in a matter of minutes, and forcibly take your blood. Consequently, the majority of people do give consent to the blood draw. This scenario is perfectly legal.
However, every year I see a number cases where law enforcement just takes the person’s blood without asking for consent. They merely say "give me your arm" and take the blood. Most experienced DUI officers will not engage in such conduct. Yet this situation keeps occurring. And until now, many courts have upheld the officer's actions.
On September 1, 2009, the Arizona Court of Appeals stated the obvious. They held that law enforcement must obtain a search warrant to take a DUI suspects blood - unless the person “expressly agrees” to have their blood drawn. The Court reasoned:
Arizona’s Implied Consent Law, A.R.S. § 28-1321, requires the State to obtain a warrant before drawing a blood sample from a DUI suspect unless the suspect “expressly agree[s]” to submit to the blood test. A.R.S. § 28-1321(B), (D) (Supp. 2005).
We hold that the “express agreement” required by the statute must be affirmatively and unequivocally manifested by words or conduct, and may not be inferred from a suspect’s mere failure to communicate clear objection to the test.
In sum, there is nothing “obvious” about Arizona DUI laws.
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DUI Task Force This Weekend In Tempe, Arizona
Lisa Halverstadt of The Arizona Republic is reporting that the Tempe Police will have a DUI task force this weekend. Her article states:
Tempe police will have its DUI task force at Dorsey Lane and University Drive this weekend. This is the last weekend before the fall semester begins Monday at Arizona State University.
The task force command post, which will operate from 8 p.m. to 3 a.m. on Friday and Saturday nights, will be located at the Tempe Fire Department/APS Joint Fire Training Center. The Tempe Police Department is collaborating with the Governor's Office of Highway Safety to host the anti-DUI effort.
Please be careful when driving this weekend.
Arizona DUI Bill May Have New Life
Luige del Puerto of the Arizona Capital Times is reporting that a proposed DUI Bill recently vetoed by Governor Janet Napolitano may have new life. The Arizona Capital times article states:
Continue Reading...Lawmakers said they have found a way to revive a vetoed drinking-and-driving bill, minus the provision that prompted its rejection by the governor. The provisions of H2395 will be offered as a floor amendment to a House measure that deals with liquor licensing, lawmakers said. H2395 was vetoed by Gov. Janet Napolitano April 29.
This time, however, it doesn't include a provision that called for a six-month reduction of the interlock penalty for first-time offenders who met certain conditions. Napolitano has said the penalty reduction was the reason for her veto.
Judge Suppresses Use of DUI Breath-Test Evidence
Kim Smith of the Arizona Daily Star has reported that a Tucson City Court judge has ruled prosecutors cannot use the results of breath tests administered to 49 people scheduled to be tried before him on DUI charges. Her article states:
If other judges agree with Judge Thomas Berning, prosecutors could find it hard to prosecute thousands of other DUI cases locally and statewide. "I'm optimistic the other judges will agree with Judge Berning. It's a well-written decision," said defense attorney Joe St. Louis. "This could be really big."
Last year, law-enforcement officers across Arizona began administering breath tests to suspected drunken drivers using a new machine called the Intoxilyzer 8000, St. Louis said. Almost immediately, defense experts realized the machines were sometimes providing "weird" or inexplicable results, St. Louis said.
In order to figure out what was going on, the experts said they needed to see the machines' "source card" or software. The software would also enable the experts to determine whether the results were accurate and reliable, St. Louis said.
Continue Reading...
If You Thought The New Arizona DUI Laws Were Tough, Wait Until You Hear What Other Drivers Are Doing To DUI Suspects In Scottsdale, Arizona
There has been a lot of publicity regarding the new Arizona DUI laws. These new laws have created some of the toughest penalties in the nation. However, it appears that drinking and driving in Arizona could result in something worse than jail.
Mark Flatten of the East Valley Tribune is reporting that a man shot a hit-and-run suspect in Scottsdale, Arizona.
Continue Reading...An attempt to block a fleeing hit-and-run suspect ended with a gunshot in Scottsdale Saturday.
Martin Ezekiel, 23, of Phoenix was arrested on charges of aggravated assault after he fired a shot into a truck that had been involved in an accident a short time earlier, wounding the passenger, according to Scottsdale police.
New DUI Laws Start on September 19, 2007
What are the new DUI laws that go into effect today? Most people do not really know what our legislature has done to the DUI law. Effective today, Arizona probably has the toughest DUI laws in United States. There are significant penalties for first time offenders. An article written by the Arizona Republic's Linsey Collon provides a summary of the new changes.
This week Arizona will enact one of the toughest DUI laws in the nation. Hardest hit are first-time violators and a new class of "super extreme" DUI offenders whose blood-alcohol concentration registers 0.20 percent or above, which is more than double the legal limit of 0.08 percent.
Beginning Wednesday, new penalties include mandatory ignition-interlock devices for first-time offenders, increased fines and a minimum of 45 days in jail for super extreme DUI convictions.
The law was modeled after legislation passed in New Mexico in 2005 requiring interlock devices for all people convicted of driving under the influence. Officials there linked a 4 percent decrease in alcohol-related fatalities to interlock use in the year following the law's passage.
Although lawmakers hope for a similar result in Arizona, DUI attorneys say the higher stakes will lead to increased court caseloads and an extreme inconvenience in the lives of "super extreme" and first-time offenders.
The Arizona Motor Vehicle Division expects about 17,000 first-time drunken drivers in the coming year. They all will have to pass a breath test before getting behind the wheel.
Rep. David Schapira, D-Tempe, realizes the bill he sponsored may not win him votes in popularity, but he hopes the law will make Arizona's roads safer.
One Arizona State University student said during a recent chat with legislators " 'Gosh, that DUI bill is just ridiculous. Whose idea was this?' " Schapira said.
The negative response is understandable, he said, given that the penalties are meant to be strong deterrents.
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