Arizona DUI Defense Blog : by Lawrence Koplow, Scottsdale & Phoenix DUI Lawyer & Attorney | Koplow Law Firm

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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Lawrence Koplow defends all types of DUI and vehicular crimes cases, including:

DUI & DWI Defense Super Extreme DUI Aggravated DUI (felony)

Extreme DUI Boating DUI (known as OUI) Commercial Driver's DUI

Mr. Koplow also defends traffic crimes and driver's license issues such as driver's license suspensions, speeding tickets and photo radar tickets.  Mr. Koplow and his firm have extensive experience resolving issues with the Motor Vehicle Division (MVD) of the Arizona Department of Transportation.  This area of his practice includes the following types of cases:

Reckless Driving Drag Racing Driver's License Suspensions Ignition Interlock Devices Photo Radar Tickets

Aggressive Driving Driving on a Suspended License Driver's License Revocations MVD Hearings Traffic Tickets

As a former a vehicular crimes prosecutor Mr. Koplow has unique experience defending felony vehicular crimes charges.  Vehicular cases, such as drunk-driving accidents, are the most challenging types of criminal case and require extensive training and experience.  Mr. handles the following types of vehicular crimes cases:

Vehicular Homicide Vehicular Manslaughter Endangerment

Vehicular Murder Vehicular Assault Leaving the Scene of Injury Accidents

Mr. Koplow also represent defendants in appeals and / or post-conviction relief motions for all of the above charges.  Mr. Koplow may handle other types of cases for his clients, however, these cases are accepted on a case-by-case basis.

 

For Additional Information or Case Review:

Contact Lawrence Koplow online or call him at his office at (602) 494-3444.  Mr. Koplow and his firm will be available to help you solve your legal problems.

I practice in courts all over Arizona.  However, there are some courts that  have a larger volume of DUI cases.  Below is some additional information and some of the nuances regarding cases that are prosecuted in theses courts.

Phoenix DUI Charges

I usually refer to this court as the the Costco of Phoenix DUI cases.  The reason being is that this court works on volume. Most DUI cases committed in the Phoenix area are prosecuted in the Phoenix Municipal Court.  Some cases are sent to the one of the justice court courts (county courts) located within the Phoenix.  

 

 

The court is located at:

 

City of Phoenix
Municipal Court
300 West Washington Street
Phoenix, AZ 85003
602 262-6421

 

 

 

 

 

 

 

You can get directions to the court by clicking here. http://phoenix.gov/COURT/parkmap.pdf

 

The Court’s hours of operation are:

 

Open:            8:00 a.m. - 5:00 p.m. - Public

7:45 a.m. - 5:00 p.m. - Jurors

 

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Aggravated DUI is one of the most serious vehicular crimes in Arizona.  The crime is codified in subsection 28-1383 of the Arizona Revised Statutes.  It is one of the few crimes that can require a mandatory prison term for first time felony offenders.

ELEMENTS OF AN AGGRAVATED DUI

Under Arizona law, a person is guilty of Aggravated DUI, sometimes known as felony DUI, if the person does any of the following:

1. Commits a violation of section 28-1381 (DUI), section 28-1382 (extreme DUI) or this section while the person's driver license or privilege to drive is suspended, canceled, revoked or refused or while a restriction is placed on the person's driver license or privilege to drive as a result of violating section 28-1381 or 28-1382 or under section 28-1385.
2. Within a period of eighty-four months commits a third or subsequent violation of section 28-1381 (DUI), section 28-1382 (extreme DUI) or this section or is convicted of a violation of section 28-1381, section 28-1382 or this section and has previously been convicted of any combination of convictions of section 28-1381, section 28-1382 or this section or acts in another jurisdiction that if committed in this state would be a violation of section 28-1381, section 28-1382 or this section.
3. While a person under fifteen years of age is in the vehicle, commits a violation of either the DUI or extreme DUI statutes
4. While the person is ordered by the court or required pursuant to section 28-3319 by the department to equip any motor vehicle the person operates with a certified ignition interlock device, does either of the following:

(a) While under arrest refuses to submit to any test chosen by a law enforcement officer pursuant to section 28-1321, subsection A.

(b) Commits a violation of section 28-1381 (DUI), or section 28-1382 (extreme DUI).

Aggravated DUI is a class 4 felony when the person is alleged to have committed a DUI while his license was suspended, revoked, canceled or restricted (including an ignition interlock).  It is also a class 4 felony when it is alleged that the person committed a third DUI within 84 months.  Moreover, Aggravated DUI is a class 6 felony when it is alleged that the person committed a DUI offense and there was a person under the age of 15 years old is in the automobile.  It is also a class 6 felony to have a requirement of an ignition interlock device and while under arrest refuse to submit to any test chosen by a law enforcement officer pursuant to Arizona's implied consent law.

 
PENALTIES FOR AGGRAVATED DUI

The penalties for an Aggravated DUI will vary depending on portion of the statute violated.  For class 4 felony DUI cases: "a person is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than four months in prison." The minimum prison term can be raised to eight months in certain circumstances.  The term of imprisonment will be followed by a term of probation.  However, it is important to remember that a judge is not required to sentence a person to these stated minimum terms.  While uncommon, a judge does have the discretion to sentence a person to a longer term of prison.

For the class 6 felony, prison is not mandatory.  However, a person will have to serve a term of jail.  The minimum term of jail will be based on the results of the person's blood alcohol concentration test.  Thus, the minimum term of jail will be either one day or ten days (soon to be increased by the legislature.) 

Beyond incarceration, there are several other penalties that come with an Aggravated DUI conviction.  Below is summary of a few of the potential penalties:

• Attend and complete alcohol or other drug screening, education or treatment from an approved facility;
• Revocation of the person's driving privileges;
• Require the person to equip any motor vehicle the person operates with a certified ignition interlock device;
• Order the motor vehicle owned and operated by the person at the time of the offense forfeited;
• Fine of not less than seven hundred and fifty dollars;
• Pay an additional financial assessments.

If you are charged with an Aggravated DUI offense then feel free to contact Lawrence Koplow online, or call him at his Phoenix / Scottsdale area office at (602) 494-3444 to discuss your legal options.

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