What is this? This was my first DUI blog that started earlier in my career. Some of the original posts have been update here. Others have moved to my new location. All new posts and information is now located: DUI LAWYER WEBSITE Attorney Lawrence Koplow’s DUI Law Website CLICK HERE LEGALCOFFEE BLOG Criminal Justice & Commentary by Lawrence Koplow CLICK HERE Ready to fix it? (602) 494-3444 YES, HELP ME You might also be interested in Arizona DUI The Definitive
The Arizona Supreme Court’s Decision regarding the Scottsdale Crime Lab scandal was highly anticipated. In a very Solomon like decision, the Court granted both sides some relief. The decision contains a lot of legal nuance requiring explanation. Here is a summary and a few thoughts: Admissible Is Not The Same As Reliable While the Court decided the blood alcohol measurements are admissible – they did not hold they are reliable. There is a big difference. As a matter of fact, the Court expressed
Tomorrow around 10:00 a.m. the Arizona Supreme Court will issue its decision regarding the Scottsdale Crime Lab. Here are some of the new stories about the case of STATE v HON. BERNSTEIN/HERMAN: Scottsdale DUIs in question over lab methods – Arizona Republic E-mails point to problems in Scottsdale crime lab – Arizona Republic Lab Results in DUI Cases In Arizona City Challenged – Insurance Journal Lab results in Scottsdale DUI cases challenged – Washinton Examiner Arizona court to review ruling on
The Arizona Supreme Court has decided to review the Court of Appeals’ (COA) ruling regarding whether Scottsdale DUI results can be trusted. Our ongoing legal battle over the defective software used by the Scottsdale Crime Lab (SCL) to measure BAC levels begins its final stage. The Supreme Court granted our request to review the COA’s decision permitting prosecutors to rely upon the measurements generated by this software as a basis for a DUI conviction. WHAT HAPPENED? Over three years ago a
In July of 2012, I asked a member of the Scottsdale Crime Lab for an interview about some rumors. She refused and told me to get a court order. At that time I was surprised. Why would she refuse to do a routine interview? Today we know the answer. Now we now know that: (1) the Scottsdale Crime Lab’s blood testing equipment is unreliable; and (2) the testimony of the crime lab personnel is not trustworthy. You don’t have
The harsh penalties for an Arizona extreme DUI conviction are well know by many people who live in Arizona. However, what happens when we apply these penalties to people who were only visiting Arizona and charged with DUI? One could take the view: who cares? When people come to “our state” and commit crimes, they deserve whatever they get. On the other hand, you could look at what I believe are the unintended effects of these penalties on visitors to Arizona.
Arizona is one of a few states that has created something referred to as “Super Extreme DUI.” A DUI is “Super Extreme” if a person’s blood alcohol concentration is .200 or above. While this crime is still a misdemeanor, it carries a minimum jail term that is greater than most first time felonies. There are several characteristics of this crime that make it unique. Here are the five most important: 1. An extended period of an Ignition Interlock Device. All
The short answer is not much. At best, they may correlate to someone having a blood alcohol concentration over a .08. At worst, they prove nothing at all. To understand their meaning you must look at how they came into existence and who developed them. In the late 1970’s, NHTSA (the National Highway Traffic and Safety Administration) paid for some research to see if tools could be developed for law enforcement to identify people who are potentially DUI / DWI.
Updated September 5, 2020 Arizona’s Extreme DUI Law The are several types of DUI offenses in Arizona. An extreme DUI is based on the blood alcohol concentration (BAC) level of the person accused of DUI. Specifically, if the person has a BAC above a .150 they will be charged with extreme DUI under § 28-1382 of the Arizona Revised Statutes. Prior Consequences | Extreme DUI Conviction The primary penalties for being convicted of an Extreme DUI charge include: Incarceration (a term of
All DUI convictions in Arizona require an ignition interlock device. Practically speaking, this means that a person will be forced to “blow” into the device to show there is no alcohol in his or her system every time he or she starts a car, and approximately every 15 to 30 minutes while the vehicle is operating. There are also several Arizona statutes relating to the interlock device once it has been installed in a vehicle. Failure to comply with these laws can result in either: (1) an extended interlock period; and/or (2) a driver’s license suspension. Below is a summary of