Articles Posted in DUI Defenses

Arizona Court Decides Defendant Need Not Own a Car to Comply with Ignition Interlock Statute
Law Office of James Novak

Recently, an Arizona court of appeals had to decide the implications of a statute that allows defendants convicted of extreme driving under the influence to be released from jail early if they install an interlock device on their car. Specifically, the statue says that defendants guilty of extreme DUI can have 31 days cut off…

Continue reading ›
What You Need to Know about the Medical Blood Draw Exception
Law Office of James Novak

Without consent, or a warrant it is unconstitutional for the police to collect a DUI blood sample.
There are a few exceptions in which the police can obtain a blood test for investigation
In this article we will focus on the DUI medical blood draw exception, to a search warrant.
Under exigent circumstances, police can request a blood sample that is taken incidental to a blood draw for medical purposes.
The Arizona Supreme Court recently considered the question of when this exception would apply.
The blood draw exception requires medical personnel to give some of the blood sample drawn for medical reasons to a law enforcement officer, upon request.
The police can request a sample for a DUI investigation only if they have probable cause to believe the driver was under the influence of drugs or alcohol.
Here we take a closer look at the case and decision involving the medical treatment exception. , the AZ Supreme Court added another layer of protection to assure a driver’s rights are protected by due process of law.
In the past if police requested a DUI blood test under the medical treatment exception, they needed to show probable cause, exigent factors, and that a blood test was being done for medical reasons. As a result of this decision, that state further needs to provide a showing that the driver’s rights to direct their own medical treatment were not violated.

Continue reading ›

Arizona Criminal Defense Attorney Blog

Arizona Court’s Opinion Reinforces Case Law Dictating Trial Court Jurisdiction Over Defendants Over Eighteen Years of Age In a recent opinion published by the Arizona Court of Appeals, Division One, the court vacated a trial court’s dismissal of an assault indictment...

Recent Arizona Court Opinion Highlights Reality that Multiple Offenses Means Harsher Sentences In Arizona, if a defendant with prior convictions is found guilty of a crime, that defendant will face a harsher sentence than if he or she had no...

“Motive” as a Reason to Admit Otherwise Inadmissible Evidence at Trial When can an Arizona court admit evidence regarding a previous, seemingly unrelated offense during criminal proceedings? The answer is tricky, as...

Contact Us

  1. 1 Free Initial Consultation
  2. 2 Available 24/7
  3. 3 Former Prosecutor

Fill out the contact form or call us at (480) 413-1499 to schedule your free consultation.

Leave Us a Message