The purpose of this series of podcasts is to discuss the facts, legal issues and sentences imposed in Arizona felony DUI cases so people can have an understanding of how individuals can be found guilty of Felony DUI and what sentences can be imposed.
The cases discussed in this series are primarily based on memorandum decisions issued by the Arizona Court of Appeals. Memorandum decisions are only binding on that individual case and are not legal precedent for other cases. However, their discussion of the facts, legal issues presented and sentences imposed are a good guide for what it takes to be found guilty of a felony DUI in Arizona, and what the sentences imposed could be. Keep in mind almost all of these cases arose from the defendant’s appeal after a Felony DUI trial. Sentences for Felony DUIs which are resolved by plea agreement are often less than those imposed after a jury trial.
State v. Walters, No. 1 CA-CR 14-0399 (4/23/15).
FACTS:
Table of Contents
A police officer observed the defendant’s car weaving within its lane on a freeway. The vehicle was braking despite being the only car on the road, and its speed varied. At one point, the right-side tires completely entered the gore point. The officer then activated his emergency lights however the defendant’s car was slow to yield and finally pulling over after exiting the freeway. When the officer asked the defendant for identification, he stated he did not have a license and instead presented an Arizona ID card. The officer could smell a strong odor of alcohol coming from the interior of the vehicle. When the officer questioned the defendant about drinking, he stated that he “had a couple.” After the defendant exited the vehicle the officer administered field sobriety tests, including the Horizontal Gaze Nystagmus (“HGN”) in which the officer notes six cues of impairment and the “walk-and-turn” test which to the officer said the defendant performed poorly. The officer noted a strong odor of alcohol on the defendant’s breath and poor balance.
The defendant was then arrested and transported to the police station where he submitted to a breath test, which revealed alcohol concentrations of 0.183% and 0.173%.
The defendant’s driving privileges were suspended at the time of the incident.
The defendant was charged with Felony Aggravated DUI.
A jury found the defendant guilty as charged.
After the jury returned it’s the court found that the defendant had two prior felony convictions.
LEGAL ISSUE:
There were no legal issues discussed in the decision.
SENTENCE:
The defendant was sentenced to six years concurrent terms of six years’ imprisonment for each count, with 99 days of presentence incarceration credit applied to each count.
The memorandum decision is available by link, along with the podcast of this recording.
For more information about Arizona DUI and criminal law issues please contact Gordon Thompson who has used his experience to write a blog on topics of interest. You can also chat with Gordon about your specific questions. Website: https://GordonThompsonAttorney.net
