If you’ve been charged with both Aggravated DUI and another crime in Arizona, the prosecutor may ask the court to combine — or “join” — those charges into a single trial. A recent Arizona Court of Appeals decision confirmed that courts can do exactly that when the charges come from the same incident. Here’s what happened and why it matters to you.
What Happened in This Case
Tempe police got a report of a stolen vehicle and located it in the area. When they stopped the car, the driver — later identified as the defendant — appeared impaired. Police collected a blood sample.
The blood test came back positive for methamphetamine and fentanyl. As a result, the defendant faced two separate charges:
- Aggravated DUI — driving under the influence of drugs
- Theft — for the stolen vehicle
What Is “Joinder” — and Why Does It Matter?
The prosecutor asked the court to combine both charges into one trial. This is called joinder. Under the Arizona Rules of Criminal Procedure, joinder is allowed when charges are:
- Of the same or similar character
- Based on the same conduct or connected in how they were committed
- Part of a common scheme or plan
The logic behind joinder is efficiency — the same witnesses, evidence, and facts don’t need to be presented twice in two separate trials.
The defendant objected. His argument: having a jury hear about both a DUI and a theft charge at the same time could unfairly prejudice them against him. He wanted the charges kept separate — a process called severance.
The court sided with the prosecution and allowed joinder. Critically, the defendant did not file a separate motion for severance after the joinder ruling — a procedural requirement under Arizona rules.
The jury ultimately found the defendant not guilty of theft but guilty of Aggravated DUI.
What the Arizona Court of Appeals Decided
The defendant appealed, arguing the joinder of the two charges was improper. The Court of Appeals denied the appeal and upheld the conviction.
Because the defendant never filed that required severance motion at trial, the issue wasn’t properly preserved for appeal. In Arizona, that means the court only reviews for “fundamental error” — a very high bar.
To win under fundamental error review, a defendant must prove all three of the following:
- An error actually occurred
- That error was “fundamental” — meaning it struck at the heart of the defendant’s right to a fair trial
- The error caused real prejudice to the outcome
The Court of Appeals found no fundamental error — and went further, saying that even if the issue had been properly preserved, the joinder still would have been upheld. Because both the DUI and the theft arose from the exact same traffic stop, joining them was appropriate.
What This Means for Arizona Defendants
This case highlights a hard reality in Arizona criminal law: when you are charged with multiple crimes from the same incident, those charges are very likely going to be tried together. A jury will hear all of the evidence at once.
It also shows how critical it is to follow correct legal procedures at the trial court level. Failing to file the right motion — even when you have a valid argument — can mean losing your right to raise that issue on appeal.
If you’re facing charges like Aggravated DUI alongside theft, assault, or any other offense in Arizona, the decisions made early in your case — before trial ever begins — can determine the outcome.
Frequently Asked Questions About Joinder in Arizona DUI Cases
Can an Arizona prosecutor combine my DUI charge with another charge in the same trial?
Yes. Under Arizona Rules of Criminal Procedure, the prosecutor can ask the court to join separate charges into one trial if they arise from the same incident, are of a similar character, or are part of a common scheme. This is called joinder, and Arizona courts routinely allow it when the charges stem from a single event — like a traffic stop that leads to both a DUI and a theft charge.
What is the difference between joinder and severance in Arizona criminal cases?
Joinder means two or more charges are heard together in one trial. Severance is the opposite — a defendant can ask the court to separate the charges into different trials. To get severance, a defendant must show that combining the charges would cause unfair prejudice that outweighs the benefits of a single trial. Arizona courts can grant or deny these motions based on the specific facts of each case.
What is Aggravated DUI in Arizona?
Aggravated DUI in Arizona is a felony-level DUI charge under A.R.S. § 28-1383. It applies in situations such as driving under the influence on a suspended license, DUI with a minor in the vehicle, DUI that is a third offense within seven years, or DUI while required to have an ignition interlock device. Convictions carry mandatory jail or prison time, fines, and license consequences.
What happens if I don’t file the right motions during my Arizona criminal trial?
If you fail to file a required motion — like a motion for severance — at the trial court level, you generally lose the right to raise that issue on appeal. Arizona courts will only review those unpreserved issues for “fundamental error,” which is an extremely difficult standard to meet. The defendant must prove an error occurred, that it was fundamental, and that it actually caused prejudice. Most defendants do not clear that bar.
Can a jury find me not guilty on one charge but guilty on another in a joined Arizona trial?
Yes. When charges are joined, the jury still considers each one separately on its own evidence. In the Schwab case described above, the jury found the defendant not guilty of theft but guilty of Aggravated DUI — demonstrating that joined charges do not automatically rise or fall together.
Written by Gordon Thompson, Arizona DUI and Criminal Defense Attorney. For more information about Arizona DUI and criminal defense law, visit the Gordon Thompson Attorney blog.