Case Result: NOT GUILTY on All Charges
Charges: Super Extreme DUI (A.R.S. 28-1382)
Court: Glendale City Court and Maricopa County Superior Court
Overview
Client I.T. was asleep in a parked truck in Glendale, Arizona when police knocked on his window. He had never driven while impaired that night — but under Arizona law, he did not have to. He was charged with a Super Extreme DUI with a blood alcohol concentration of .20%, more than two and a half times the legal limit, as well as cocaine possession.
Arizona DUI defense attorney Gordon Thompson took the case to a jury trial. The jury returned a Not Guilty verdict on all charges. This is how it happened.
The Facts
I.T.’s truck was parked on a quiet Glendale side street, next to a curb and not blocking any driveway. I.T. was in the driver’s seat, asleep, with the engine running, windows up, and the air conditioning on. Several empty beer cans were inside the cab.
A passerby called police out of concern for I.T.’s welfare. Officers responded and woke I.T. up. Their entire interaction was recorded on body camera video. I.T. declined all field sobriety tests and refused a voluntary blood draw. Police obtained a search warrant and took a blood sample by force.
Lab results showed a BAC of .20% and the presence of cocaine. Officers also found cocaine in I.T.’s pants pocket.
The drug possession charge was filed in Maricopa County Superior Court. I.T. completed an approved diversion counseling program and that charge was dismissed. The Super Extreme DUI charge remained and went to jury trial in Glendale City Court.
Arizona’s Actual Physical Control (APC) DUI Law
Most people assume you have to be driving to get a DUI. In Arizona, that is not true.
Under A.R.S. 28-1382, Arizona’s Actual Physical Control (APC) law makes it a crime to be in control of a vehicle while impaired — even while parked — if that control could imminently endanger others. Prosecutors look at factors like whether the engine was running, where the driver was seated, whether the vehicle was on a road or shoulder, and the time of day.
In I.T.’s case, the engine was running and he was in the driver’s seat. The state argued that was enough to establish APC.
The Temporary Shelter Defense
Arizona law recognizes an important exception. Under State v. Tarr and related case law, a person is not guilty of APC DUI if they are using their vehicle as a temporary shelter — meaning they chose to sleep it off rather than drive.
This defense reflects sound public policy. If someone recognizes they are too impaired to drive and pulls over to sleep instead of getting back on the road, Arizona law should not punish that responsible choice the same way it punishes impaired driving.
Attorney Thompson built the defense around this principle.
The Defense Strategy
Keeping the Most Damaging Witness Off the Stand
Before trial, the prosecution planned to call the forensic lab analyst who tested I.T.’s blood. From decades of Arizona DUI trial experience, Attorney Thompson knew exactly what that analyst would say: I.T. could not have reached a .20% BAC from the beer cans found in the truck alone. That testimony would have effectively proven I.T. was heavily impaired before he ever parked.
Thompson made a calculated offer to the prosecution. He agreed to stipulate that the blood test results were accurate, so the prosecution would not need to call the analyst to establish that point. The prosecution accepted. The analyst never testified.
That single pre-trial decision eliminated the state’s most dangerous witness.
Letting the Evidence Speak
At trial, Thompson presented no independent evidence and kept cross-examination of the officers to a minimum. The body camera footage and officer testimony already established what the defense needed: I.T. was asleep in a parked truck on a residential street. No one saw him drive. No one could say how long the truck had been parked there.
In closing argument, Thompson made two points the state could not refute. First, I.T. was sleeping it off — a textbook Temporary Shelter scenario. Second, it was entirely possible that I.T. had driven to that location sober, or far less impaired, and consumed the alcohol in the truck afterward before falling asleep. With the analyst absent, no witness could contradict that scenario. The burden of proof remained on the state, and the state could not meet it.
The Verdict
The jury deliberated briefly and returned a Not Guilty verdict on all counts.
I.T. faced no DUI conviction, no mandatory jail time, no license suspension, and none of the steep fines and ignition interlock requirements that come with a Super Extreme DUI conviction in Arizona.
The outcome came down to two things: a pre-trial decision to keep the most harmful expert off the stand, and the discipline to let the evidence tell the defense story without overcomplicating it.
What This Means If You Are Facing an Arizona DUI
Arizona has some of the toughest DUI laws in the country. A Super Extreme DUI carries mandatory minimum jail time, significant fines, license revocation, and an ignition interlock requirement. An APC charge can follow you even if your vehicle never moved.
But as I.T.’s case shows, the right strategy — grounded in real Arizona courtroom experience — can result in a full acquittal even when the blood test numbers look overwhelming.
If you are facing a DUI charge anywhere in Arizona, contact Gordon Thompson for a free consultation.
Frequently Asked Questions
Can I be charged with DUI in Arizona if I was not driving?
Yes. Arizona’s Actual Physical Control law allows DUI charges when you are in a position to imminently operate a vehicle while impaired, even if the vehicle is parked. Sitting in the driver’s seat of a running vehicle is typically enough for police to make an arrest.
What is the Temporary Shelter defense in an Arizona DUI case?
The Temporary Shelter defense argues that the defendant was using their vehicle as a safe place to sleep off intoxication, not to drive. Under Arizona case law, this can defeat an APC DUI charge. It works best when supported by facts showing the driver made a deliberate choice to stay off the road.
What is a Super Extreme DUI in Arizona?
A Super Extreme DUI is charged under A.R.S. 28-1382 when a person’s BAC is .20% or higher. It carries harsher penalties than a standard or Extreme DUI, including longer mandatory jail time, higher fines, and longer ignition interlock requirements.
What happens if I refuse a blood test during an Arizona DUI stop?
Arizona police can apply for a search warrant to obtain a blood draw by force if you refuse. Your refusal may also trigger a separate administrative license suspension. The warrant-obtained blood results can still be used against you in court.
Is there a diversion program for drug possession charges in Arizona?
Yes. Maricopa County and other Arizona courts offer diversion programs for eligible drug possession charges. Successful completion, usually involving counseling and compliance requirements, results in dismissal of the charge with no conviction on your record.
Can a DUI attorney help even when my BAC was very high?
Yes. A high BAC is serious but does not automatically mean a conviction. An experienced Arizona DUI attorney can challenge how evidence was gathered, argue APC was not established, raise a Temporary Shelter defense, and make strategic decisions at every stage of the case that significantly change the outcome.
Past case results do not guarantee the same outcome in future cases. Every case is unique. This page is for informational purposes only and does not constitute legal advice.