Aggravated DUI
Arizona DUI & Criminal Defense | gordonthompsonattorney.net NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. Arizona DUI Defense › Case Analysis › 2026 Arizona DUI Case Review: What State v. Kisemh Teaches Defendants…
These cases discuss decisions issued by the Arizona Court of Appeals. Most are memorandum decisions. Memorandum decisions are not legal precedent for other cases. Memorandum decisions are a good guide for what it takes to be found guilty of a felony DUI in Arizona. They also show what the sentences could be. Almost all these…
A defendant’s Aggravated DUI and Theft charges were properly joined for trial. The Facts The Tempe Police Department received a report of a stolen vehicle. The vehicle was reported to and be in a certain area. The police stopped the vehicle and eventually the defendant was identified as the driver. The defendant appeared to be…
Arizona Wrong Way DUI Law In 2018 the Legislature added a new felony DUI offense, 28 A.R.S.§ 1383.A.5, Driving the Wrong Way on a Highway While Impaired. The mandatory minimum sentence includes 4 months in State Prison. If an impaired driver is driving the right way the minimum penalty could be 1 day. If the…
Defendant’s 2 Agg DUI convictions upheld but sentence reduced State v. Seantain Leroy Cook Seantain Leroy Cook appealed his 2 aggravated DUI convictions. The basis for the cases was driving with a suspended license in two separate DUI incidents in 2021. The DUIs were first charged as misdemeanors in a municipal court. Mr. Cook’s suspended…
In 2018 the Arizona Legislature enacted a new DUI felony which made it a Class 4 Felony to drive the wrong way on a “highway” while in violation of Arizona’s DUI laws. The mandatory minimum sentence includes 4 months in the Arizona State Prison, which in no way can be waived. The reason offered by…
HB2296 would modify 28 A.R.S. § 1383.A.5, Wrong Way Driving DUI Felony, which makes the section referring to all “highways” applicable to “Controlled Access Highways or State Highways.” As previously posted, although the proposed changes would help limit the applicability of the statute to what the Legislature intended (but did not explicitly say) when they…
In 2018 the Arizona Legislature enacted a law, 28 A.R.S. § 1383.A.5, which made it a felony to drive the wrong way on a “highway” while under the influence. The mandatory minimum sentence for this offense includes four months in the Arizona State Prison. Under this law someone can be sentenced to State Prison for…
The Arizona Department of Public Safety has approved a breath testing device known as an Intoxilyzer 8000 for use to test the alcohol levels of persons arrested for DUI. The State Legislature has made it very easy for a prosecutor to have Intoxilyzer 8000 breath test results admitted into evidence in a DUI trial without…
Does Arizona law require a driver to be sentenced to a mandatory minimum of 4 months in the Department of Corrections for a 1st offense, non-accident, regular DUI occurring on a city street, when aggravating factors such as a minor child in the vehicle or the driver’s having a suspended license are not present, and…