What is a DUI in Arizona, #4, State v. Hernandez
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. Hernandez, No. 1 CA-CR (6/30/15).
FACTS:
Table of Contents
A police officer observed the defendant’s speeding vehicle and pulled him over. Upon making contact with the defendant the officer observed that the defendant’s speech was slurred, he was unstable on his feet, and his eyes were red and watery. The officer arrested the defendant and requested that he submit to a blood draw, which the defendant refused to do. The officer then obtained a search warrant from a judge. Pursuant to the warrant the officer, who was trained and certified as a phlebotomist, drew the defendant’s blood. Defendant’s blood tested at .182%.
The defendant was charged with Aggravated DUI. The defendant was found guilty by jury and then the trial judge determined the defendant had two prior felony DUI convictions.
LEGAL ISSUE:
Before trial the defendant made a motion to suppress the blood test results. The defendant alleged that the seizure of the blood by search warrant was illegal because the officer executed the warrant for his blood draw at night although the warrant issued by the court was a daytime warrant, and 2) because the affidavit for search warrant was signed by the judge rather than the officer. The trial court had denied his motion to suppress and on appeal the court of appeals agreed saying these were technical mistakes which did not invalidate the warrant.
SENTENCE:
The defendant was sentenced to eight years in prison.
The memorandum decision is available by link, along with the transcript/podcast of this recording.
Gordon Thompson
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
