A DUI in Arizona is what a jury says it is. All DUI defendants have either a constitutional (Felony) or statutory (Misdemeanor) right to a jury trial. By looking at appeals from convictions we can see the facts that lead to that jury unanimously deciding, beyond a reasonable doubt, the defendant was guilty. We can also see any legal arguments the defendant may have that he was wrongly found guilty, either because there was not enough evidence to convict or that the trial judge made some error which denied him the right to a fair trial.
These appeals are only from convictions based on guilty verdicts. The State cannot appeal from a not guilty verdict and so these appeals do not show what juries thought was not enough evident to convict a defendant.
In Arizona it is a Class 4 Felony to Drive the Wrong Way on a Highway While Impaired (28 A.R.S. § 1383.A.5
). Although as of the date of this blog (12/4/25) there is a legal question as to what roadways are included in the definition of “highway”, a controlled access road, such as I-17 and Loop 303, is clearly a “highway.” In State v. Reyes, a jury decided what is a Wrong Way Felony DUI.
FACTS
Around 4:30 a.m. on September 16, 2023, a “wrong-way detection alarm went off,” alerting a traffic operations specialist that a vehicle had entered the Loop 303.
Through a live camera feed, the specialist identified the vehicle as a white pickup truck, reported the situation to law enforcement, and relayed the truck’s movements to the dispatcher.
The specialist only lost sight of the truck for a few seconds as he switched between different camera systems and did not observe any other white pickup trucks in that section of Loop 303. The truck continued southbound in the northbound lanes, migrated to the right (the northbound “fast lane”), slowed down, and eventually stopped and completed a U-turn. The truck then exited Loop 303 from the same exit ramp where it originally entered, proceeded straight across the intersection, and rejoined the northbound lanes of Loop 303.
911 calls from two motorists reported a wrong-way driver who observed a pickup truck going southbound in the northbound lanes. At trial the State used the call recordings but did not have the callers testify in court. A DPS trooper located the white truck, observed it swerving and weaving, and performed a traffic stop at 4:35 a.m. The driver who was the defendant had bloodshot eyes, slurred speech, and an unsteady gait. He also offered his passport when asked to provide his driver’s license. 2 breath samples showed blood alcohol content (“BAC”) was 0.148% and 0.149%.
The jury found the defendant guilty. The judge then sentenced the defendant to the mandatory minimum sentence of probation with 4 months in state prison.
TRIAL ISSUE
The defendant appealed from the conviction. He contended that by permitting the State to use the 911 calls at trial, the judge violated his right to a fair trial as protected by the Fourteenth Amendment Due Process.
The State only disclosed the contents of the 911 calls 2 weeks before trial and so the defendant had insufficient “time before trial to try and locate these witnesses. Possible exculpatory evidence is now unavailable.” Over the defendant’s objections the judge allowed the State to present the 911 calls to the jury.
COURT OF APPEALS DECISION
The court of appeals denied the defendant’s appeal. In doing so the appellate court held the 911 call recordings did not provide “crucial” or “critical” evidence against Reyes; instead, the recordings merely supported the other evidence presented by the State and cannot reasonably be considered foundational, “critical”, evidence.
The court also said, “The State presented video evidence of Reyes entering the exit ramp and testimony from the specialist who observed the white truck driving the wrong way on the freeway. Neither the specialist nor the trooper observed any other white trucks on the freeway, and the trooper told the jury about his observations of Reyes’ impairment, as well as the BAC results.” Also, the 911 recordings were disclosed 12 days before trial, which gave the defense enough time to pursue any possible leads from the 911 for possible defenses.
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://www.GordonThompsonAttorney.net
Blog: https://www.GordonThompsonAttorney.net/blog/
