NOT CHARGED | FELONY AGGRAVATED DUI (DMC No. 7088) (Chandler Police Department): Mr. W. had 3 prior DUI’s, including a prior felony DUI in which he had spent a year in prison. He was pulled over for allegedly turning wide and not having his taillights on. He admitted to drinking and was given Field Sobriety Tests, which he performed very well. He subsequently had his blood drawn, which came back below the legal limit. Although Mr. W. was facing 3 to 6 years in prison, we were able to convince the prosecutors that they had no chance at beating us at trial, and they chose not to charge Mr. W. with Aggravated DUI.

NOT CHARGED | FELONY AGGRAVATED DUI (Prescription Drugs) (DMC No. 3787) (Glendale Police Department): Ms. R. was driving when she was involved in a rear-end collision and knocked unconscious. Her children were in the vehicle with her and were under 15 years of age, which made this an Aggravated (felony) DUI. The police determined that she was under the influence of prescription drugs, and they attempted to get her to sign a consent form for them to draw her blood. She would not do so. The hospital drew blood for medical purposes, and gave a vial to the police at the officer’s request. Due to potential issues with the manner in which the police obtained her blood sample, the prosecutor chose not to file charges.

NOT CHARGED | FELONY AGGRAVATED DUI (DMC No. 4245) (San Marcos Justice Court): Mr. C. had a prior DUI approximately 4 years prior to being stopped for this DUI. He failed to appear in Court and a warrant was issued for his arrest, which had suspended his driver’s license. When he was pulled over for this DUI, it became designated as an Aggravated (felony) DUI due to his license suspension. He told the officers he’d only had 3 beers, and they drew his blood. Because of his body weight and the amount of alcohol he’d consumed, we were able to inform the prosecutor that his BAC would be below the legal limit. In addition, we had a good argument as to whether he knew that his license was suspended. Based on this, the Maricopa County Attorney’s Office choose to dismiss the case and not submit it for felony charges. This saved Mr. C. from facing 4 months in prison.

NOT CHARGED | FELONY AGGRAVATED DUI – State v. Mr. A. (DMC No. 3954) (Phoenix Police Department): Mr. A. was stopped for an alleged traffic violation and officers indicated that his license was revoked because of a prior DUI. Blood was drawn, which eventually revealed a .090% BAC. Mr. A. was subsequently cited for Aggravated (felony) DUI and was facing 4 months in prison. We were able to convince the prosecutor that Mr. A. had a valid Arizona license because he obtained it after he left the state of New Mexico without knowledge that his New Mexico license had been revoked. We convince the prosecutor not to bring any charges against Mr. A.