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Understanding DUI Trial in Arizona

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54+ Five-Star Google Reviews

“Attorney Divelbiss is bright, hard-working, and well-versed in criminal law. His legal writing is superb, and his commitment to his clients is outstanding. He will fight for you and offer you the best defense possible. Additionally, he is a pleasure to work with. I fully endorse this lawyer.”


J.S.

54+ Five-Star Google Reviews

“I hired Zachary after I found myself charged with a felony. He put me at ease right away and during the whole process he explained each step to where I understood everything and was always available for any questions I had. ”


S.N.

54+ Five-Star Google Reviews

“Attorney Zachary is a brilliant attorney, I highly recommend his company to resolve any legal/criminal matter satisfactorily. He still continue to work on my case to tie some loose ends. He is intelligent , prompt and a problem solver. I thank him a million times to protect my dignity and reputation.”


D.G.

54+ Five-Star Google Reviews

“I have had the pleasure of working with Mr. Divelbiss in the past and know him to be a hard working professional. His attention to detail and care for his clients set him apart from the rest!”


Joshua Black, Attorney

54+ Five-Star Google Reviews

“Attorney Divelbiss is a hard worker and will advocate for his clients with an attention to detail that you don’t see very often these days.”


Brandon White, Attorney

54+ Five-Star Google Reviews

“Attorney Divelbiss is bright, hard-working, and well-versed in criminal law. His legal writing is superb, and his commitment to his clients is outstanding. He will fight for you and offer you the best defense possible. Additionally, he is a pleasure to work with. I fully endorse this lawyer.”


Josephine Hallam, Attorney

54+ Five-Star Google Reviews

“Mr. Divelbiss and I worked in the same office, although we were at different law firms. He was eager to learn and developed a reputation for honesty and zealous advocacy.”


Kristopher Califano, Attorney

54+ Five-Star Google Reviews

“Mr. Divelbiss is a GREAT attorney, very honest and reliable. He takes his times with every client and answers all questions and concerns. Is been a pleasure working with Mr. Divelbiss and he serves his clients very well!”


Allen Hsu, Attorney

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Duty of Jurors

 

It is your duty as a juror to decide this case by applying these jury instructions to the facts as you determine them. You must follow these jury instructions. They are the rules you should use to decide this case.

You must determine the facts in the case by determining what happened. Determine the facts only from the evidence produced in court. When I say “evidence,” I mean the testimony of witnesses and the exhibits introduced in court.

You should not guess about any fact. You must not be influenced by sympathy or prejudice. You must not be concerned with any opinion you feel I have about the facts. You, as jurors, are the sole judges of what happened. You must consider all these instructions. Do not pick out one instruction or part of one, and ignore the others.

As you determine the facts, however, you may find that some instructions no longer apply. You must then consider the instructions that apply and the facts as you have determined them.

 

Complaint Is Not Evidence

The state has charged the defendant with a crime or crimes. The charge is not evidenced
against the defendant. You must not think the defendant is guilty just because a crime has been charged. The defendant has pled “not guilty.” The defendant’s plea of “not guilty” means that the state must prove every part of the charge beyond a reasonable doubt.

 

Jury Not to Consider Penalty

You must decide whether the defendant is guilty or not by determining the facts in the case and applying these jury instructions. You must not consider the possible punishment when deciding on guilt; punishment is left to the judge.

54+ Five-Star Google Reviews

“Attorney Divelbiss is a hard worker and will advocate for his clients with an attention to detail that you don’t see very often these days.”


Brandon White, Attorney

Why Hire a Phoenix DUI Lawyer?

DUI cases are complex, but Phoenix DUI lawyers know how the courts run inside and out. A criminal defense attorney will help you negotiate a better plea deal for you. If you are facing a 2nd DUI in Arizona, typically the DUI prosecutor will be less lenient on you. Getting legal assistance from a criminal attorney can potentially help lower your fines and penalties.

Jury Are Judges of the Evidence

 You are the exclusive judges of the evidence in this case. The word “evidence,” as used in these instructions, means the testimony of witnesses, writings, a material object, or other things presented to the senses that are offered to prove the existence or non-existence of a fact.

From the evidence presented to you in a jury trial and the reasonable inferences to be drawn there, you must decide whether the state has proven the truth of the charge beyond a reasonable doubt.

Your verdict must be based upon the evidence presented in court, not upon theories unsupported by evidence in the case, speculation, or guesswork. In deciding this case, you are not to be swayed by mere sentiment, sympathy, passion, prejudice, public opinion, or public feeling.

Race, color, religion, national ancestry, gender, or sexual orientation should not influence you. Your verdict should not be affected by passion against the defendant or by sympathy for the defendant but should be fair, impartial, and based on the facts of the case.

 

Jury Are Judges of the Credibility of Witnesses

In deciding the facts of a felony DUI case, you should consider what testimony to accept and what to reject. You may believe everything a witness says, or only part of it, or none of it.

Proof beyond a reasonable doubt is proof that leaves you firmly convinced of the defendant’s guilt. There are very few things in this world that we know with absolute certainty, and, in a criminal case, the law does not require proof that overcomes every doubt.

If based on your consideration of the evidence, you are firmly convinced that the defendant is guilty of the crime, you must find the defendant guilty. If, on the other hand, you think there is a real possibility that the defendant is not guilty, you must give the defendant the benefit of the doubt and render a verdict of not guilty.

 

Direct and Circumstantial Evidence

Evidence can be divided into “direct” and “circumstantial” evidence. Direct evidence is the testimony of a witness that saw an event. Circumstantial evidence is the proof of a fact from which the existence of another fact may be inferred. You must determine the weight to be given to all the evidence without regard to whether it is direct or circumstantial.

Both direct and circumstantial evidence are acceptable types of evidence to base your decision on, and either one may be used to prove any fact. The law makes no distinction between the two types of evidence.

It is for you to determine how much weight to give to the direct and circumstantial evidence. The law does not say that one type of evidence is more important than the other.

 

Duty To Deliberate

The verdict must represent the considered judgment of each juror. To return a verdict, each juror must agree to that verdict. In other words, your verdict must be unanimous.

It is your duty, as jurors, to consult with one another and to deliberate to reach a plea agreement if you can do so without violence to individual judgment. Each of you must decide the case for yourself but only after an impartial consideration of the evidence with your fellow jurors.

In the course of your deliberations, do not hesitate to reexamine your views and change your opinion if convinced it is erroneous, but do not surrender your honest determination as to the weight or effect of evidence solely because of the opinion of your fellow jurors, or for the mere purpose of returning a verdict.

You are not partisans. You are judges, judges of the facts. Your sole interest is to ascertain the truth from the evidence in the case.

 

Defendant Need Not Testify

The defendant is not required to testify. The decision on whether to testify is left to the defendant acting with the advice of a DUI attorney. You must not let this choice affect your deliberations in any way. You must not conclude that the defendant is likely guilty because the defendant did not testify.

 

Evidence to Be Considered

You are to determine the facts in the case from the evidence produced in court. If an objection to a question was sustained, you must disregard the question, and you must not guess what the answer to the question might have been.

If an exhibit was offered into evidence and an objection to it was sustained, you must not consider that exhibit as evidence. If the testimony was ordered stricken from the record, you must not consider that testimony for any purpose.

 

Defendant Need Not Produce Evidence

The state must prove guilt beyond a reasonable doubt based on the evidence. The defendant is not required to produce evidence of any kind. The defendant’s decision not to produce any evidence is not evidence of guilt.

 

Lawyers’ Comments Are Not Evidence

In their opening statements and closing arguments, the lawyers have talked to you about the law and the evidence. What the lawyers say is not evidence, but it may help you to understand the law and the evidence.

 

Stipulations

The lawyers are permitted to stipulate that certain facts exist. This means that both sides agree those facts exist and are part of the evidence. You are to treat a stipulation as any other evidence. You are free to accept or reject it, in whole or part, just as any other evidence.

 

Closing Instruction

The case will be submitted to you for decision. When you go to the jury room, you will choose a Foreperson. This person will preside over your deliberations.

 

Why Hire a Phoenix DUI Lawyer?

DUI cases are complex, but Phoenix DUI lawyers know how the courts run inside and out. A criminal defense attorney will help you negotiate a better plea deal for you. If you are facing a 2nd DUI in Arizona, the DUI prosecutor will typically be less lenient on you. Legal assistance from a criminal attorney can potentially help lower your fines and penalties.

I suggest that you discuss and then set your deliberation schedule. You are in charge of your schedule and may set and vary it by agreement and the court’s approval. After you have decided on a schedule, please advise the bailiff.

You are to discuss the case and deliberate only when all jurors are together in the jury room. You are not to discuss the case with each other or anyone else during breaks or recesses. The admonition I have given you during the trial remains in effect when all of you are not in the jury room deliberating.

After setting your schedule, I suggest you review the written jury instructions and verdict form(s). It may be helpful for you to discuss the instructions and verdict form(s) to ensure you understand them. Again, during your deliberations, you must follow the instructions and refer to them to answer any questions about applicable law, procedure, and definitions.

Should any of you, or the jury as a whole, have a question for me during your deliberations or wish to communicate with me on any other matter, please write it down. Your question or message must be communicated to me in writing and signed by you or the Foreperson.

I will consider your question or note and consult with counsel before answering it in writing. I will respond to it as quickly as possible.

During your deliberations, you must not communicate with or provide any information to anyone by any means about this case.

You may not use any electronic device or media, such as a telephone, cell phone, smartphone, or computer; the Internet, any internet service, or any text or instant messaging service; or any internet chat room, blog, website, or social media to communicate to anyone any information about this case or to conduct any research about this case until you are discharged.

Remember that you are not to tell anyone, including me, how you stand, numerically or otherwise, until after you have reached a verdict or have been discharged.

ARS §28-1381(A)(1)

Driving While Under the Influence

The crime of Driving While Under the Influence of Intoxicating Liquor, a violation of Section 28-1381(A)(1), Arizona Revised Statutes, requires the state to prove, beyond a reasonable doubt, that:

  1. Defendant drove or was in actual physical control of a vehicle in Phoenix, Arizona;
  2. The defendant was under the influence of intoxicating liquor at the time of driving or being in actual physical control of the vehicle;
  3. The defendant was impaired to the slightest degree because of being under the influence of intoxicating liquor.

ARS §28-1381(A)(2)

Alcohol Concentration of .08 or More

The crime of having an alcohol concentration of .08 or more within two hours of driving, a violation of Section 28-1381(A)(2), Arizona Revised Statutes, requires the state to prove, beyond a reasonable doubt, that:

  1. The Defendant drove a vehicle in Phoenix, Arizona; and
  2. The Defendant had an alcohol concentration of .08 or more within two hours of driving; and
  3. The alcohol concentration resulted from alcohol consumed before or while driving the vehicle.

Experienced DUI Lawyer

Presumptions

The statute in Arizona provides that it is unlawful for any person under the influence of intoxicating liquor to drive a vehicle within this state. The law further provides that, in any criminal prosecution, the amount of alcohol in the defendant’s blood or breath gives rise to the following presumptions:

  • If there was, within two hours of the time of driving, .05 or less alcohol concentration in the defendant’s blood or breath, it might be presumed that the defendant was not under the influence of intoxicating liquor;
  • If there was, within two hours of the time of driving, in excess of .05, but less than .08, the alcohol concentration in the defendant’s blood or breath, such fact shall not give rise to any presumption that the defendant was, or was not, under the influence of intoxicating liquor, but such fact may be considered, with other competent evidence, in determining the guilt or innocence of the defendant;
  • If there was, within two hours of driving time, .08 or more alcohol concentration in the defendant’s blood or breath. In that case, it might be presumed that the defendant was under the influence of intoxicating liquor.

The statute further provides that the foregoing provisions shall not be construed as limiting the introduction and consideration of any other competent evidence bearing upon whether or not the defendant was under the influence of intoxicating liquor.

You are instructed to look at all the facts in the case, and you may ignore the statutory presumptions even if the defendant produces no evidence to the contrary.

The presumptions are rebuttable and are to be considered by you, along with all the other evidence introduced, as to whether or not the accused was affected by the alcohol consumed. Even with the assistance of the presumption, the state must prove every element of the crime charged, beyond a reasonable doubt, before you may find the defendant guilty.

 

Contact an Arizona DUI Defense Lawyer

The trial process for a DUI in Arizona can be complicated and it is important to have an experienced attorney on your side. If you or a loved one has been charged with a DUI, do not plead guilty without first contacting the Arizona DUI Team.

We are a team of experienced DUI defense lawyers who will fight for your rights and work to get the best possible outcome in your case. Develop a client-attorney relationship with us and we will be there for you every step of the way.

Call us today at 602-932-7890 to schedule a free consultation.

54+ Five-Star Google Reviews

Allen Hsu, Attorney

“Mr. Divelbiss is a GREAT attorney, very honest and reliable. He takes his times with every client and answers all questions and concerns. It has been a pleasure working with Mr. Divelbiss and he serves his clients very well!”

grev dark

 

Areas Served

2999 N. 44th St. Suite 307, Phoenix, AZ 85018

8650 N. 35th Ave. Suite 110, Phoenix, AZ 85018

Areas Served

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2999 N. 44th St. Suite 307, Phoenix, AZ 85018

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8650 N. 35th Ave. Suite 110, Phoenix, AZ 85018

We do not handle cases outside of our listed service areas but we can refer them to our trusted colleagues who do handle those out of Maricopa County areas.

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54+ Five-Star Google Reviews

“Attorney Divelbiss is bright, hard-working, and well-versed in criminal law. His legal writing is superb, and his commitment to his clients is outstanding. He will fight for you and offer you the best defense possible. Additionally, he is a pleasure to work with. I fully endorse this lawyer.”


J.S.

54+ Five-Star Google Reviews

“I hired Zachary after I found myself charged with a felony. He put me at ease right away and during the whole process he explained each step to where I understood everything and was always available for any questions I had. ”


S.N.

54+ Five-Star Google Reviews

“Attorney Zachary is a brilliant attorney, I highly recommend his company to resolve any legal/criminal matter satisfactorily. He still continue to work on my case to tie some loose ends. He is intelligent , prompt and a problem solver. I thank him a million times to protect my dignity and reputation.”


D.G.

54+ Five-Star Google Reviews

“I have had the pleasure of working with Mr. Divelbiss in the past and know him to be a hard working professional. His attention to detail and care for his clients set him apart from the rest!”


Joshua Black, Attorney

54+ Five-Star Google Reviews

“Attorney Divelbiss is a hard worker and will advocate for his clients with an attention to detail that you don’t see very often these days.”


Brandon White, Attorney

54+ Five-Star Google Reviews

“Attorney Divelbiss is bright, hard-working, and well-versed in criminal law. His legal writing is superb, and his commitment to his clients is outstanding. He will fight for you and offer you the best defense possible. Additionally, he is a pleasure to work with. I fully endorse this lawyer.”


Josephine Hallam, Attorney

54+ Five-Star Google Reviews

“Mr. Divelbiss and I worked in the same office, although we were at different law firms. He was eager to learn and developed a reputation for honesty and zealous advocacy.”


Kristopher Califano, Attorney

54+ Five-Star Google Reviews

“Mr. Divelbiss is a GREAT attorney, very honest and reliable. He takes his times with every client and answers all questions and concerns. Is been a pleasure working with Mr. Divelbiss and he serves his clients very well!”


Allen Hsu, Attorney