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Can i get my DUI case which was ruled on a year ago thrown out ?

Phoenix, AZ |

state of Arizona supreme court had ruled that the police at that time had to have a warrant to draw blood unless it was drawn with the permission of the defendant . My court appointed attorney was supposed to present this to the judge and get my blood work thrown out because they did not have my consent . After having four attorneys replaced by the state for one reason or another the attorney I finally end up with tells me he had presented it to the judge and he had thrown it out . So he then tells me I have no choice but to take their plea bargain which I did . After it was all said and done I have another attorney pull court / case file to find that the court appointed attorney had lied and never sent that to the judge . Can I not do anything about this ? The entire case was blood work .

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I'd be interested in knowing your blood alcohol level and what you actually pled to. If you pled to the A(1) impairment charge, then the BAC level isn't really an issue because impairment can be shown by officer's observations, performance on field sobriety tests, and other evidence. If you pled guilty to an extreme or super extreme, then BAC is definitely an issue.

Attorney David Kephart is an experienced Criminal Defense Trial Attorney and Jury Consultant. He is the recipient of the Arizona Attorneys for Criminal Justice President's Award and the recipient of the International Academy of Trial Lawyers Commendation for Excellence in Trial Advocacy. His response to your question is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship, and does not create a right to continuing email exchanges.


Possibly, you need to talk to a local criminal attorney in your area to see what recourse if any you would have. There are usually set deadlines to file so act quickly.

Robert Driessen

Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at


Assuming you are still within the time limits, you should look at filing a Rule 32 petition for post conviction relief. The court may appoint an attorney to represent you for the Rule 32, if you are within the time limits.


You are already talking with an attorney, I think you should present the question that attorney.



That of course was done. Don't believe i would have wasted my time asking the question if i had not already tried that route. I'm sure your a great attorney. Court appointed ? Wouldn't surprise me



Why a bankruptcy/debt attorney is answering a Dui question, I haven't the slightest clue. You should stick to the bankruptcy/debt questions.


It sounds like you have two issues. The first relates to your criminal case. It sounds like you have an attorney working on that. Good luck.

The second issue relates to what your last court-appointed attorney told you he did, but you believe he did not do. On this issue, you could the State Bar of Arizona and file a complaint against your court appointed attorney(s), but that will not do anything to change the outcome of your criminal case. Your disappointment and concerns will be hard and the Bar may or may not take action against your prior attorney(s), but this won't help in your current criminal case.

Again, good luck.

NOTE: This information is offered for general purposes only and does not constitute legal advice about a specific legal problem. Neither the person asking the question nor any other readers should rely on the information as legal advice about their problem(s). This information is not attorney-client privileged and receipt of it does not create an attorney-client relationship.

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