ARS 28-1381(A1) DUI Impaired to the Slightest Degree – Not Guilty

Mark and his wife were threatened by some punks outside the bar as they were leaving. The bouncers at the bar ignored the situation. Mark was assaulted but was able to pull away. Mark and his wife got in their car and drove a couple miles away until they felt safe.  When the police arrived they confirmed the assault but also arrested Mark for DUI after smelling alcohol on his breath. Burges took the case to the jury and showed them how the police conducted a whole assault investigation without suspecting Mark of being impaired.  The jury agreed and acquitted Mark on the charge. Unfortunately, the Scottsdale police never charged the men that assaulted Mark.