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GUTHRIE v. JONES

No. 1 CA-SA 01-0312.

43 P.3d 601 (2002)

202 Ariz. 273

Michael Floyd GUTHRIE, Petitioner, v. The Honorable Michael D. JONES, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, State of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 1, Department B.

April 4, 2002.

Attorney(s) appearing for the Case

Law Offices of Weingart & Penrod By Jeremy L. Phillips, Tempe, Attorneys for Petitioner.

Geraldine Mattern, Tempe City Prosecutor By Robert Hubbard, Assistant City Prosecutor, Tempe, Attorneys for Real Party in Interest.

OPINION

FIDEL, Judge.

¶ 1 In order to support a charge of "traditional DUI," the State must prove that a defendant was driving or in physical control of a vehicle "[w]hile under the influence of intoxicating liquor." See A.R.S. § 28-1381(A)(1) (1998). In contrast, to support a charge of "per se DUI," the State need not prove that the defendant was under the influence while driving or controlling...

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