Marital Privilege and DUI Cases

Posted by Raymond Kimble | Dec 19, 2018 | 0 Comments

The Arizona Marital Privilege Statute

Under Arizona Law, specifically A.R.S.13-4062,  a spouse cannot testify against their husband or wife without their consent as to events or communications between them which occurred during their marriage.  Exceptions to this rule exist in criminal actions or proceedings for crimes committed by the husband against the wife, or by the wife against the husband and in  criminal actions or proceeding against the husband for abandonment, failure to support or provide for, or failure or neglect to furnish the necessities of life to the wife or the minor children. 

The Marital Privilege As Applied to Arizona DUI Prosecutions

Recently, the Arizona Supreme Court addressed the issue of one spouse being forced to testify against the other in a DUI prosecution.  The case involved a person who was arrested for damaging her husband's property and for DUI.  The defendant sought to prevent her husband from being forced to testify against her with respect to any alleged drinking, driving and DUI.

Our State Supreme Court recognized that husbands and wives can generally prevent their spouses from testifying against them in criminal prosecutions except under certain circumstances.  One of those exceptions exist in situations where the testifying spouse is actually the victim of the crime for which the other is being prosecuted.  In this case, the court held that the marital privilege did not apply because the criminal damage offense and the DUI occurred within one continuing incident.  Consequently, the victim spouse was required to testify concerning the entire incident, including the criminal damage offense and the DUI charge.

Given this decision, it appears that a spouse can be prevented under the Marital Privilege statute from being forced to testify against their husband or wife in DUI cases if a DUI offense is the only crime which is being prosecuted.  In this situation, spouses can be precluded from testifying about their husband or wife's drinking, driving behavior, statements, performance on field sobriety tests, etc. 

CALL (480) 833-8613 TO GET HELP NOW

If you, a family member or friend has been arrested for a DUI offense in Arizona, it is important that you immediately begin working with a qualified DUI attorney who can effectively represent you in the court of law and take necessary steps to protect your driver's license. Attorney Raymond Kimble is a former police officer, DUI and felony prosecutor and has represented thousands of people charged with DUI in Tempe, Mesa, Gilbert, Scottsdale, Phoenix and other cities throughout Maricopa and Pinal Counties over the last twenty years. Ray Kimble  will have a clear understanding of all the circumstances in your case, along with the knowledge, skill and experience to protect your drivers license and achieve the best possible outcome for you.

About the Author

Raymond Kimble

About Raymond Kimble Attorney Raymond Kimble has built his law practice on the philosophy that each client deserves consistent individual attention. Ray realizes that being charged with a DUI or criminal offense is one of the most stressful events in a person's life. A DUI, felony or misdemeanor arrest can involve prison or jail time, probation, huge fines and a criminal record. Consequently, people who face DUI, felony or misdemeanor charges in Arizona are placed at risk of losing employment or being barred from future job opportunities. Ray works to lessen his client's anxiety by ensuring that they have direct access to him at all times and can reach him by e-mail, cell phone or text during normal business hours as well as nights or weekends if they have a pressing question or concern. Raymond Kimble is a dedicated DUI and criminal defense lawyer who has built a reputation of working tirelessly to protect his client's constitutional rights, their future and liberty. Ray strives to provide the strongest defense possible for each client despite the obstacles they may face. Put Experience to Work for You Raymond Kimble's twenty years of experience with respect to DUI, misdemeanor and felony criminal charges extends well beyond law school where he graduated within the top ten percent of his class. Ray was a police officer for ten years prior to becoming an attorney. As a police officer, Ray was trained in both DUI and criminal investigation and his personal involvement in criminal cases while a police officer certainly gives him a unique perspective when reviewing police reports, interviewing witnesses and challenging physical evidence. Ray often identifies legal issues or mistakes made by police during an investigation through his own personal experience as a patrol officer. In addition to his police experience, Raymond Kimble worked as a prosecutor with the Maricopa County Attorney's Office where he was responsible for prosecuting DUI, felony and misdemeanor crimes. During his tenure as a prosecutor, Ray conducted a number of jury trials and hearings related to the admissibility of evidence. Through his involvement with these cases as a prosecutor, Ray learned how to properly evaluate the strength and weaknesses of a DUI, misdemeanor or felony charge and became skilled in jury selection, argument, and the direct and cross examination of both civilian witnesses, experts and police officers. Of course, Raymond Kimble's expertise extends beyond his experience as a police officer and prosecutor. Specifically, Ray has successfully represented thousands of people during the last fifteen years throughout Maricopa County, Arizona. To best serve his Clients, Raymond remains current on changes in the law as well as police tactics by regularly attending seminars focused on defending criminal charges and reading the latest articles and books related to DUI and criminal defense. Ray also regularly writes criminal defense blogs and posts so that people faced with a criminal charge are better informed about their rights.


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