The drunk driving arrest of Cochise County Attorney Brian McIntyre last month made headlines across the state when it was revealed he had a blood alcohol content (BAC) of .210 within one hour of his arrest.
Now, the plea deal McIntyre just accepted is drawing attention to the confusion that surrounds Driving Under the Influence (DUI) prosecutions in Arizona. But one of the most prolific DUI attorneys in southern Arizona says she sees “no signs of differential treatment or favoritism” with how McIntyre’s case was resolved.
“The plea deal is not at all uncommon for a first-time DUI arrest in Cochise County,” Adele Drumlevitch told Arizona Daily Independent. “They don’t care who you are, whether you’re a ‘better person’ or if you may lose your job. It would have been unfair to treat Brian worse than another defendant.”
Drumlevitch, known locally as “The DUI Lawyer,” explained that while some DUI offenses are charged as felonies, the vast majority are filed as misdemeanors. Which is what happened after a Sierra Vista police officer witnessed several traffic violations and pulled over a vehicle driven by McIntyre around 2:15 a.m. Jan. 28.
A preliminary test at the scene showed McIntyre, 50, had an estimated .20 BAC, which gave the officer probable cause to arrest McIntyre and tow his vehicle for a mandatory 20-day impound. Two breathalyzer tests administered at the police station a short time later recorded even higher BAC levels.
This led to McIntyre being cited for four Class 1 misdemeanors – DUI to the slightest degree, DUI with BAC of at least .08, Extreme DUI with BAC of at least .15, and Super Extreme DUI with BAC of at least .20.
A conviction for Super Extreme DUI carries a 45-day jail term although a judge may suspend 31 days, while an Extreme DUI carries a 30-day term, of which 21 days may be suspended.
McIntyre showed up Feb. 16 in a Sierra Vista courtroom for the first hearing since his arrest. A special prosecutor brought in from Graham County quickly informed
the justice of the peace that three of the charges -including the Super Extreme DUI and Extreme DUI- were being dismissed as part of a negotiated plea deal.
The remaining charge comes with a statutory sentence of 10 days in jail, of which 9 days are suspended assuming McIntyre completes community service, pays fines and fees, participates in alcohol screening and treatment, and installs a special device that will prevent his vehicle from operating if a high BAC is detected.
Drumlevitch has represented thousands of misdemeanor DUI clients in the last 25 years, many of whom were initially charged for having high BAC levels. Only a small number of those cases ended up with a conviction in Cochise County for Extreme or Super Extreme if a first time offender was involved.
In fact, plea deal are so commonly utilized that Drumlevitch says none of her DUI cases went to trial in 2022. She says prosecutors often point to the public benefits that come with a plea deal, such as ensuring the driver gets treatment. There is also no need to have an officer taken off patrol to sit in a courthouse all day during a trial.
But a quick resolution also ensures defense attorneys will not need to challenge the legality of an officer’s traffic stop, or how the field sobriety tests were conducted, nor even the administration of breathalyzer or blood tests. And plea deals avoid the expensive need for state crime lab tests when a blood sample is drawn, as was done with McIntyre’s arrest.
Drumlevitch also noted the benefits from the defendant’s perspective of quickly accepting a plea deal. This can include retaining employment, reducing legal costs and fines, and preventing a number of other negative domino effects.
“The focus with a first-time DUI should be on behavior modification and taking advantage of the required treatment and counseling to prevent a repeat of driving while under the influence,” she explained.
Drumlevitch and several other attorneys also push back on allegations that McIntyre somehow received preferential handling by not being booked into the Cochise County jail after his arrest.
They say the “cite and release” process utilized by the officer is the same one used with the majority of their non-high profile clients.
“There’s absolutely nothing questionable about allowing the person to go home after being arrested for a misdemeanor if there’s no other charges or issues involved,” Drumlevitch said.
McIntyre is currently slated to serve his 1 day sentence on Feb. 27 at the Cochise County jail, where dozens of criminal defendants currently being prosecuted by his office are held. The jail is to release McIntyre after 8 hours in compliance with state law.
In a recent press release, McIntyre said he saw no need to resign from his elected position, which has a $123,678 annual salary set by the Arizona Legislature.
MORE ABOUT MCINTYRE:
Records Show How Police Press Release Came To Feature High Profile Defendant’s Public Statement