Turner

FACTS AND PROCEDURAL HISTORY

In August 2001, Turner was convicted of driving under the influence of alcohol with a blood alcohol content of 0.08 percent or higher in violation of Vehicle Code section 23152, subdivision (b).1 Nearly ten years later, he was arrested in Arizona and charged with (1) “DUI – Slightest Degree” in violation of Arizona Revised Statutes section 28-1381, subdivision (A)(1); (2) “DUI – Over .08” in violation of Arizona Revised Statutes section 28-1381, subdivision (A)(2); and (3) “Extreme DUI” in violation of Arizona Revised Statutes section 28-1382, subdivision (A)(1).

All statutory references are to the Vehicle Code unless otherwise stated.

2 In June 2011, Turner entered into a plea agreement with the Arizona prosecutor in which he pleaded guilty to the second count in exchange for dismissal of the remaining counts. Specifically, Turner signed a plea agreement pleading guilty to “DRIVING UNDER THE INFLUENCE OF ALCOHOL, in violation of A.R.S. §28-1381(A)(2), a class 1 misdemeanor . . . .” Based on the plea agreement, the Arizona Justice Court entered judgment against Turner for “Driving Under the Influence of Alcohol w/bac .08 Or Greater, A.R.S. §…