Cochise County Attorney Who Threatened and Opposed County Supervisors on Hand Counting Ballots and Certifying Election Arrested for ‘Super Extreme’ DUI

Cochise County Attorney Brian McIntyre was arrested early in the morning on January 28 for a “super extreme” DUI. McIntyre, who became nationally known for feuding with the Cochise County Supervisors over their efforts to conduct a hand count of ballots during the 2022 midterm election and their vote to reject certifying the results, tested at .21 Blood Alcohol Content (BAC), more than twice the legal limit.

McIntyre provided a statement through the Sierra Vista Police Department.

“For 18 years I have done my best to ensure that choices have consequences,” McIntyre stated. “My choices will also have consequences and the matters will be handled by an outside prosecution entity and most likely an out-of-county judge.

“As disappointed as I am in myself, it is the looks of disappointment from the professionals who had to do their duty last evening due to my choices that will live with me the longest,” McIntyre added. “No one is above the law, including me.”

The police released bodycam video footage of the arrest. According to the police report, Sierra Vista Police Officer Allan Clark spotted McIntyre’s white Cadillac driving 38 mph in a 45 mph zone about 2:10 a.m. on January 28. Clark said he observed the vehicle veer into the lane marker, make a wide turn, and noted that the driver appeared to be avoiding him. He turned on his emergency lights and stopped McIntyre. McIntyre told him he was giving a woman passenger a ride home. McIntyre slurred his words in the video. He agreed to take field sobriety tests, where he swayed back and forth.

Clark gave McIntyre a Breathalyzer test, which can be seen in the video showing up at .20 BAC. He tells him he is under arrest and takes him in his patrol car to the police station. McIntyre breathed into an Intoxilyzer 8000 twice at the station for BAC results of .207 and .210.

In Arizona, a BAC of .20 or higher while driving is considered a super extreme DUI. It is a class 1 misdemeanor carrying 45 days of jail time, a 90-day license suspension, about $2,750 in fines, an ignition interlock device (IID) for one year, traffic school, alcohol screening, education, and/or treatment. An extreme DUI is a BAC of .15 or higher, and a regular DUI is .08 BAC or impaired to the slightest degree.

During the traffic stop, an officer can be seen holding a firearm she retrieved from McIntyre’s vehicle. The police officers discuss whether they should lock the weapon up at the police station, which is usually standard procedure when law enforcement encounters a drunk driver, or leave it in the trunk of McIntyre’s vehicle. They left it in his trunk.

McIntyre issued another statement on February 6 declaring that he would not resign.

The statement said in part, “The misdemeanor charge pending against me does not present a legal impediment to my remaining the Cochise County Attorney. The question I struggled with personally was whether it presented a moral impediment. After consulting with my team, my external support group, and receiving substantial input both positive and negative from the community, I have determined that I will remain in office to carry out the duties I was elected to perform.”

Despite McIntyre’s determination to remain in office, a super DUI carries a minimum of 45 days in jail. The defendant is not eligible for probation or suspension of sentence until the 45 days has been served consecutively.

State bars frequently disbar attorneys convicted of DUIs, due to being a “crime of moral turpitude.” Under state law, McIntyre must be a member of good standing with the State Bar of Arizona in order to serve as county attorney.

David Morgan, a journalist and publisher of the Cochise County Record, provided The Arizona Sun Times with a photo from mid-2022 of McIntyre’s Cadillac parked by a bar (pictured above). He said, “His Cadillac was parked frequently near the rear door of Pockets Pool & Pub in Tucson.”

When the Cochise County Supervisors voted to conduct a hand count during the 2022 general election, McIntyre told them he refused to represent them as their counsel if they were sued or prosecuted, saying they would be personally liable.

After the Cochise County Supervisors voted not to certify the election, citing the irregularities that occurred, McIntyre threatened to prosecute them.

Last March, Attorney General Brnovich asked McIntyre to conduct a felony criminal investigation of then-Secretary of State Katie Hobbs. Hobbs had taken the entire electronic system used to collect online signatures for political candidates offline, making it very difficult for candidates to collect enough signatures in time to make the ballot. Nothing ever came of the investigation.

No officials have called for McIntyre to resign. His next scheduled court appearance is February 16. The Sierra Vista Police Department did not respond to a request for comment on whether it was standard practice to allow DUI suspects the option of leaving their weapons in their vehicles by the time this went to publication.

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Rachel Alexander is a reporter at The Arizona Sun Times and The Star News Network. Follow Rachel on Twitter. Email tips to [email protected].
Photo “White Cadillac” by David Morgan.