A public records request revealed that Cochise County Attorney Brian McIntyre had a BAC level from a blood test higher than he originally blew on a breathalyzer the night he was arrested for drunk driving. McIntyre agreed to a plea deal, which was reported in the media as an Extreme DUI, but the plea agreement, which The Cochise County Record obtained, reveals he pleaded guilty to a regular DUI.
The plea agreement, which was signed by McIntyre (pictured above) and accepted by the court on February 16, 2023, cited the lowest level of a DUI, A.R.S. 28-1381, which is a class 1 misdemeanor.
McIntyre was arrested the night of January 28, 2023, and given a breathalyzer test, which revealed a .210 BAC. Above a .20 is a Super Extreme DUI, but McIntyre was only charged with Extreme DUI and regular DUI. The blood work report from the Sierra Vista Police Department, which was received on February 21, 2023, and obtained by The Record recently, revealed a BAC of .225.
The Herald/Review reported after the DUI arrest that McIntyre was “trying to avoid the officer who rolled up behind him.” Citing the police report, the paper said McIntyre “refused to answer questions on an alcohol influence report at the Sierra Vista Police Department.” McIntyre was not charged with any crimes related to evading or failure to cooperate with the police.
The Arizona Daily Independent reported that the press release from the police department did not contain McIntyre’s mugshot and it contained a quote from McIntyre apologizing. Journalist Terri Jo Neff said, “[T]he decisions — particularly the one allowing a criminal defendant to use city resources to perform public damage control following his arrest — continues to make waves within the community as well as across Cochise County.”
Sierra Vista Police Chief Adam Thrasher told the Herald/Review that McIntyre’s teaching position at the Southeast Arizona Law Enforcement Training Academy at Cochise College would be suspended. The terms of the agreement include a year of probation, a day in jail, and the installation of an ignition interlock device. It did not specify how long his driver’s license would be suspended.
An Arizona resident filed a bar complaint with the State Bar of Arizona against McIntyre over the DUI since other prosecutors around the country who received DUIs have been disciplined by state bars. Bar counsel responded, “This conduct has already been brought to the attention of the State Bar of Arizona and our office has investigated the matter.” The complainant asked the counsel for the investigation results, but has not received a response. There is no discipline listed for McIntyre on the Arizona Bar’s website.
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 supervisors voted not to certify the election, citing the irregularities that occurred, McIntyre threatened to prosecute them. Attorney General Kris Mayes is now prosecuting two of them for delaying certification for three days.
State Representative Alexander Kolodin (R-Scottsdale) and Pima County Supervisor Ally Miller filed a bar complaint against McIntyre last month, alleging that he violated attorney-client privilege when informing opposing attorneys of the county’s intention to hand count some of its 2022 election ballots.
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Rachel Alexander is a reporter at The Arizona Sun Times and The Star News Network. Follow Rachel on Twitter / X. Email tips to [email protected].
Photo “Brian McIntyre” by Brian McIntyre.
