/ Modified feb 6, 2023 6:10 p.m.

Cochise County Attorney will not step down after super extreme DUI

Brian McIntyre said chief deputy attorneys will fill in during his incarceration

cochise county seal The seal of Cochise County.

Cochise County Attorney Brian McIntyre announced in a written statement Monday afternoon that he will not resign from his position following his arrest with a super extreme DUI on January 28.

“The misdemeanor charge pending against me does not present a legal impediment to my remaining the Cochise County Attorney,” said McIntyre, who has served as the county attorney for eight years. “The question I struggled with personally was whether it presented a moral impediment.”

Since he has chosen to not resign, McIntyre will remain in office for now. McIntyre said that in his absence to serve his time, the Chief Criminal Deputy Attorney Lori Zucco and Chief Civil Deputy Attorney Christine Roberts will tend to the day to day operations of the office.

If McIntyre had chosen to resign instead, Cochise County Board of Supervisors would appoint a replacement.

“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,” he said.

“My resignation would result in an appointment process determined exclusively by the Board of Supervisors and leave complete uncertainty as to the future policies, goals, and objectives of this office,” he continued. “I respect and acknowledge the substantial criticism this decision may bring. I also appreciate the support I have received thus far from the community.”

Upon his arrest, McIntyre had a blood-alcohol content of 0.210, which is more than twice the legal limit of 0.08.

He was arrested by the Sierra Vista Police Department without incident and cited with a Super Extreme DUI.

SVPD Sgt. Tim Wachtel said in an email that this is McIntyre’s first DUI offense. According to the Arizona Department of Transportation, first time extreme DUI offenses require a minimum of 30 days incarceration and a fine of $2,500.

The police report shows that McIntyre attempted to avoid the officer before eventually pulling into the apartment complex of Casa Antigua apartments located at 2299 Oakmont Dr. in Sierra Vista.

“I’m disappointed,” SVPD officer Paul Clark said on the body camera footage of the incident. McIntyre responded “I am as well.”

The report shows that McIntyre did not answer questions as to why he was drinking and driving and he instead responded by shaking his head and saying that the female passenger in the car with him needed a ride home.

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