Posted by | Published May 3rd, 2021 | Posted in Blog, DUI | Tagged in: Tags:

Permitted Driving During a DUI Admin Per Se Suspension Expanded

Current Arizona Law, 28 A.R.S. § 1385.G, permits a driver whose Arizona driver’s license or privilege to drive is suspended during a first offense Admin Per Se suspension to drive during the last 60 days of the suspension person for travel between: The person’s place of employment and residence and during specified periods of time… Read more

Posted by | Published February 26th, 2021 | Posted in Blog | Tagged in: Tags:

2/26/21 Update for Wrong Way Driving Felony Bill, HB2296

HB2296 would modify 28 A.R.S. § 1383.A.5, Wrong Way Driving DUI Felony, which makes the section referring to all “highways” applicable to “Controlled Access Highways or State Highways.”  As previously posted, although the proposed changes would help limit the applicability of the statute to what the Legislature intended (but did not explicitly say) when they… Read more

Posted by | Published January 19th, 2021 | Posted in 2021 Arizona DUI & Criminal Law Legislative Proposals, Blog, DUI | Tagged in: Tags:

Bill to Modify DUI Wrong Way Felony Law

In 2018 the Arizona Legislature enacted a law, 28 A.R.S. § 1383.A.5, which made it a felony to drive the wrong way on a “highway” while under the influence.  The mandatory minimum sentence for this offense includes four months in the Arizona State Prison.  Under this law someone can be sentenced to State Prison for… Read more

Posted by | Published January 13th, 2021 | Posted in 2021 Arizona DUI & Criminal Law Legislative Proposals | Tagged in: Tags:

HB2027 Leaving the Scene of an Accident on Private Property

Current Arizona law, 28 A.R.S. § 661,  28 A.R.S. § 662, 28 A.R.S. § 663, 28 A.R.S. § 664 and 28 A.R.S. § 665 make it a crime for a driver to leave the scene of an injury or non-injury traffic accident without providing assistance to any injured party or failing to provide their name… Read more

Posted by | Published January 13th, 2021 | Posted in 2021 Arizona DUI & Criminal Law Legislative Proposals | Tagged in: Tags:

Arizona House Bill HB2013, interlock restricted licenses; violations; reporting

Current Arizona law, 28 A.R.S. § 1385.G, permits the Department of Transportation to administratively suspend the Arizona driver’s license or privilege to drive for 90 days of a person driving or in actual physical control of a vehicle with either an alcohol level of .08% or more or with controlled substances in their bodies.  If… Read more

Posted by | Published January 12th, 2021 | Posted in Blog, DUI, DUI Drugs | Tagged in: Tags:

Arizona DUI Marijuana Per Se House Bill HB1084

Representative John Kavanagh has introduced 2021 House Bill HB1084 which would establish a DUI Per Se limit of 2ng/ml. of THC in a driver’s body.  What this means is that if the bill becomes law, a driver would be guilty of DUI if they had 2 ng/ml/ of active THC in their body within 2… Read more

Posted by | Published December 21st, 2020 | Posted in Blog, DUI, DUI Drugs | Tagged in: Tags:

Prop 207, Arizona DUI and Marijuana

On November 30, 2020 Arizona Elections Proposition 207 (Prop 207), which legalizes the personal possession of Marijuana, took effect.  Prop 207 significantly changes the DUI laws for defendants who have Marijuana in their bodies. Arizona’s basic DUI law, 28 A.R.S. § 1381.A.1, makes it illegal to drive or be in actual physical control, “While under… Read more

Posted by | Published December 7th, 2020 | Posted in Blog, DUI | Tagged in: Tags:

Agg DUI Conviction Reversed When Breath Test Results Improperly Used at Trial

The Arizona Department of Public Safety has approved a breath testing device known as an Intoxilyzer 8000 for use to test the alcohol levels of persons arrested for DUI. The State Legislature has made it very easy for a prosecutor to have Intoxilyzer 8000 breath test results admitted into evidence in a DUI trial without… Read more

Posted by | Published December 3rd, 2020 | Posted in Blog, DUI | Tagged in: Tags:

Arizona DUI & MVD Points Suspensions

  Arizona law authorizes the Department of Transportation Motor Vehicle Division (MVD) to take action against a driver’s license or privilege to drive if they have frequent traffic violations (28 A.R.S. § 3306.A.3). Various traffic violations lead to the assessment of points, for example, DUI is an 8-point assessment and Speeding a 3-point assessment (17… Read more

Posted by | Published November 25th, 2020 | Posted in Blog, DUI | Tagged in: Tags:

2020 Arizona Holiday DUI Enforcement Program to Begin

Each Holiday Season weekend in 2020, police departments in Maricopa County will conduct DUI saturation patrol programs for DUI enforcement. The 2020 program will start on Wednesday November 25, 2020 and will run each weekend through December 31, 2020. Officers from several police departments around the Valley will conduct coordinated patrols in certain areas, which… Read more