Defendant’s 2 Agg DUI convictions upheld but sentence reduced State v. Seantain Leroy Cook Seantain Leroy Cook appealed his 2 aggravated DUI convictions. The basis for the cases was driving with a suspended license in two separate DUI incidents in 2021. The DUIs were first charged as misdemeanors in a municipal court. Mr. Cook’s suspended…
Legal residents are now generally not deportable for one Arizona misdemeanor DUI conviction. Legal residents can be deported for one DUI if it involves Controlled Substances, and these substances include Marijuana and Prescription Medications, even if legally prescribed. Arizona Felony DUIs Arizona Felony DUIs may lead to deportation, particularly if the felony is for DUI…
Out of state drivers are subject to harsher DUI license penalties than Arizona drivers. Privilege & Immunities Clauses Driver-licensed residents of all states have a “Privilege” to drive in all other states. The “Privileges & Immunities” Clause (P & I) to the U.S. Constitution creates the “Privilege”. and in Arizona under the P & I…
The Arizona Department of Transportation (ADOT), Motor Vehicle Division (MVD), is required to notify customers in writing of actions taken against their Arizona driver license -OR- privilege to drive in Arizona (for those licensed in another State). Unfortunately understanding those notices is not always easy, even for professionals, and here we will help you figure…
A person convicted of a misdemeanor DUI has several post-convictions right which may mitigate the harshness of the sentence. These rights are separate from an appeal which is governed by other court rules. Several of the post-conviction rights are listed below. Right to Post-Conviction Relief If you were convicted for a criminal offense and…
Based on a recent change in MVD procedure, a DUI Admin Per Se (.08%) or Implied Consent (Refusal to Submit to Testing) Suspension now triggers a CDL disqualification even if there is no court conviction or even a DUI case filed. As of the date of this post (February 13, 2025) the Arizona MVD is…
A day in jail for an Arizona Misdemeanor DUI is supposed to be at least 8 hours but it may not. Years ago, 1 day meant 24 hours but the legislature changed it to say “1 day” and not “24 hours”. Depending on the county 1 day could be much less than 24 hours.…
Can I get a 90-day DUI license suspension if I have THC in my blood but I am not impaired? According to a recent Court of Appeals decision the answer is No in Arizona. Some states, such as Washington, have set per se limits (5 nanograms) on the amount THC (the active ingredient of Marijuana)…
If a defendant is found guilty of Arizona DUI and the court determines the defendant has been convicted of DUI within the past 7 years then the sentence is “enhanced” or made much harsher [28-1381.K]. The 7-year time period is between the dates of the commission of the DUIs, for example, a DUI committed on…
Accidents & DUI When an impaired driver is involved in a traffic accident one of their first reactions is a sense of guilt. Guilt is a very human emotion however acting in response to guilty is a bad idea because unanticipated consequences can be very serious for the driver, their family and even the victim.…
Gordon Thompson
DUI & Criminal Attorney
(602) 467-3680
