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  • Being arrested for DUI but not immediately charged is relatively common.  The several reasons why someone may be arrested for DUI but not charged. Arrested for DUI But Not Charged Arrested For DUI- No Blood Test Results Some police departments do not issue citations when the only chemical test is a blood test. Those departments…

  • Arizona MVD has been plagued by wide-scale errors for the last several years since the Department migrated to a new computer system.  The latest problem as reported by ABC15.com for Arizona drivers are notices titled “Action Required Insurance Suspension”, in many cases sent out in error to people who are in fact lawfully insured.  The…

  • Arizona Marijuana DUI trials have become battles over the science of THC and impairment.   In 2020 Arizona ballot Proposition 207 dramatically changed the issue for Marijuana DUI trials. Under the old law if the defendant had active THC within their body (usually proven through blood testing), they were guilty as a matter of law…

  • School zones present traffic safety hazards for a number of reasons. Not only are there a greater number of pedestrians around a school zone, but many of them are young children. School-age children are still learning traffic safety rules, and anyone who is learning a new skill is likely to make some mistakes from time…

  • As a part of the Smart and Safe Arizona Act (which allows the legalization, taxation and recreational use of cannabis for adults 21 and over) which was passed by Arizona voters in 2020, effective July 12, 2021 many people will be eligible to have convictions for marijuana-related offenses expunged. Expungement in this instance means, as…

  • In 2018 the Arizona Legislature enacted a new DUI felony which made it a Class 4 Felony to drive the wrong way on a “highway” while in violation of Arizona’s DUI laws. The mandatory minimum sentence includes 4 months in the Arizona State Prison, which in no way can be waived.  The reason offered by…

  • 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…

  • 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…

  • 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…

  • 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…