All posts discussing DUI issues.
DUI Attorney Fee Agreements DUI Flat Fee Agreements DUI Flat fee agreements are most often used by lawyers. These are also known as “earned upon receipt” or “nonrefundable” agreements. These agreements must be in writing. The agreement must say the client can discharge the lawyer at any time and may be entitled to a refund… Read more
A day in jail for an Arizona Misdemeanor DUI must be at least 8 hours. 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. In Maricopa County a person could… Read more
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… Read more
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… Read more
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
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
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
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
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
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
