DUI

All posts discussing DUI issues.

DUI Flat Fee Agreements | What Should I Look For?

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

Arrested for DUI | Why Not Charged?

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

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

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

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

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