DUI
All posts discussing DUI issues.
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.…
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.…
In 2020 Arizona voters approved Proposition 207 which legalized marijuana use for those 21 years or older and decriminalized most uses by those under 21 years. Proposition 207 said no drivers can be guilty of the crime of DUI for having THC in their body, unless the THC is impairing the user. Proposition 207 did…
Electric Scooters are now a common sight in Arizona city streets. Thousands of Arizonans use scooters every day to get around without having to use a car. Can I get a DUI on an electric scooter. The answer is NO, except POSSIBLY in Scottdale. Arizona State DUI laws in the he Arizona Revised Statutes, Title…
In 2020 Arizona Voters approved Proposition 207 which legalized Marijuana use for adults and in most situations decriminalized use by those under 21 years. There are two ways someone can be guilty of misdemeanor DUI with drugs. First, under A.R.S. 28-1381.A.1, by being impaired to the slightest degree. Second, under 28-1381.A.3 by having within their…
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…
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…
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…
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…