Arizona DUI
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…
How can I avoid jail time for a DUI? All Arizona Misdemeanor DUI charges mandate jail time. A 1st offense Regular DUI requires 1 day and 2nd offense .20% Extreme, 180 days. A day in jail must be at least 8 hours. A judge cannot waive the jail time. There are 3 ways to avoid…
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…
Arizona DUI Penalties & Arizona DUI Sentencing Laws for Misdemeanor DUIs may be the harshest in the country. Arizona DUI Penalties & Arizona DUI Sentencing Laws Arizona DUI Sentencing Law – Maximums For All Misdemeanor DUIs For all Arizona Misdemeanor DUI offenses the maximum possible sentence is: a.) Alcohol Abuse Screening and any treatment/counseling ordered…
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…
On July 22, 2020, the Maricopa County Board of Supervisors approved a home detention program for defendants who are sentenced to jail on cases prosecuted in the Maricopa County Justice Courts. Under Arizona law a defendant may serve a misdemeanor DUI sentence on home detention or with continuous alcohol monitoring instead of jail if the…
Over the course of more than three decades as a criminal defense attorney, I have made it my business to learn and anticipate possible issues and problems that people facing criminal charges, and particularly DUI charges, might have. This is certainly true during the case, but I believe it is my duty also to help…
Under current Arizona law (as of 7/6/18) in addition to other MVD licensing sanctions, a driver found guilty of an Arizona DUI is subject to discretionary driver improvement actions imposed by the MVD. The current practice of the MVD is to impose discretionary actions based on the points assessment system. DUI is an 8-point…