#DUI
DUI case studies provide practical insight into how particular DUI cases are resolved. These case studies are for misdemeanor DUI cases only. Felonies are far different and are not discussed in the case studies. Real Life Situations These DUI case studies are important because they are real-life situations. The studies not just hypothetical possibilities.…
Arizona Wrong Way DUI Law In 2018 the Legislature added a new felony DUI offense, 28 A.R.S.§ 1383.A.5, Driving the Wrong Way on a Highway While Impaired. The mandatory minimum sentence includes 4 months in State Prison. If an impaired driver is driving the right way the minimum penalty could be 1 day. If the…
Legal residents are now generally not deportable for one Arizona misdemeanor DUI conviction. Legal residents can be deported for one DUI if it involves Controlled Substances, and these substances include Marijuana and Prescription Medications, even if legally prescribed. Arizona Felony DUIs Arizona Felony DUIs may lead to deportation, particularly if the felony is for DUI…
Out of state drivers are subject to harsher DUI license penalties than Arizona drivers. Privilege & Immunities Clauses Driver-licensed residents of all states have a “Privilege” to drive in all other states. The “Privileges & Immunities” Clause (P & I) to the U.S. Constitution creates the “Privilege”. and in Arizona under the P & I…
The Arizona Department of Transportation (ADOT), Motor Vehicle Division (MVD), is required to notify customers in writing of actions taken against their Arizona driver license -OR- privilege to drive in Arizona (for those licensed in another State). Unfortunately understanding those notices is not always easy, even for professionals, and here we will help you figure…
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.…
If a defendant is found guilty of Arizona DUI and the court determines the defendant has been convicted of DUI within the past 7 years then the sentence is “enhanced” or made much harsher [28-1381.K]. The 7-year time period is between the dates of the commission of the DUIs, for example, a DUI committed on…
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…
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…
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…