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Where were you arrested? A DUI is a state offense, but each jurisdiction handles them slightly differently.

Ask the AZ DUI Attorney Blog

Refusing to Take the BAC Test at a DUI Stop in Arizona

The blood alcohol concentration (BAC) test is a topic that has always sparked a lot of interest anytime it comes up within a legal context. In Arizona, if you, or someone you know, is pulled over by the police and they believe you were driving under influence of alcohol - can you (and should you) refuse to submit to a breathalyzer, blood or urine test?

One reason this particular question always seems to stir up conversation is because the laws regarding your requirement to submit to an official BAC test can differ a great deal from state to state, so generalized information is not very helpful and can muddy the issue considerably. It is important for you to understand the laws regarding BAC submittal for the state that you actually live. So - how does Arizona handle these situations?

How to Pick up Someone's Property or Money from Jail

Thumbnail image for mobile-phone-money-banknotes-us-dollars-163069 (2).jpegInmates who are booked into the Maricopa County jail may release their property to anyone they choose. An inmate can choose to release the property to a specific person or to anyone who comes down and specifically requests it. Inmates must release all of their property when requesting a property release. It is not possible to release only selected items. The inmate will choose where the property is released. This will usually occur at either 4th Avenue Jail or Lower Buckeye Jail.

The person picking up the property will need to provide a valid government issued picture identification card (ID), such as a Motor Vehicles Department (MVD) identification card/driver's license that is current and valid. An Immigration card (work visa card, or resident alien card) presented with a MVD card is acceptable. Picture ID's made at swap meets, or store ID cards like Sam's Club are not valid ID's.

When you are charged with super extreme DUI

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The State of Arizona is serious about drunk driving. It is by far the most harsh state when it comes to sentencing if someone is convicted of a DUI. Its DUI laws cover every type and degree of offense. There is one set of penalties for first offense DUI's, another set for aggravated/ felony DUI, and yet another level for people charged with multiple DUI offenses.

Some DUI crimes are defined by how much you have been drinking. The first is extreme DUI, for people with blood alcohol levels nearly twice as high as the 0.08 percent threshold for drunk driving - a.015 percent or higher BAC.

Then there is super extreme DUI. This charge is reserved for individuals whose BAC tests at 0.20 or higher. The mandatory penalty's for a super extreme are intense even if no one was injured by the driver ... even if no damage to any vehicle or other object occurred.

Arizona DUI: 'Did I tell the police too much?'

tell the police-T.JPGMany people become despondent when they go home after an AZ DUI arrest and start googling. The overwhelming majority of people arrested for a DUI have never been in trouble before, and officers often use that naiveté to their advantage and get people to say and do things during the investigation that they later regret.

As an experienced DUI lawyer, I've seen this happen countless times.

Usually, the things said and done aren't that important. Sure, it changes how we represent our clients, or what things we highlight or downplay; but the things that are said and done aren't usually fatal.

The larger problem

A significantly bigger problem that I see is the paralysis that speaking too freely directly causes. Many people become frustrated with themselves because of their over-participation, and like an ostrich they bury their head in the ground instead of seeking help right away.

DUI Charge Due to Caffeine?

A Northern California man is going through a nightmare as he is being charged with DUI for having only caffeine in his system. They've tested his blood multiple times and the only substance that they can find is caffeine. The State is aware of this and has insisted that they intend to continue their prosecution. 

No Legal Basis for Zero-Tolerance Safety Corridor

Arizona is at it again. This time, government intrusion is taking the form of what are known as safety corridors. 63 miles of freeway in AZ are getting this designation with officers promising to pull anyone over for any minor traffic violation including going even 1 mile over the posted speed limit.
The speeding statutes in Arizona recognize that speeds naturally fluctuate on busy streets. That is why ARS 28-701 reads in relevant part that "A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the circumstances". Notice that that the statute doesn't say, "A person shall not exceed the posted speed". The posted speed is guidance in Arizona and a Judge could find that a person exceeding the maximum speed is going a speed that is greater than reasonable and prudent. 

5 Reasons teenagers have a higher risk for DUI accidents

Being a teenager comes with a lot of new responsibilities, life lessons and getting a feel for how the real world works. Grasping reality and the serious consequences of certain actions is difficult because most teenagers are still living at home under the rules of their parent(s) or guardian(s) and don't understand the real-life battle that comes with facing a serious offense. How can they understand the effects a DUI can have on their future when they're only just beginning to grow into their adult self?

A bizarre DUI arrest shows how wildly accounts can differ

A recent Utah case illustrates how confounding DUI arrests can be.

A woman driver was rear-ended at an intersection by a car going 30 mph. Her car was totaled. She called 911 for help. But when police arrived on the scene, she was tested for alcohol, body-searched, cuffed and arrested.

Two different, honest points of view

From the woman's point of view, the arrest was insult added to injury. She had not been drinking, so the test was a false positive. She felt violated by the search, which included a male officer placing hands on her breasts. Then, to be charged with a crime - it was all too much.


DUI blood draw case before Arizona Supreme Court

Recently, an appeal of a DUI case was heard by the Arizona Supreme Court. The court is being asked to decide if a blood draw from an individual suspected of drunk driving was constitutional under the Fourth Amendment. The decision, which will come at a later point in time, could have a significant impact upon DUI arrests and procedures in Arizona.

Lack of clarity in many marijuana DUI laws

A heavy price tag could come along with the freedom of using recreational marijuana. In November the residents of Arizona will be asked to vote on whether or not to legalize recreational marijuana use. This has been a hot topic for many Americans across our country for decades and especially recently since many states have legalized the use of recreational marijuana. This legalization could pose problems for people who drive. 

We play an active role in the civic life of the Phoenix metropolitan area.
We support Scottsdale's Taste of the Town festival that benefits the local chapter of the Muscular Dystrophy Association as well as the annual Toys for Tots campaign. Our firm also contributes to a number of other local organizations, including Home 'Fur' Good, a nonprofit dedicated to eliminating the euthanasia of adoptable homeless cats and dogs in Maricopa County.
AACJ Arizona Attorneys for Criminal Justice Avvo Rating 10.0 Superb Top Attorney DUI Super Lawyers Arizona Trial Lawyers Association Attorney At Law Magazine Contributing Editor Arizona Attorneys For Criminal Justice Established 1986

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