If you have been involved in an accident, the last thing you need is to face a drunk driving investigation. Nevertheless, law enforcement officials have an obligation to determine the cause of such incidents. As a result, you may be asked to submit to a number of tests. The purpose of these is to check your blood alcohol content and determine your level of sobriety.
Last Friday started Arizona's state wide crackdown on DUI enforcement for the Memorial Day weekend. This crackdown was yet another attempt to enforce Arizona's already strict drinking and driving laws, and to prevent injuries and fatalities due to automobile accidents.
When you are sick, you go to the doctor and if needed, they will provide you with a prescription. Now depending on the drug prescription, they will also advise you to not drive or drink while on this medication. Listen to these professionals, because this advice may save you from a DUI.
Did you know that Phoenix police officers can get a signed search warrant for a blood sample from a seemingly intoxicated driver within minutes? Traditionally, if a suspected driver refuses a blood test, police officers would have to drive to a station, type up a warrant, fax it to the court and then wait to hear from a judge. This new system is called an eSearch Warrant Application, and it allows an officer to send a warrant from their patrol car, where it is sent to a judge who can approve or deny the document from a laptop in a much shorter time.
Being convicted of drunk driving can have extremely negative repercussions for your life and your work. Aside from potential fines and perhaps jail time, you could face the loss of your license or even dismissal from your job. The resultant emotional and financial burdens can also put a strain on family life. In Arizona, a 22-year-old man could be facing this reality after being charged with drunk driving following a recent accident.
People often ask if someone can be convicted of a DUI on a bicycle. Unfortunately, there is no Arizona law which directly addresses this issue. However, an analysis of Arizona law suggests that a conviction for a DUI on a bicycle would be unlikely.
On the roads of Arizona, if you are pulled over by police or if you are involved in an accident, there is a chance that you will be investigated for drunk driving. When officers perform these investigations, there are certain procedures they must follow, so it helps to know your rights. One thing they might ask you to do is submit to a Breathalyzer test. However, you are not obliged to do so, although refusal does lead to license suspension.
On Tuesday May 6th, 2014, the Arizona Court of Appeals announced a ruling that bars the city law enforcement from arresting someone solely on the basis of being incapacitated by alcohol in public. The ruling was pre-empted by a 1972 state law that prohibits criminalizing someone for "being a common drunkard or being found in an intoxicated condition."
On April 20th, 2014, the Scottsdale HOGS Chapter put on a HOGS with Hearts charity ride in order to raise money to send kids with muscular dystrophy to MDA summer camp. Our attorney, Craig Rosenstein donated to the cause in hopes to raise enough money to give perhaps a few children the opportunity to have fun and just be a kid at summer camp for a week.
Already take a plea? And now you want to know if you can back out of it even though the 90 day time window to request relief has already passed? Is there anything you can do?
If you are stopped on suspicion of drunk driving, there are a number of tests you may be asked to submit to. You can refuse to take any of them, but the consequence of doing so varies from test to test. Declining a blood alcohol test means automatic suspension of your license. However, this is not the case if you refuse a field sobriety test. Drivers in Arizona should not feel pressured to take these tests if they are worried the results may count against them.
The United States Supreme Court recently issued another blow to the 4th Amendment, which protects against unreasonable search and seizures. The ruling caused controversy when they declared that a vehicle may be stopped based on an anonymous 911 tip.
When an accident occurs on the roads, particularly if that accident involves serious injuries or fatalities, law enforcement officers are keen to discover the cause. This means that drivers involved may come under suspicion of drunk driving. There are a number of tests designed to help ascertain guilt, but these are not always accurate. Drivers in Arizona must be prepared to contest a felony DUI charge if they come under suspicion for this offense.
On April 22, 2014, the Arizona Supreme Court shut down the government's ability to prosecute Arizona motorists for driving under the influence of marijuana unless the person is impaired at the time of the stop. The ruling focuses on two chemical compounds found in marijuana; Carboxy-THC, which does not cause impairment, or Hydroxy- THC, which does cause impairment. The issue presented was whether the legislature intended to include "its metabolite" in the plural form which would include Carboxy-THC, even though it has proven to be non-impairing.