Menu FREE Consult Request
Board Certified DUI Attorney
${site.data.firmName}${SEMFirmNameAlt}
Available to help 24/7
480-248-7666
Where were you arrested? A DUI is a state offense, but each jurisdiction handles them slightly differently.

General DUI Topics Archives

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.

Understanding Arizona's DUI laws

Driving drunk is a serious offense, and if you are charged with a DUI in Arizona it's important that you understand the laws and get legal representation to protect your interests. While you may not be able to have the charges completely eliminated or even reduced, depending on the circumstances, it's very important to find out what can be done in your particular situation. You don't have to go through the legal process alone, and you want to have someone on your side to explain things to you and help you consider the options you have when you've been charged with a DUI in Arizona. 

March Madness

March Madness is finally here, and while your employers surely are dreading this time of year (studies show that productivity plummets), at the Rosenstein Law Group we could not be more excited. Something else to be excited about right now is this new deal we spotted from LivingSocial, a portable breathalyzer for your iPhone or iPad. Here is the link . It is important to remember that we are not the only ones who realize that March Madness brackets and beers go together like UofA basketball and the Final Four. The notorious DUI task force will be out waiting to catch you driving while impaired, and will use any excuse to get you to blow into their portable breathalyzer. So why not use this device before you leave the bar, and give your BAC an estimate, and if your even close take a cab. The best way to avoid a DUI arrest is to not get behind the wheel. If you are pulled over and have been drinking even the smallest amount of alcohol check out what to do if pulled over. People are falsely accused of DUI every day. You need an experienced DUI lawyer to help extricate you from the criminal justice system.

Stay Out of St. Patrick's Day Trouble

Everybody loves the month of March... Spring is here, flowers are beginning to bloom, March Madness brackets are being formed, and everyone's favorite green beer holiday is being celebrated every single weekend. Around the Valley, tons of bars have drink specials to entice you to come in and celebrate being Irish, even if you aren't Irish. However, these bars are not the only people who are looking for you during this celebratory season; the Cops are out in full force, waiting to bust you for a DUI. Various DUI-task forces are set up around the Valley, and these officers will find any excuse to pull you over. If you find yourself investigated for a DUI, please call us while in custody at the station, or even the next day. You need an experienced DUI lawyer to help you fight these charges because believe us, no amount of Irish luck will be able to save you from the harsh consequences that a DUI conviction has in store.

Taking the "Driving" Requirement out of DUI Charges

At our firm, we get cases from clients who are charged with DUI when there either was no driving. These clients are both shocked and appalled that they are facing these charges, and rightfully so! Logically, one would think that in order to receive a DUI charge, at the very least the police or someone must have seen you driving. Unfortunately, through a series of cases, the evolution of the law in Arizona has virtually abolished the requirement that a person actually be driving the car in order to be charged with a DUI in Chandler or anywhere else in Arizona. Many police officers see someone in or near a vehicle, find out that this person has been drinking, and automatically assume that they should be charged with DUI without even taking the time to understand that there are a multitude of reasons why that person is inside or near the vehicle. For example, we have had cases where a driver realizes they may be too intoxicated to drive home and decides to sleep it off in their car. An officer approaches, finds out about the drinking and arrests for DUI, even though the person is adamant they were not driving, and had no intention of driving home. This scenario has happened so frequently that is has resulted in a rule called the Shelter Rule. The Shelter Rule is a valid and strong defense to a DUI charge. According to the law, the State is required to show that you were in actual physical control of the vehicle at the time you were under the influence of alcohol. If you were not using the car as a vehicle, but were only using it as shelter, you should not be found guilty of a DUI charge.

What is an Admin Per Se in Arizona

Whether you know it or not, you have agreed to give an officer a blood, breath, or urine sample at their request if they have reason to believe that you were operating a motor vehicle with a Blood Alcohol Content (BAC) above a .08%. It was one of the many lines in small print right above the signature line when you signed up to get your AZ driver's license issued. The agreement (that you probably didn't even know you entered) says that if you are found by MVD to have been driving with a BAC above a .08, than you will be forced to serve a 90 day driving suspension. There is no automatic hearing to make that determination. If the officer thinks your BAC is higher than a .08, then you get a suspension. Since driving is a privilege and not a right in Arizona, due process does not attach as stringently, which means that a Judge does not have to look at it. YOU have to request that a Judge reviews the material or else the suspension automatically goes into effect. Furthermore, YOU have to request that a Judge look at it within 15 days of the officer notifying MVD or else you waive your right to have a Judge look at it. From a practical perspective, it means that you can be totally innocent of DUI, be picked up and arrested in a holiday sweep, and if you don't know the system intricately enough to make timely request for hearing with MVD, then you are stuck losing your license for 90 days. No matter what your circumstance is, if you have been arrested for a DUI, you need to have a smart and aggressive attorney help you assert your rights. Contact us today for a free consultation.

MAJOR CHANGES IN DUI DEFENSE ARE IN EFFECT

The most comprehensive DUI law changes since the 1990's were passed this past legislative session. SB 1200 has completely changed the way a person accused of DUI will be treated within the criminal justice system. This new law that went into effect January 1, 2012 will effect a person's rights, and potential consequences in all aspects of their case. It is unclear, because of how the law was written, which parts will apply to people arrested before that date. Additionally, contrary to internet rumors, not all aspects of this law will benefit those accused of alleged impaired driving. It is extremely important (perhaps now more than ever) to hire a competent DUI lawyer. Otherwise, you could both miss out on benefits in the change in law and be subject to some of negatives that could easily have been avoided.

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

Free Consultation With A Drunk Driving Defense Lawyer

When you need effective, strategic defense, contact us 24 hours a day, seven days a week at 480-248-7666. We are ready and waiting for your call.

Bold labels are required.

Please note that First AND/OR Last Name, and Email AND/OR Phone are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Free Consultation With A Drunk Driving Defense Lawyer FREE Consult Request