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

Arizona DUI Defense Blog

Is legalized recreational marijuana on the horizon in Arizona?

As attitudes regarding the legalization of marijuana continue to shift across the country, residents of Arizona may soon find themselves presented with another opportunity to cast their vote for or against the legal possession and recreational use of marijuana by adults. While this would hardly be the first time that voters in the state would be facing this choice at the ballot box, many residents seem to feel that the outcome could be different this time around, which begs the question - how would legalizing marijuana for recreational purposes impact the already strict laws in place to regulate DUIs within our state?

 

Congrats to the Class of 2018!!! . . . Now Don't Get Arrested by Police During the Graduation Pomp and Circumstance

Late May and early June means high school graduation, and from all of us here at the Rosenstein Law Group we wish our Arizona grads the most heartfelt congratulations! Proms, graduation ceremonies, and grad parties are an exciting time for both the graduates themselves and their proud families and friends. But during all the pomp and circumstance make sure to be safe and aware of the potential legal pitfalls. Police are on the lookout this month to make arrests for alcohol-related offenses and other crimes that often occur whenever our citizens are out celebrating.

Judge vs. jury trial

When facing a criminal charge, a big decision you might have to make is whether you want your case to be decided by a judge or a jury. This is no small matter; the outcome could have a huge impact on your life.

Differences

Most defendants choose to opt for a jury of their peers, and for good reason: to be judged guilty, the jury must be unanimous. You have better odds at convincing 1 out of 12 people of your innocence than you do a single judge.

Beyond Standard DUI

Most people are aware of the legal limit of .08 BAC to be charged with DUI in Arizona. But there are additional, more serious charges that can apply if the BAC is tested to be significantly higher.

Under Arizona law, drivers can be more than just sober or drunk. DUI charges are dependent on a number of factors that can substantially alter the penalties involved if convicted. While most DUI charges are based on a specific concentration of alcohol in the bloodstream, police officers and the courts have discretion to charge a person with driving under the influence even if they do not meet these limits.

Fighting a DUI successfully often depends upon knowing the law and how the BAC level was determined. Getting charges reduced from an extreme DUI or an aggravated DUI can make a significant difference in the level of penalties, as well as the mark on your record.

Let's use this post to review the levels of DUI charges and the penalties which can result from a conviction, including pleading guilty.

Maricopa man faces multiple DUI charges

If you drive for an hour or so northwest of Scottsdale, you'll come to El Mirage. The modest-sized city is home to a 33-year-old man recently arrested for aggravated DUI. The arrest comes just five days after he pled guilty to the same charge.

Police pulled him over gave him a breathalyzer test, which apparently registered a blood-alcohol content (BAC) of .161 percent. In Arizona, it is illegal to drive with a BAC of .08 percent and above.

Can you really get a DUI when you aren't even driving?

Sometimes, it seems there is no way to get it right. Let's review a case where the police can charge you with DUI even if you weren't sitting upright driving your car.

Let's set the scene: You leave a party where the drinks were flowing a little too freely. On your walk to the car, you realize that driving home in the condition you're in is definitely not a good idea. Rather than run the risk of getting behind the wheel, you decide that it might be a better idea to catch a few hours of sleep in the back seat of your car. When you wake up a few hours later, you'll probably end up with a crick in your neck, as well as a headache, but you'll be sober enough to safely make your way home and there was no harm done. Right?

Cinco de Mayo in Arizona - Watch for the DUI Task Force

Cinco de Mayo is one of the most popular holidays of the year here in Maricopa County... the weather is perfect, school is ending for most colleges and universities, and we have some of the best bars and Mexican food in the USA. But if you are planning on having a few cervezas or margaritas this holiday weekend DO NOT drive. When you are done partying make sure you have a designated driver or use Uber, Lyft, or a taxi. Not driving will not only keep you and other Valley residents safe but it will stop you from becoming a statistic of this year's Cinco de Mayo DUI Task Force. DUI Task Forces are made up of a combination of police agencies whom patrol certain areas on dates when DUI statistics are traditionally highest. The goal of these Task Forces is to stop drivers, and then arrest and charge them for DUI. The following is a list of the DUI Task Forces that are being run by the various law enforcement agencies this week including their times and locations:

Former "DUI Expert" Sues the Arizona Department of Safety After They Forced Him Out of His Job for Telling the Truth

Former Department of Public Safety Forensic Scientist ("DUI Expert") Greg Ohlson has filed a civil lawsuit in the United States District Court against the Arizona Department of Public Safety ("DPS") for violating his First Amendment Rights by retaliating against him for testifying negatively about DPS testing and disclosure policies and procedures in DUI cases. Mr. Ohlson worked in the Toxicology Department in the Scientific Analysis Bureau at DPS from 2004 until 2016 and testified in hundreds of DUI trials and evidentiary hearings on behalf of the prosecution as their "DUI expert" witness.

How does an ignition interlock device work?

There is no doubt that Arizona's drunk driving laws are among the very toughest in the nation. A first DUI offense can mean jail time, substantial fines, mandated alcohol treatment and required community service. All those convicted of DUI in our state are also required to equip their vehicle with a certified ignition interlock device.

Many people who have been arrested for DUI are unsure of what an ignition interlock device is, how it works and if the rumors they might have heard about the devices are true.

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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