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

General DUI Topics Archives

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.

SB 1200 Is Now in Effect: Arizona DUI Laws Have Changed

Only accountants and lawyers can tinker with things so much and get away with making a process so complicated that you need to hire their services. A shining example of that is Arizona's SB1200. This is the biggest re-write of the Arizona DUI laws since the 1990s, and despite the overly simplistic analysis done by the local Arizona news programs on SB 1200, the law doesn't just affect the required ignition interlock time.

Ignition Interlock Devices: A Consequence of an Arizona DUI

Next to the mandatory jail time and the fines, probably the most significant consequence of a DUI conviction in Arizona is the requirement that you must equip your vehicle with an Ignition Interlock Device for a minimum of 12 months, regardless of the type of DUI conviction.

Welcome to Our Scottsdale DUI Defense Law Blog

Whether it's your first time being arrested and charged for driving under the influence, or you are underage and facing DUI charges, a sympathetic and experienced lawyer can be of great assistance when looking out for your rights. Arizona's legal system can be confusing and intimidating, with a unique set of rules and a language of its own. An attorney who understands the law and the process can help you evaluate your options and make the right decisions.

You Have a Right to Speak with an Attorney when Arrested for DUI

If you are arrested for a DUI in Arizona, you have the right to contact an attorney. In fact, under Arizona law, a person has the right to consult in private with an attorney as soon as feasible after he or she is taken into custody. It is important that you exercise this right and request to speak with an attorney as soon as possible because the attorney can provide you with legal advice regarding your specific situation, and explain to you exactly what is going to occur while you are in police custody.

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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