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.

DUI Arrest Archives

Hire an Arizona DUI Professional

Here at the Rosenstein Law Group we pride ourselves on having some of the most knowledgeable DUI professionals among our staff. With mandatory jail time and extremely high fines for first time offenders, the state of Arizona is known for having the strictest DUI laws across the country. Therefore, if you ever find yourself accused in Arizona for a DUI, you will the services of experienced and knowledgeable attorneys like ours to navigate you out of the criminal justice system.

UAPD Arrested on Extreme DUI Charges

At the beginning of this month, in preparation for the Super Bowl, police departments increased DUI enforcement across the country trying to decrease the number of DUI arrests. Unfortunately, that plan did not work out well for the University of Arizona Police Department (UAPD), as one of their on duty officers was taken into custody over the weekend. Sgt. John McGrath was arrested on suspicion of driving under the influence Saturday night after being involved in an accident with a marked UAPD vehicle. Sgt. McGrath was found to have a blood alcohol content of 0.20, which is classified as a Super Extreme DUI.

On vacation and you get a DUI...

With warm weather just around the corner, people are starting to book vacations and put on their swimsuits and party hats. Lake Havasu City, Arizona has been the premier destination spot for spring breakers looking to have some fun. However, if you're headed toward the party city, be cautious because law enforcement in the area are taking serious actions towards drinking and driving, which can lead to jail time and loss of license.

When Can I Ask for My Attorney?

One of the things that people always ask me when they find out what I do is, "What should I do if I'm pulled over?". In Arizona today, the enforcement of DUI's has become an obsession that often leads to innocent people being arrested. We know this, because one of the pieces of information that we get in all of our client's cases is a results page. We will often see that a huge percentage of people whose blood was tested along with our client's is either zero or significantly below the legal limit. That equates to dozen's innocent people being accused, arrested, and forced to have a cop (with less than a week's training) draw their blood every night. So the question asked is certainly a valid one. The answer is "immediately". You are always allowed to consult with an attorney. You are however, required to affirmatively request one. Ambiguous references to an attorney do not suffice. So don't ask, "Should I get a lawyer?", or "Maybe I should have a lawyer here". What one must do is unequivocally proclaim their desire to consult counsel. Many unscrupulous officers will advise you that you don't have that right at this point, and that you must balance or dance for them roadside. They are not being entirely forthright with you. From the second that the officer treats you like you are accused of DUI, it is well advised to firmly but politely insist on speaking with counsel before completing any exercises or answering any further questions. If you ever find yourself in that unfortunate situation you can contact us 24 hours a day/ 7 days a week.

Corpus Delecti - what is it?

In every DUI case, the first thing that the State must prove before they even start presenting any evidence about blood, breath, or urine results is driving or actual physical control of a motor vehicle. The determination as to whether a person is driving is obvious, and is usually demonstrated by a police officer testifying that they saw the Defendant drive a vehicle. Proving actual physical control of a vehicle is somewhat more complicated, and there are numerous different factors that a court takes into account to determine whether a person whom, although was not driving the vehicle at the time of their impairment, was in actual physical control of the vehicle. (For further information on actual physical control see our previous blogs).

WASTE MANAGEMENT OPEN WRAP-UP

Many people, both people from out of State and Phoenix and Scottsdale residents alike, had the opportunity to head to North Scottsdale and catch some great golf at the 2013 Waste Management Open. It is no secret that not only is the Open known for great weather and great golf, but also for being a great party. Because of this, police officers view it as a perfect time to conduct one of their ever-present DUI task forces, to catch "impaired" drivers. If you drove at all down Scottsdale Road at any point during that week, you no doubt saw the numerous drivers lit up and pulled over by Scottsdale Police Department. Most people do not know the rights that they do have and what tests they are required to perform, especially people who are visiting from out of town. Laws vary from state to state, and officers know that people are unaware of where the boundary is between lawful and illegal officer behavior.

Losing Driving Privileges Due to an AZ DUI: Loss Because of Arrest (Part 1 of 3)

Getting accused of a DUI is scary in Arizona. If convicted, one may lose his or her freedom, pay fines, have an ignition interlock device installed in his or her car, and have to attend multiple classes. However, the potential loss of driving privileges is one of the most difficult consequences to deal with. In Arizona, and within Maricopa County in particular, public transportation is seriously deficient. Losing one's driving privileges can often result in an inability to get to work.

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.

After a DUI Arrest, You Have a Right to an Independent Blood Test

When a person is arrested in Arizona for driving under the influence (DUI), and a blood sample is drawn, the arresting officer is required to advise the person that they may have an independent test of their blood performed. However, in Arizona it is very difficult to find a facility willing to draw blood after business hours (typically when a DUI arrest occurs), and test it for alcohol concentration. By the time the person finds such a facility, secures transportation to that facility, and waits for blood to be drawn, many hours have passed. Due to the fact that alcohol disappears from one's system over time, this is can be an important issue.

Probable Cause is Necessary to Make a DUI Arrest in Arizona

In Arizona, police need what is known as 'probable cause' in order to make a DUI arrest. That means that before the police can arrest someone for a DUI in Arizona, the police must have probable cause to believe both that the crime of DUI has been committed, and that the person being arrested actually committed the crime. But what exactly is and constitutes probable cause?

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