If you have ever been pulled over on suspicion of driving under the influence in Arizona, there is a good chance the officer asked you to blow into a small handheld device on the side of the road.
That device is called a portable breath test, or PBT. It is designed to give officers a quick reading of your blood alcohol concentration during a traffic stop, but it does not carry the same legal weight as the formal tests conducted after an arrest.
Learning about how the PBT fits into Arizona’s DUI process is important because how you respond
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How Do You Get a Bench Warrant Lifted?
In Arizona, a bench warrant is issued by a judge, magistrate, commissioner, or justice of the peace, usually because someone has failed to appear for court, didn’t follow a court order, or neglected certain court-ordered financial obligations like fines or fees.
Once a bench warrant is active, law enforcement can arrest you on the warrant. According to the Arizona Courts, a bench warrant stays in effect until you’re either arrested or you voluntarily appear before the court that issued it, and the warrant is officially quashed or canceled by a judicial officer.
How Can I Get a Bench Warrant Quashed
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Expungement in Arizona: Set-Aside vs. Sealing
Expungement and Record Sealing in Arizona: What’s Actually Available
Arizona does not have general expungement. If you have been told your criminal record can simply be erased in Arizona, that is not quite right. Arizona law provides several different forms of record relief, and the differences matter when deciding what you may qualify for and what the result can accomplish.
Three remedies are commonly grouped together under the word “expungement,” even though they work differently:
- A set-aside under A.R.S. § 13-905, which can set aside the judgment of guilt and release a person from certain penalties and disabilities resulting from
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What Is the Legal Limit for THC While Driving?
Many drivers assume there is a legal THC limit for driving similar to the 0.08 BAC limit for alcohol. In reality, the answer is much more complicated. There is no universal federal standard, and states use different approaches when prosecuting marijuana-related DUI offenses.
Arizona has some of the country’s strictest marijuana DUI laws, and being charged with one is frightening and confusing — especially when the rules around THC are so unclear.
But a charge is not a conviction, and being arrested does not mean the state can prove its case.
If you have been arrested for a marijuana DUI,
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Do Breathalyzers Detect Weed?
The short answer is no. Traditional alcohol breathalyzers cannot detect THC, the psychoactive compound in marijuana.
Instead, Arizona law enforcement relies on other forms of evidence when investigating suspected marijuana DUI offenses, including field sobriety testing, blood testing, and observations made during the traffic stop. Arizona Revised Statutes § 28-1381 governs DUI offenses, including those involving marijuana and other drugs.
If you have been arrested for a marijuana DUI, contact Rosenstein Law Group immediately.
Call (480) 248-7666 for a free consultation with an experienced Arizona DUI defense attorney.
Can a Breathalyzer Detect Weed?
No. Standard alcohol breathalyzers do not detect
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How Do Cops Test for Weed in a DUI?
A marijuana DUI investigation looks very different from an alcohol DUI investigation. Unlike alcohol, no roadside device can accurately measure a driver’s level of marijuana impairment.
Instead, law enforcement officers rely on a combination of observations, field sobriety tests, drug recognition evaluations, and chemical testing when they suspect someone is driving under the influence of marijuana.
If you were arrested for a marijuana DUI, the evidence against you should be carefully examined before you make any decisions about your case.
Call Rosenstein Law Group at (480) 248-7666 for a free consultation with an experienced Arizona DUI defense attorney.
Record Sealing in Arizona
A criminal record can follow you long after a case ends. Even if charges were dismissed or years have passed since a conviction, criminal records may still appear during background checks conducted by employers, landlords, schools, and licensing boards.
Arizona law now allows many individuals to seek record sealing, which can limit public access to criminal records and provide an opportunity to move forward without a past case creating the same obstacles.
If you are interested in record sealing, an experienced criminal defense attorney can help determine whether you are eligible and help you through the filing process.
Sealed vs. Expunged Record: What’s the Difference?
Although the terms “sealed” and “expunged” are sometimes used interchangeably, they are not the same thing. Understanding the distinction between a sealed and an expunged record is important because the legal effect, eligibility requirements, and long-term consequences can vary significantly.
The key difference is access: a sealed record still exists but is hidden from the public (courts and law enforcement can still see it), while an expunged record is erased or treated as though the offense never happened.
If you want to clear or limit access to a criminal record in Arizona, an experienced criminal defense attorney can help evaluate
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Expungement in Arizona
Expungement in Arizona is limited to certain marijuana offenses. However, there are other ways to seal criminal records or set aside convictions to remove them from public access.
AZ Defenders helps individuals throughout Arizona evaluate their eligibility for expungement, record sealing, and set-asides.
Call (480) 456-6400 to speak with an experienced criminal defense attorney about your options.
What Is Expungement?
Expungement is a legal process that removes qualifying criminal records from public access. When an expungement is granted, eligible arrests, charges, adjudications, convictions, and/or sentences are no longer available through ordinary public background searches.
The goal of expungement is to
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Arizona Set Aside: Get Your Conviction Set Aside
A criminal conviction can continue affecting your life long after you have completed your sentence. Even years later, a conviction may appear in background checks and create obstacles when applying for jobs, housing, professional licenses, or educational opportunities.
Fortunately, Arizona law provides a way for many individuals to obtain relief through the Arizona set-aside process. While a conviction is not erased from your record, a court order setting aside the conviction can demonstrate that you fulfilled the court’s requirements and have moved forward with your life in a positive manner.
If you are interested in pursuing an Arizona set-aside of
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How Much Does a DUI Cost in Arizona?
A first-offense DUI in Arizona typically costs $8,000 to $20,000 or more by the time every expense is counted. The court fine is the part most people expect. It is also the smallest part. Defense representation, higher insurance premiums, the ignition interlock device, screening and classes, jail costs, MVD fees and lost work time together account for far more than the fine ever does.
This page breaks down every one of those costs, shows how they change as your blood alcohol concentration rises, and explains what a felony charge does to the total.
One thing worth knowing before you read
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What Is a Terroristic Threat?
Terroristic threat charges are incredibly serious in Arizona, but they’re also somewhat misunderstood. Many defendants believe this offense applies only to organized plots or planned attacks related to what we normally consider to be terrorism. However, this isn’t always the case.
Understanding this charge is important so you know what you’re facing and how to handle it.
Terroristic Threat Charges in Arizona
Under Arizona law, making a terrorist threat means threatening to commit an act of terrorism and communicating that threat to another person. The offense is complete when the threat is made and communicated. The statute also criminalizes knowingly
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Can You Get a Pilot’s License with a DUI?
In many cases, you can get a pilot’s license with a DUI, but it can create serious problems.
The Federal Aviation Administration (FAA) does not automatically deny every pilot or student pilot because of one DUI arrest or DUI conviction. However, the FAA treats alcohol-related driving events as safety issues, and pilots have strict reporting obligations after certain DUI-related events.
If you are a pilot, student pilot, or prospective aviator facing a DUI in Arizona, contact Rosenstein Law Group at (480) 248-7666 for a free consultation.
Can You Become a Pilot with a DUI?
A DUI can make the process
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What Happens When a Writ of Habeas Corpus Is Denied?
When a writ of habeas corpus is denied, the prisoner usually remains in custody unless another court grants relief. The next step may involve reconsideration, a certificate of appealability, an appeal to a circuit court, or another post-conviction option, depending on the case.
A denied habeas petition does not always mean the legal fight is over. However, habeas corpus cases have strict rules, short deadlines, and serious limits on repeat filings.
AZ Defenders helps Arizona defendants, prisoners, and families understand habeas corpus, appeals, post-conviction relief, and criminal defense options.
Call AZ Defenders at (480) 456-6400 for a free consultation with
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What is Unlawful Detention?
Unlawful detention means a person is held, stopped, or restrained against their will without lawful authority. In criminal defense cases, the issue often involves police detaining someone without reasonable suspicion, arresting someone without probable cause, or extending a stop beyond the time permitted by case law.
AZ Defenders helps Arizona defendants review cases involving unlawful detention, false arrest, false imprisonment, and any other criminal defense issues.
Call AZ Defenders at (480) 456-6400 for a free consultation with a criminal defense attorney.
Unlawful Detention by Police
Unlawful detention by police occurs when officers hold a person against their will without lawful
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How Long After You Smoke Can You Get a DUI in Arizona?
There is no single answer to how long after you smoke you can get a DUI in Arizona. There is no safe waiting period and no fixed number of hours after smoking, vaping, or consuming marijuana that protects a driver from a DUI charge.
The impairing effects usually fade within a few hours, but that is not the same as being impaired to the slightest degree under ARS 28-1381.
Active THC can remain detectable in blood for a day or more, in saliva for roughly one to three days, and in urine for several days to a month or longer
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