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If you or a family member was recently arrested for a first offense driving under the influence (DUI) crime, it is important to know what the future holds. The more you know about the criminal justice process surrounding DUI charges, the more peace of mind you can have about what comes next. For legal advice pertaining to your specific DUI case in Arizona, consult with a Scottsdale first offense DUI attorney. The Arrest Process The first part of a DUI case is the arrest. The law enforcement officer needs probable cause to pull you over. The officer must make…
Arizona lawmakers take driving under the influence (DUI) crimes very seriously. They deter drivers from operating under the influence of drugs and alcohol by penalizing these crimes harshly. After adding up the various expenses associated with a first offense DUI, this crime can cost thousands of dollars – more than most other types of first offenses. Fines and Penalties Based on surveys conducted throughout the U.S., the average first offense DUI costs around $6,500. This does not include lost income – the average of which was $4,400 – bringing the total cost to almost $11,000. This sum is broken down…
Driver’s license suspension is a common penalty assessed against someone who commits a traffic violation in Arizona, such as driving under the influence (DUI). If the offender needs his or her license to fulfill employment, education, or religious obligations, however, the courts may grant the offender a restricted or hardship license instead. This type of license allows the driver to only drive to certain places and/or at certain times. Read on to learn more and if you have additional questions regarding restricted licenses in Arizona, speak with a DUI lawyer in Scottsdale. Definition of Restricted or Hardship License in…
We get asked a lot, what is the difference between the Motor Vehicle Department and the Court in a DUI case? There will be both court dates and a Motor Vehicle Department (MVD) hearing in a DUI case in Arizona. After a DUI arrest in Arizona, you will have a hearing entirely separate for this with the Motor Vehicle Department (MVD). In addition to a battle in Court. Similarly, it’s essential to know that the criminal court process and the Motor Vehicle Department administrative side are not connected. Both of these entities progress through the matter separately. What to Expect…
erik-mclean-DBTKhYiXQvU-unsplash police DUI DWI Photo by Erik Mclean on Unsplash
Photo by Erik Mclean on Unsplash
DUI Arrests dropped in December during the 2020 holiday season, compared to 2019. Was this drop in DUI rates due to COVID-19? The holiday season is traditionally a big time for DUI arrests in Arizona. Every December, state troopers, sheriff’s deputies, and local police officers take to the highways and streets searching for alleged drunk drivers leaving holiday parties, bars, and restaurants. But as with most other things last year, December 2020 was different than usual. Number of Arizona DUI Arrests in December The Arizona Governor’s Office of Highway Safety reports that law enforcement made 1,729 arrests on suspicion of…
With nearly 225,000 registered weapons in 2019, Arizona ranks within the top percentage of gun ownership in the United States. People in Arizona own guns for many reasons including, but not limited to: Target practice and skeet shooting; Personal and family protection; and  Hunting large and small game. It is no surprise that drivers facing charges for driving under the influence of alcohol or drugs (DUI) want to know how a DUI conviction could affect their right to buy and carry a firearm in Arizona. Prohibited Possessors in Arizona Each state, including Arizona, designates classes of “prohibited possessors.” These are…
Horizontal Gaze Nystagmus (HGN) is a condition where the eyes make repetitive and involuntary jerking movements while gazing to the side. HGN is involuntary, and the person experiencing the condition is unaware it is happening. Typically the higher a person’s blood alcohol concentration, the sooner their eyes begin jerking as they move to the side. The Horizontal Gaze Nystagmus test is one of three National Highway Traffic Safety Administration (NHTSA) approved Standard Field Sobriety Tests. Law enforcement uses the HGN test to determine if a driver is driving while under the influence of alcohol.   The other two Standard Field Sobriety…
Law enforcement officers ask drivers they suspect of driving under the influence of alcohol or drugs to perform field sobriety tests, and drivers comply because these tests seem routine. Few Arizona drivers know they can refuse to perform these tests.  Before making any decisions regarding field sobriety tests, drivers should know the following: The federally approved standard field sobriety tests; Other common field sobriety tests used by Arizona officers; Reasons to decline performing field sobriety tests;   How to refuse an officer’s request to perform field sobriety tests; and Potential consequences for refusing field sobriety tests.   What Are Standard Field Sobriety…
One of the most common questions people ask our Scottsdale DUI lawyers is, “How do I pass a breathalyzer test?” The following article discusses the following: How breathalyzers work; Myths surrounding passing breathalyzer tests; and Conclusions on how to pass a breathalyzer test.  How Breathalyzers Work When a person consumes alcohol, alcohol travels to the stomach and small intestine, where it absorbs into the blood. The blood carries the alcohol throughout the body and into the brain and lungs. When a person who consumes alcohol exhales, they exhale that alcohol from their lungs. A breathalyzer measures the amount of alcohol…
david-gabric-KdC5agsz6ik-unsplash cannabis pot Photo by David Gabrić on Unsplash
Photo by David Gabrić on Unsplash
Legalization Of Recreational Marijuana Use In Arizona – Does This Stop Users From Being Arrested And Charged For DUI By Drugs? Since the legalization of recreational THC use here in Arizona, we have fielded a lot of questions about whether police can still arrest drivers for DUI when all they have consumed is THC.  Our clients have asked things like “why did they arrest me for DUI last night?  I did not drink; all I did was smoke some weed a couple hours before.  It’s legal now right?” There are two different ways the State can prosecute someone for DUI…
Car accidents are the leading cause of death among healthy adults in the United States. The most common cause of fatal car crashes is drunk driving. While less than 4% of car crashes are related to drunk driving in Arizona, more than 30% of drunk driving crashes in Arizona are fatal. Due to the high fatality rate of drunk driving accidents, Arizona law enforcement dedicates much of their time and resources to removing drunk drivers from state and local roadways. One standard method law enforcement uses to crack down on drunk driving is the use of DUI checkpoints. A DUI…
If anything, Arizona’s DUI laws and punishments are some of the strictest in the United States. Arizona takes driving under the influence of alcohol or drugs seriously, and so should anyone traveling Arizona roads.   Driving under the influence of alcohol or drugs in Arizona is defined as driving under the influence of “intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.” In Arizona, an intoxicated person only needs to be in actual physical control of a vehicle, not…
A DUI arrest with a BAC over .20 In Arizona is serious. When a person is pulled over drinking and driving, it can be a scary situation. No state is tougher on drunk drivers than Arizona. Those who are convicted of a DUI face numerous consequences that can be life-altering. But for those who have a blood alcohol content, or BAC, of more than .20, the consequences can be even more severe. BAC Over .20 In Arizona Is Serious Even if no one was injured or any property damaged, a person who is pulled over for a DUI with…
Click below to listen to Rosenstein Law Group‘s Timothy Hintze talk to My Modern Law Billy Tarascio talk on when family and criminal law intersect when one spouse is accused of abuse towards another spouse or child. In some circumstances, the actions of one spouse can trigger criminal charges in the state of Arizona during the divorce process. In fact, the subject of criminal law does appear often when spouses are accused of domestic violence. If you have been accused of any domestic violence, you want to ensure that your legal rights are protected. When these instances occur, there…
add-weed-h3PWUqxpP_0-unsplash cannabis marijuana Photo by Add Weed on Unsplash
Photo by Add Weed on Unsplash
Recently Arizona just approved Proposition 207. But what does this mean for Marijuana convictions in Arizona? It not only legalized the possession and use of marijuana for adults (age 21 years or older), but Arizona now has its first expungement law. The push to legalize the adult use of marijuana is not new to Arizona. While attempts at decriminalization have failed in the past, this year, the effort passed through a ballot initiative of the people—namely, Proposition 207. Prop. 207 – Arizona Marijuana Expungement & What Does Mean Before Prop. 207, the possession of marijuana or marijuana paraphernalia was a…
Like other states, Arizona has what is commonly called an implied consent law. As the name of the law suggests, drivers in this state have, just by driving on the roads of this state, agree to take a breath, blood or urine test on a valid request of a law enforcement officer. If they do not agree to take the test when asked, then a driver may face an automatic license suspension of 1 year for a first offense, even if they wind up not getting convicted of drunk or drugged driving. On the other hand, a test result showing…