Rosenstein Law Group

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Arizona DUI Defense Blog

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Aisling Kerins
Rosenstein Law Group Staff
Richard Schuette

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Arizona is known across the country as one of the toughest states on drunk driving. Penalties for a DUI conviction include mandatory jail time, heavy fines, required alcohol screening/education/treatment, automatic driver’s license suspension and mandatory installation at your expense of an ignition interlock device in your vehicle. The costs of those penalties in both personal and financial terms are heavy, but those costs are not the only ones to pay after an Arizona DUI arrest and conviction. There are hidden costs as well, including the following: Employment: a drunk driving conviction goes onto your criminal record. Employers today are more…
We have become so used to our electronic devices that we sometimes fail to notice how much screen-time we have each day and how much we have come to rely on our connected gear. Most of us value the convenience of access to almost unlimited information at any time and any place that our devices afford us. But there is mounting evidence that the information and entertainment we crave can be dangerous. A recent study shows that the infotainment systems standard on new vehicles are so distracting that their impact on driver response times is even more detrimental than drinking …
Recently announced research findings are being heralded as a big step forward in the development of an electronic marijuana breathalyzer. Chemists said in a peer-reviewed American Chemical Society journal that they have found the key chemical needed to develop a breathalyzer that will be able to detect if people are driving while high on cannabis. While chemists might not recognize that there is a significant problem here, defense attorneys certainly do: breathalyzers are flawed devices that far too often generate inaccurate readings that result in unwarranted DUI arrests. Police departments across Arizona and the nation are eager for a…
Information about the novel coronavirus dominates news reports on Phoenix-area TV and radio stations – with much of it grim. There are sometimes reports about individual acts of heroism and bravery by first responders, doctors and others, however, as well as stories about how Americans are pulling together to contain and defeat the virus. We also saw a recent report that Arizona is experiencing a significant decrease in the number of motorists who are pulled over and arrested for driving under the influence of alcohol. It is not difficult to understand why there has been a dramatic drop-off in…
elvis-bekmanis-2Z9qLhfWcWM-unsplash Photo by Elvis Bekmanis on Unsplash
Photo by Elvis Bekmanis on Unsplash
Is it possible falling asleep in your vehicle after a night of drinking can sometimes get you charged with driving under the influence in Arizona? In some states, only if there is proof you were actually driving the vehicle while under the influence. However, in Arizona, there are two ways to get a charged with a DUI: Driving while impaired to the slightest degree or over a .08 Being in actual physical control of a motor vehicle while you are impaired to the slightest degree or over a .08 So being caught sleeping or “behind the wheel” in a car…
evgeny-tchebotarev-aiwuLjLPFnU-unsplash Photo by Evgeny Tchebotarev on Unsplash
Photo by Evgeny Tchebotarev on Unsplash
It is an undeniable fact that the current COVID-19 pandemic has, in one way or another, had an impact on the day to day lives of each living in the US. Generally, dealing with DUI charges is a lengthy, complicated, and often stressful process to go through. We find our clients are usually scared, embarrassed, and want it to go away as quickly as possible. Now with the daily updates and new restrictions put in place, we find many of our clients are wondering how will this affect my DUI case? The Impact of Coronavirus on the Length of my…
Does your car get impounded if you get arrested for a DUI in Arizona? Yes, they are some situations in which you will find your car impounded if you have been arrested for a DUI in Arizona. Many of our clients whom are arrested for certain types of DUI are shocked to find out in addition to having to face criminal charges and potential driver’s license repercussions that they are also losing their vehicle for a whole month. This is due to a law in Arizona (Arizona Revised Statute Section 28-3511. The following are questions we are often asked about…
As frequent readers of our Arizona DUI Defense Blog know, we regularly share information that can be useful to people facing a drunk driving charge or who have a loved one accused of driving while impaired by drugs or alcohol. We recently read a column about a concern that many share: the “increasing number of individuals and organizations (that) have been decrying the use of alcohol.” Even more worrisome is that those voices have grown louder during the coronavirus pandemic. Writer Bob McGinn has spent his career in various parts of the wine industry: from consulting with restaurants to vine…
evgeny-tchebotarev-aiwuLjLPFnU-unsplash Photo by Evgeny Tchebotarev on Unsplash
Photo by Evgeny Tchebotarev on Unsplash
Regular readers of our Arizona DUI Defense Blog know that the Grand Canyon State has some of the harshest penalties for drunk driving convictions in the nation. Unfortunately, the pain doesn’t end with official sanctions such as loss of driver’s license, fines, mandated ignition interlock devices – and even jail time – provided for in Arizona law. Those who are charged with drunk driving in Arizona also face the possibility that they will lose their job (especially common among those employed by driving services), future employment opportunities, educational opportunities and more. They also face the certainty of higher car insurance…
The outcome of some DUI cases is the defendant must serve some jail time. Typically, the defendant is not ordered to serve their jail time immediately by the judge and a date is scheduled for them to serve their jail time. Most will allow you to schedule a date and time that works for you, obviously within reason. Right now, with the COVID-19 pandemic and the government’s effort to slow the spread, some reports are saying that law enforcement are trying to reduce the number of people in jails and making an effort to slow the intake of inmates. We…
police matt-popovich-7mqsZsE6FaU-unsplash Photo by Matt Popovich on Unsplash
Photo by Matt Popovich on Unsplash
The most frequent question that clients ask me is, “The cop never read me, Miranda. So, my case will be dismissed, right?”. A violation of Miranda does not dismiss a case; it suppresses statements. If there is a Miranda violation, and the only evidence in a case is a confession, the case will be dismissed. This is because once the confession is suppressed, there is no evidence to support a conviction. However, if there is additional evidence to support a conviction, and there is a violation of Miranda, the case will proceed. The case will proceed without the statements that…
If you are pulled over for suspicion of drunk driving, you will be asked to perform a series of field sobriety tests. The accuracy of these tests is debatable. However, the prosecution will often use the results of these tests to strengthen its case. Does this mean that if you fail the tests, you have no choice but to plead guilty? Not necessarily. People may fail these tests for any number of reasons, and not because they are under the influence. Common reasons for failing a field sobriety test Officers perform field sobriety tests in accordance with a manual put …
The COVID-19 pandemic is causing disruptions in almost every sphere of life, including the criminal justice system in here in Arizona.  Right now, with the widespread concern of the spread of the Coronavirus, hand sanitizer has been a hot product for people to use when washing their hands is not an option. While it has always been the norm to use hand sanitizer by arresting agency while administrating breathalyzer tests, it seems now more than ever this product is used excessively. So what are the chances hand sanitizer causes someone to be charged and convicted of a DUI? Can You…
How long does a DUI conviction stay on your record? Can you get this DUI conviction off? The short answer is it remains on your criminal record forever, and you can never get it off of your record. A DUI conviction is a criminal conviction in Arizona. A criminal conviction never goes away in Arizona. However, from a punishment perspective, a misdemeanor DUI lasts seven years. What if I get multiple DUI’s? If you get a second DUI, within seven years of your first DUI, it’s a second offense. If you get a third DUI, within seven years, it’s a…
No matter how you slice the numbers, Phoenix is a major U.S. city in every way. The Phoenix metro area ranks 10th in the nation in terms of population and by itself, Phoenix is the sixth most populous city. It is no surprise to those who drive the Phoenix area on a regular basis to learn that we have one of the highest rates of drunk driving arrests here as well. According to a new study, Phoenix trailed only San Antonio, Texas, and Los Angeles for the most DUI arrests from 2009 to 2018. In that decade, there were a…
Newly released research on road safety finds that the introduction of self-driving vehicles on our streets has a twofold effect. The study published in the Drug and Alcohol Review says that driverless vehicles will reduce drunk driving rates, but will also lead to an increased level of binge drinking. As you undoubtedly know, Waymo, a Google company, has conducted extensive tests of autonomous vehicles on Valley of the Sun streets. The researchers say the mixed health outcomes pose a challenge to policymakers in Arizona and around the nation and world as they try to make our society safer and healthier.…