In Arizona criminal law cases, including charges of driving under the influence (DUI), law enforcement needs reasonable suspicion to initiate a traffic stop and probable cause to make a DUI arrest. These terms are distinct legal concepts, and understanding their differences is important in understanding how a police officer conducts a traffic stop and makes a DUI arrest.

In this blog post, we consider how Arizona law defines reasonable suspicion and probable cause and how these two requirements work together in a DUI case. In particular, we discuss:

• How Arizona law enforcement officers use reasonable suspicion and probable cause

…
Continue Reading Reasonable Suspicion vs Probable Cause in DUI Cases

For anyone convicted of driving under the influence of alcohol (DUI) in Arizona, the installation of an ignition interlock device (IID) is required. In this blog post, we provide an overview of IID requirements for DUI convictions in Arizona. In particular, we discuss:

• What an IID is and how it works
• When an IID installation is required
• For how long an IID is required to be equipped in any vehicle you are driving

The Rosenstein Law Group represents Arizona residents who are facing DUI charges. If you are facing a DUI charge, call our law office at (480) 248-7666 or…
Continue Reading Arizona Ignition Interlock Requirements: ARS 28-1461

Becoming—or remaining—a firefighter in Arizona with a driving under the influence (DUI) conviction can present challenges, but they are not always insurmountable. In this blog post, we cover how firefighter candidates can deal with a prior DUI conviction during the application process and the effect of a DUI on current firefighters.

The Rosenstein Law Group represents Arizona residents charged with DUI. 

If you need help as a firefighter applicant or are presently employed as a firefighter facing a DUI charge, call our law office at (480) 248-7666, or you can contact us online to speak with one of our…
Continue Reading Can You Be a Firefighter with a DUI in Arizona?

It may seem counterintuitive at first, but if you have a past DUI conviction in Arizona, that will not necessarily keep you from becoming a police officer in this state.

In this blog post, we discuss how Arizona municipalities treat prior DUIs on your record when you apply to become a police officer.

If you are facing a DUI charge in Arizona, call Rosenstein Law Group at (480) 248-7666 or contact us online to speak with an experienced Arizona DUI defense lawyer.

What Do Police Departments Look For in Applicants?

Law enforcement officers are human beings, and human beings make…
Continue Reading Can You Be a Cop With a DUI in Arizona?

The specific statute that defines what a DUI is in Arizona is Arizona Revised Statute (ARS) 28-1381.

If you have been charged with DUI in Arizona, your Arizona DUI defense attorney is responsible for making sure the prosecutor and the court interpret Arizona’s DUI statute correctly and apply it fairly. Call us at (480) 248-7666 to set up an initial consultation to review the DUI charges you face and your legal defense options.

Here, we take an in-depth look at ARS 28-1381 to explain how it works, including how it relates to other Arizona statutes.

How ARS 28-1381 Defines Key…
Continue Reading ARS 28-1381: Driving Under the Influence in Arizona

It can be tempting to think of driver’s license suspensions and revocations in Arizona as two ways of saying the same thing. However, these are distinct concepts with different consequences and different procedures to restore your driving privileges.

In this post, we examine the differences between a suspended and revoked license in Arizona.

What is a License Suspension in Arizona?

A license suspension is a temporary removal of your driving privilege in Arizona. The Motor Vehicles Division (MVD) of the Arizona Department of Transportation is the agency that handles license suspensions.

Reasons for Driver’s License Suspensions

Your license can be…
Continue Reading Suspended vs Revoked Licenses in Arizona

If you drive or are in actual physical control of a motor vehicle in the state of Arizona, and a police officer has reasonable grounds to believe you are under the influence of alcohol or drugs, then under Arizona law, you are subject to the state’s implied consent law.

The implied consent law means that if you fail to expressly agree to submit to a breath test sample and/or a blood and/or urine test to assess how much alcohol or drugs are in your body, you will be subject to automatic 12-month suspension of your Arizona driving privileges.

The license…
Continue Reading Implied Consent Law in Arizona: ARS 28-1321

In Arizona, “actual physical control” of a motor vehicle is a factual concept that can lead to a driving under the influence (DUI) conviction, even if you are not actively driving.

Actual physical control describes current or imminent control of a vehicle that poses a real danger to you or to others when you are impaired by alcohol, drugs, and/or vapor.

Arizona Revised Statute (ARS) 28-1381 is the primary DUI statute in Arizona.

Arizona law does not distinguish between driving and being in “actual physical control” for purposes of charging you with a DUI offense. Thus, it is important to…
Continue Reading Actual Physical Control in Arizona: ARS 28-1384

Federal laws can apply to criminal offenses on federal and tribal lands in Arizona, like Grand Canyon National Park, other land owned by the Federal Government (Bureau of Land Management), and tribal reservations. These laws include prohibitions against driving under the influence (DUI) of alcohol and/or drugs and/or vapors.

On federal and tribal lands, many DUI cases are handled under Arizona’s state DUI laws via the Assimilative Crimes Act and the penalties are set forth by Arizona’s state DUI laws, which can include up to six months in jail, fines of up to $5,000, and probation for up to five…
Continue Reading DUI on Federal or Tribal Land in Arizona

Wrong-way driving in Arizona is a serious matter because the risk of a head-on collision between two motor vehicles is high, which often results in serious injuries and fatalities. Under Arizona law, a wrong-way driver can be subject to both criminal and civil liability.

In this post, we discuss Arizona’s laws relating to wrong-way driving, the possible penalties you can face for wrong-way driving, and possible defenses to a wrong-way driving charge.

Rosenstein Law Group represents drivers accused of wrong-way driving in the state of Arizona. If you are facing a charge of wrong-way driving, including a larger charge like…
Continue Reading Wrong Way Driving in Arizona: ARS 28-694

In the exercise of their official duties, law enforcement personnel have broad authority to give directions and orders to you. The source of much of this authority comes from Arizona Revised Statutes (ARS) Section 28-622. If you fail to comply with the lawful orders or instructions of a police officer, then you can be charged with a Class 2 misdemeanor offense.

ARS 28-622 is a simply-worded statute that has been the subject of many legal disputes. If you have been charged with failure to comply under this law, Rosenstein Law Group can help you fight the charge and work…
Continue Reading Failure to Comply with a Police Officer in Arizona: ARS 28-622

Under Arizona law, there are two kinds of speeding: exceeding reasonable and prudent speed and excessive speeding, which is commonly known as criminal speeding. Criminal speeding is the more serious offense and is a Class 3 misdemeanor that stays on your criminal record.

In this post, we cover what criminal speeding is in Arizona, the penalties for criminal speeding, and defenses if you are charged with criminal speeding.

If you have been charged with criminal speeding in Arizona, Rosenstein Law Group can represent you and work to obtain the best possible outcome. Call us at (480) 248-7666 to speak with…
Continue Reading Criminal Speeding in Arizona: ARS 28-701.02

Under Arizona Revised Statute 28-695, aggressive driving can result in a Class 1 misdemeanor conviction—the most serious level of misdemeanor offense in Arizona.

Examples of aggressive driving include speeding while also committing two of the following: tailgating, making an unsafe lane change, cutting off other drivers, and blocking another car from changing lanes, and your driving posed an immediate hazard to another person or vehicle.

In this post, we analyze how Arizona law defines aggressive driving, what the possible penalties are for an aggressive driving charge, and some possible defenses you may have if the police charge you with aggressive…
Continue Reading Aggressive Driving in Arizona: ARS 28-695