Latest from Arizona DUI Defense Blog

If you have been arrested for driving under the influence (DUI) of alcohol or drugs in Arizona, then, depending on the nature of your conviction, your Arizona driver’s license may be subject to an administrative suspension in addition to any criminal sentencing.

Fortunately, Arizona law provides a path to a restricted license after a DUI — either through a restricted driving permit or through a special ignition interlock restricted driver’s license (SIIRDL). 

In this article, we explain how each option works, the mandatory hard suspension period you must serve in some instances, what steps you must complete, and
Continue Reading How to Get a Restricted License After DUI

Unlike some other states, neither Arizona law nor the Arizona Department of Transportation’s Motor Vehicles Division (MVD) does not use the terms “conditional license” or “conditional driving license” to describe a driver’s license with restricted driving privileges.

Instead, when we consider the question of a conditional license vs a restricted license, Arizona refers to two kinds of restricted licenses: a restricted driving permit and a special ignition interlock device restricted driver’s license (SIIRDL).

Both of these restricted licenses are forms of conditional licenses, in the sense that they place conditions on your ability to drive a motor vehicle when your
Continue Reading What is a Conditional License?

A hardship license is a limited driver’s license that lets you keep driving for essential activities — getting to and from work, school, or medical appointments — when your regular license has been suspended or revoked. In other states, you may also see this referred to as a hardship driving permit.

Arizona does not use the term “hardship license.” Instead, the Arizona Motor Vehicle Division (MVD) issues restricted driver permits that serve the same purpose. If you have searched for a hardship license in Arizona, what you are really looking for is a restricted driver permit.

In this article, we
Continue Reading What is a Hardship License?

The main difference between expunged and sealed records in Arizona is what each one does to the underlying record. Record sealing conceals a record from public view but does not vacate the conviction. Expungement—which is only available for specific marijuana offenses under ARS 36-2862—vacates the conviction and treats the offense as if it never happened.

Sealing and expungement are distinct legal remedies that are often confused with each other. Below, we explain what each does, who qualifies, how to file the petition, and how each affects what appears on a background check.

Why Use Rosenstein Law Group to Seal or
Continue Reading What is the Difference Between Expunged and Sealed Records?

Under Arizona law, it is unlawful to drive or be in actual physical control of a vehicle while you are under the influence of drugs or alcohol. This raises the question of whether a bicycle, or a motorized bicycle, can be considered a “vehicle” for purposes of Arizona’s DUI laws, and the answer is generally “No.”

Rosenstein Law Group represents Arizona residents charged with DUI offenses, including misdemeanor, extreme, super extreme, and aggravated DUI charges. In this post, we examine how Arizona law treats bicycles and electric bicycles under the state’s drunk-driving laws.

If you are facing DUI charges of
Continue Reading Can You Get a DUI on a Bike in Arizona?

Whether you can be charged with driving under the influence (DUI) of alcohol or drugs in Arizona depends in large part on some key definitions provided under Arizona law. 

Of particular importance is how the law defines what is, and is not, a “vehicle” for DUI purposes. 

Electric scooters are one form of transportation that can lead to some confusion about whether you can be arrested for DUI while riding one.

In this blog post, our DUI attorneys at Rosenstein Law Group consider how Arizona’s DUI laws apply to vehicles and whether an electric scooter qualifies as a vehicle under
Continue Reading Can You Get a DUI on an Electric Scooter?

Arizona has a “stop-and-identify” law, but it only applies in limited circumstances.

There are two common situations in which a police officer may ask you to provide identification:

  • Traffic stops when you are the driver, and
  • When a police officer has reasonable suspicion that you are, or are about to be, engaged in a criminal offense.

A violation of Arizona’s stop-and-ID law is a Class 2 misdemeanor.

In this blog post, Rosenstein Law Group examines what Arizona’s stop-and-ID law is, how it applies, the penalties for violating it, and possible defenses to a charge of violating it. If you
Continue Reading Is Arizona a Stop-and-ID State?

Arizona does not have a specific law that prohibits public drunkenness. Instead, being intoxicated in public often falls under the coverage of other state statutes, such as disorderly conduct charges under Arizona Revised Statutes (ARS) 13-2904, or local municipal laws/ordinances. 

Unlike DUI charges, which involve being in actual physical control of a vehicle while impaired, public intoxication in Arizona is not a standalone criminal offense—but the criminal behavior it can lead to carries real legal consequences.

ARS 36‑2031 prohibits counties and municipalities from passing or enforcing local laws that punish a person for being publicly intoxicated.

The Rosenstein Law Group
Continue Reading Public Intoxication in Arizona

If a law enforcement officer pulls you over for a routine traffic stop in Arizona, you are required under Arizona law to show your license to the officer if the officer makes a lawful order that you do so. 

If you do not comply with this request, you can be charged with a Class 2 misdemeanor. This type of charge—sometimes called a failure-to-identify offense—can result in criminal penalties, including fines and jail time.

In some cases, if the officer has reasonable cause that a passenger has committed a violation of Arizona law under Title 28 of the Arizona Revised Statutes
Continue Reading Failure to Provide Driver’s License in Arizona: ARS 28-1595

In Arizona, if you are charged with a criminal offense like driving under the influence (DUI) and do not plead guilty, you have one of two options: plead not guilty or plead no contest. 

Guilty and not guilty pleas are easy to understand, but a no contest plea is more complicated. In this blog post, we consider the details of entering a no contest plea to an Arizona DUI charge.

If you are facing a DUI in Arizona, an experienced DUI attorney like one at Rosenstein Law Group can help you understand whether to consider a no contest plea. Call
Continue Reading What is a No Contest Plea in a DUI Case?

DUI checkpoints are a common law enforcement tactic in Arizona. Generally coinciding with the busiest travel times, like state and federal holiday weekends. The goal of DUI checkpoints is to remove intoxicated and impaired drivers from the state’s roadways.

If you have been arrested at a DUI checkpoint, you may still have valid legal defenses available to you. The Rosenstein Law Group represents Arizona motorists charged with DUI offenses, and we can evaluate your case and your legal options in a free consultation. Call us at (480) 248-7666 to speak with one of our experienced Arizona DUI defense attorneys, or
Continue Reading Are DUI Checkpoints Legal in Arizona?

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