Arizona DUI Defense Blog

Latest from Arizona DUI Defense Blog

In a year of pandemic, an economic slowdown and civil unrest, it is not surprising that the celebration of the nation’s birthday was also unusual. There were fewer fireworks displays than normal this year, less holiday traffic and dramatically fewer drunk driving arrests across Arizona. Big drop in 2020 According to the Arizona Governor’s Office of Highway Safety, 193 were arrested for DUI over the Fourth of July weekend (July 3 through July 5).  Last year, there were 512 DUI arrests over the holiday weekend – more than twice as many as this year’s total. Fifty-one of this year’s arrests…
Many who drive in the Phoenix metro area and elsewhere around Arizona would have expected the state to be ranked at the top of a list of worst drivers. So there might be a small sense of relief that Arizona drivers were only ranked the sixth-worst in the nation, according to a recent study. Financial advising company SmartAsset used data from four metrics to rank drivers in each of 50 states. They analyzed the numbers in each state’s percentage of insured drivers, fatalities per 100 million miles driven, internet search trends and the number of drunk driving arrests per 1,000…
Many Arizona workers rely on their commercial driver’s license (CDL) to support themselves and their families. The trucking industry in Arizona employs more than 100,000 employees. Construction workers often need to apply for a CDL to haul equipment or to operate heavy machinery as a part of their daily work. Bus, shuttle and limo drivers need a CDL to show that they can operate these large passenger vehicles. With your income and career at stake, it is important to know how a driving under the influence (DUI) conviction could impact the license that you rely on. Arizona has some…
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…
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…
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…
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…
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…