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

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