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…
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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…
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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…
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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…
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Under Arizona Revised Statute 13-2508, resisting arrest occurs if you knowingly prevent or try to prevent a police officer from lawfully arresting you. You can be charged with resisting arrest even if the arrest attempt is legally invalid.

Ordinarily resisting arrest is a Class 6 felony in Arizona. This may be reduced to a Class 1 misdemeanor in some cases.

If you have been charged with resisting arrest under ARS 13-2508, the Rosenstein Law Group can protect your legal rights and represent you in plea negotiations as well as at trial. Call us at (480) 248-7666 for a free case…
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Although some states have specific statutes for the crime of vehicular assault, Arizona is not one of them. Instead, Arizona Revised Statutes (ARS) include motor vehicle assault offenses under the general crime of aggravated assault.

If you have been charged with aggravated assault with a vehicle (dangerous instrument), please call Rosenstein Law Group at (480) 248-7666 or use our contact form to speak with an attorney.

What is Aggravated Assault in Arizona?

ARS 13-1204 is Arizona’s aggravated assault statute. It expands on Arizona’s criminal misdemeanor assault statute, ARS 13-1203. So, before we discuss what an aggravated assault is, we…
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Under Arizona Revised Statutes (ARS) 4-244(41), anyone less than the legal drinking age of 21 years old is not allowed to consume any amount of alcohol. With only a few exceptions, this includes consumption of any kind of “spirituous liquor” by a minor.

This offense is often referred to as a “minor in consumption” charge, and if you are convicted, it can have serious consequences.If you or a loved one has been charged with minor in consumption under ARS 4-244(41), please call Rosenstein Law Group at (480) 248-7666 immediately.

What Does the Minor in Consumption Law Say?

The law…
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Rosenstein Law Group is proud to announce that 7 of our lawyers were recognized in the 2026 edition of The Best Lawyers in America® for their work in DUI / DWI Defense and Criminal Defense. This outstanding achievement reflects our unwavering commitment to providing the highest standard of legal representation to our clients.

Best Lawyers®: Guide to Legal Excellence

For over 40 years, Best Lawyers has been esteemed by both legal professionals and the public as a premier benchmark for legal integrity and distinction in the United States. Consequently, being recognized by Best Lawyers is a testament to exceptional practice.
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