Arizona DUI Defense Blog

Latest from Arizona DUI Defense Blog

Rosenstein Law Group Selected to Best Criminal Defense Attorneys List Rosenstein Law Group is proud to announce recognition from Expertise as one of the Best Criminal Defense Attorneys in Scottsdale, Tempe, and Mesa, Arizona. Expertise.com features only objectively quantified and qualified professionals hand-picked by their selection process. They scored 139 Scottsdale, 351 Mesa, and 143 Tempe Criminal Defense Attorneys on more than 25 variables across five categories, analyzed the results, and then published a hand-picked list of the best. Out of all the attorneys in both cities scored, Rosenstein Law Group was picked to be included in the top 17
If you get arrested for driving under the influence (DUI) in Arizona, it is critical to understand your rights as a defendant. Working with a Tempe DUI attorney can make all of the difference, as your lawyer can give you trustworthy legal advice from years of experience representing clients in DUI cases. Your lawyer can help you decide whether to plead guilty, no contest or not guilty, as well as explain how your plea will shape your future. What Does Pleading Guilty Mean? Pleading guilty means you are admitting that you committed a driving under the influence crime and are…
If you get arrested for driving under the influence, otherwise known as DUI, it is important to understand what legal processes are to come. The more you know about how a DUI trial works in Arizona, the more peace of mind you can have about your future. If you have never before been to court, the legal process can be intimidating. Hiring a Tempe DUI lawyer can make things easier for you and your family during this stressful time. Arraignment Hearing The arraignment hearing is typically the first time you will have to make a court appearance in a DUI…
Driving under the influence, referred to simply as DUI, is a crime that Arizona lawmakers take very seriously. The penalties associated with a DUI conviction are meant to dissuade the defendant and others in the community from committing the same wrongdoing in the future. These penalties increase with the number of drunk driving offenses committed by an individual. Receiving a third or subsequent DUI has severe consequences in Arizona. What Is a Third DUI? Driving under the influence in Arizona is a crime that refers to being in actual physical control of a vehicle while under the impairing influence of…
Driving under the influence (DUI) is a crime in all 50 states. DUI means to operate a motor vehicle under the impairing influence of drugs and/or alcohol. In Arizona, a driver is legally too intoxicated to drive with a blood alcohol content (BAC) of 0.08 percent or higher. It is also possible to get a DUI with a lower BAC if the driver is impaired. If you get convicted of a second or subsequent DUI in Arizona, the penalties increase. What Is a Second-Offense DUI? A second-offense DUI means receiving two driving under the influence convictions within a certain time…
If you or a family member was recently arrested for a first offense driving under the influence (DUI) crime, it is important to know what the future holds. The more you know about the criminal justice process surrounding DUI charges, the more peace of mind you can have about what comes next. For legal advice pertaining to your specific DUI case in Arizona, consult with a Scottsdale first offense DUI attorney. The Arrest Process The first part of a DUI case is the arrest. The law enforcement officer needs probable cause to pull you over. The officer must make…
Arizona lawmakers take driving under the influence (DUI) crimes very seriously. They deter drivers from operating under the influence of drugs and alcohol by penalizing these crimes harshly. After adding up the various expenses associated with a first offense DUI, this crime can cost thousands of dollars – more than most other types of first offenses. Fines and Penalties Based on surveys conducted throughout the U.S., the average first offense DUI costs around $6,500. This does not include lost income – the average of which was $4,400 – bringing the total cost to almost $11,000. This sum is broken down…
Driver’s license suspension is a common penalty assessed against someone who commits a traffic violation in Arizona, such as driving under the influence (DUI). If the offender needs his or her license to fulfill employment, education, or religious obligations, however, the courts may grant the offender a restricted or hardship license instead. This type of license allows the driver to only drive to certain places and/or at certain times. Read on to learn more and if you have additional questions regarding restricted licenses in Arizona, speak with a DUI lawyer in Scottsdale. Definition of Restricted or Hardship License in…
We get asked a lot, what is the difference between the Motor Vehicle Department and the Court in a DUI case? There will be both court dates and a Motor Vehicle Department (MVD) hearing in a DUI case in Arizona. After a DUI arrest in Arizona, you will have a hearing entirely separate for this with the Motor Vehicle Department (MVD). In addition to a battle in Court. Similarly, it’s essential to know that the criminal court process and the Motor Vehicle Department administrative side are not connected. Both of these entities progress through the matter separately. What to Expect…
DUI Arrests dropped in December during the 2020 holiday season, compared to 2019. Was this drop in DUI rates due to COVID-19? The holiday season is traditionally a big time for DUI arrests in Arizona. Every December, state troopers, sheriff’s deputies, and local police officers take to the highways and streets searching for alleged drunk drivers leaving holiday parties, bars, and restaurants. But as with most other things last year, December 2020 was different than usual. Number of Arizona DUI Arrests in December The Arizona Governor’s Office of Highway Safety reports that law enforcement made 1,729 arrests on suspicion of…
With nearly 225,000 registered weapons in 2019, Arizona ranks within the top percentage of gun ownership in the United States. People in Arizona own guns for many reasons including, but not limited to: Target practice and skeet shooting; Personal and family protection; and  Hunting large and small game. It is no surprise that drivers facing charges for driving under the influence of alcohol or drugs (DUI) want to know how a DUI conviction could affect their right to buy and carry a firearm in Arizona. Prohibited Possessors in Arizona Each state, including Arizona, designates classes of “prohibited possessors.” These are…
Horizontal Gaze Nystagmus (HGN) is a condition where the eyes make repetitive and involuntary jerking movements while gazing to the side. HGN is involuntary, and the person experiencing the condition is unaware it is happening. Typically the higher a person’s blood alcohol concentration, the sooner their eyes begin jerking as they move to the side. The Horizontal Gaze Nystagmus test is one of three National Highway Traffic Safety Administration (NHTSA) approved Standard Field Sobriety Tests. Law enforcement uses the HGN test to determine if a driver is driving while under the influence of alcohol.   The other two Standard Field Sobriety…
Law enforcement officers ask drivers they suspect of driving under the influence of alcohol or drugs to perform field sobriety tests, and drivers comply because these tests seem routine. Few Arizona drivers know they can refuse to perform these tests.  Before making any decisions regarding field sobriety tests, drivers should know the following: The federally approved standard field sobriety tests; Other common field sobriety tests used by Arizona officers; Reasons to decline performing field sobriety tests;   How to refuse an officer’s request to perform field sobriety tests; and Potential consequences for refusing field sobriety tests.   What Are Standard Field Sobriety…
One of the most common questions people ask our Scottsdale DUI lawyers is, “How do I pass a breathalyzer test?” The following article discusses the following: How breathalyzers work; Myths surrounding passing breathalyzer tests; and Conclusions on how to pass a breathalyzer test.  How Breathalyzers Work When a person consumes alcohol, alcohol travels to the stomach and small intestine, where it absorbs into the blood. The blood carries the alcohol throughout the body and into the brain and lungs. When a person who consumes alcohol exhales, they exhale that alcohol from their lungs. A breathalyzer measures the amount of alcohol…
Legalization Of Recreational Marijuana Use In Arizona – Does This Stop Users From Being Arrested And Charged For DUI By Drugs? Since the legalization of recreational THC use here in Arizona, we have fielded a lot of questions about whether police can still arrest drivers for DUI when all they have consumed is THC.  Our clients have asked things like “why did they arrest me for DUI last night?  I did not drink; all I did was smoke some weed a couple hours before.  It’s legal now right?” There are two different ways the State can prosecute someone for DUI…
Car accidents are the leading cause of death among healthy adults in the United States. The most common cause of fatal car crashes is drunk driving. While less than 4% of car crashes are related to drunk driving in Arizona, more than 30% of drunk driving crashes in Arizona are fatal. Due to the high fatality rate of drunk driving accidents, Arizona law enforcement dedicates much of their time and resources to removing drunk drivers from state and local roadways. One standard method law enforcement uses to crack down on drunk driving is the use of DUI checkpoints. A DUI…