Latest from Arizona DUI Defense Blog

In many cases, you can get a pilot’s license with a DUI, but it can create serious problems.

The Federal Aviation Administration (FAA) does not automatically deny every pilot or student pilot because of one DUI arrest or DUI conviction. However, the FAA treats alcohol-related driving events as safety issues, and pilots have strict reporting obligations after certain DUI-related events.

If you are a pilot, student pilot, or prospective aviator facing a DUI in Arizona, contact Rosenstein Law Group at (480) 248-7666 for a free consultation. 

Can You Become a Pilot with a DUI?

A DUI can make the process
Continue Reading Can You Get a Pilot’s License with a DUI?

There is no single answer to how long after you smoke you can get a DUI in Arizona. There is no safe waiting period and no fixed number of hours after smoking, vaping, or consuming marijuana that protects a driver from a DUI charge. 

The impairing effects usually fade within a few hours, but that is not the same as being impaired to the slightest degree under ARS 28-1381.

Active THC can remain detectable in blood for a day or more, in saliva for roughly one to three days, and in urine for several days to a month or longer
Continue Reading How Long After You Smoke Can You Get a DUI in Arizona?

Applying Arizona DUI laws to different forms of transportation can be complicated. Whether you can get a DUI on a skateboard in Arizona depends largely on how Arizona law defines a vehicle and whether the person is in actual physical control of a vehicle under the state’s DUI statute.

In most situations, a traditional skateboard is not treated the same way as a car, truck, motorcycle, or other motor vehicle. That means a DUI on a skateboard is generally different from a standard Arizona DUI case. 

However, that does not mean an intoxicated person on a skateboard cannot be arrested
Continue Reading Can You Get a DUI on a Skateboard in Arizona?

In Arizona, no statute explicitly says riding a horse while intoxicated is sufficient for a DUI charge. Arizona DUI law focuses on whether a person was driving or in actual physical control of a vehicle while impaired, so the issue is whether a horse is a vehicle.

However, that does not mean riding a horse drunk is safe or risk-free. A person riding a horse under the influence in Scottsdale, Phoenix, or elsewhere in Maricopa County could still face an arrest, criminal charges, disorderly conduct allegations, animal cruelty issues, or other penalties depending on what happened.

If you were arrested
Continue Reading Can You Get a DUI on a Horse in Arizona?

You cannot get a motorcycle license in Arizona while your driver’s license is suspended or revoked due to a DUI.

Your Arizona driver’s license is a single credential that covers every kind of motor vehicle you operate. Hence, a DUI conviction affects your right to ride a motorcycle in the same way it affects your right to drive a car. You cannot bypass a DUI suspension by applying for a separate motorcycle license; Arizona simply does not work that way.

The good news is that once you complete your suspension or revocation period, satisfy any ignition interlock and SR-22 obligations,
Continue Reading Can You Get a Motorcycle License With a DUI in Arizona?

Can you get a DUI for sleeping in your car in Arizona? Yes, and it happens more often than people realize. 

You probably already know it’s illegal to drive under the influence of alcohol or drugs (DUI), but you may not know that Arizona’s “actual physical control” (APC) law can lead to a DUI charge even when your vehicle never moves. Under APC, you can legally be in control of a motor vehicle while asleep inside it, and that is enough for police to make an arrest.

In this post, we discuss what actual physical control means under
Continue Reading Can You Get a DUI for Sleeping in Your Car in Arizona?

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?