Arizona DUI Defense Blog

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Arizona’s driving under the influence (DUI) laws are notoriously strict. For example, Arizona is one of many states that makes spending at least one day in jail mandatory for all DUI arrests – even if you are later found not guilty of the charges against you. The full length of time that you will spend in jail for a DUI conviction, however, will depend on the circumstances surrounding your arrest and the charges entered.
Mandatory Jail Time for a DUI Arrest in Arizona
Arizona law requires a minimum of one day in jail for anyone who is arrested or charged
Continue Reading Do You Go to Jail for a DUI?

Arizona is known for being one of the toughest states when it comes to penalizing crimes, including driving under the influence (DUI) of drugs or alcohol. Receiving a DUI conviction in Arizona can come with serious consequences such as a felony on your record, in some circumstances. Although the typical DUI in Arizona is treated as a misdemeanor, extenuating circumstances can lead to felony charges and enhanced penalties.
Most DUI Charges Are Misdemeanors
According to Arizona Revised Statutes (A.R.S.) Section 28-1381, driving under the influence means to be in actual physical control of a motor vehicle, even if the
Continue Reading Is a DUI a Felony?

Whether you can get a driving under the influence (DUI) charge while driving drunk on your own property or someone else’s privately owned property depends on the circumstances and the laws that apply in your state. In Arizona, the state’s DUI laws do not change whether a driver is operating under the influence on public or private property. This means it is possible to get a DUI on private property in Arizona. In other states, however, the rules may differ.
Arizona’s DUI Laws on Private Property
It is illegal in all 50 states to operate a motor vehicle on a
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You might know that it is illegal to operate a motor vehicle under the influence of drugs or alcohol, but you may not realize that drunk driving laws also apply to other types of vehicles, such as golf carts. It is your responsibility to operate a golf cart within the rules and regulations of your state. If you operate a golf cart while impaired, you could face criminal charges and related penalties for driving under the influence (DUI).
Golf Carts Qualify as Motor Vehicles
Although the laws vary from state to state, most states classify golf carts as motor vehicles.
Continue Reading Can You Get a DUI on a Golf Cart?

Alcohol already has a dehydrating effect on the body; if you are drinking alcohol on a hot summer’s day in Arizona, this can dehydrate you even faster. Although heat and dehydration themselves will not make you drunk, they can intensify the effects of alcohol. You may be more likely to be arrested for driving under the influence (DUI), therefore, after drinking on a hot day.
How Does Alcohol Dehydrate You?
Alcohol can dehydrate you because it is a diuretic. This means it rids your body of sodium and extra water. Consuming alcohol causes your body to remove fluids from
Continue Reading Effects of Heat & Dehydration on BAC Level

An officer’s conduct during an arrest is not beyond scrutiny in a criminal case. If the officer did something wrong, such as violating a suspect’s civil rights, it can make the arrest invalid – potentially leading to case dismissal. A potential argument against a police officer in Scottsdale is that he or she made the arrest outside of the officer’s jurisdiction. Whether or not this defense is valid depends on the situation.
The Answer: It Depends
For the most part, an officer must remain in his or her territorial jurisdiction. However, there are exceptions where an arrest is allowed outside
Continue Reading Can a Police Officer Arrest Me Outside of Their Jurisdiction?

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. 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
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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
Continue Reading Should I Plead Guilty or No Contest to DUI? Or Fight It?

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
Continue Reading How Does a DUI Trial Work?

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
Continue Reading What Happens When You Get Your Third DUI?

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
Continue Reading What Happens When You Get a Second DUI?

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
Continue Reading What Happens When You Get Your First DUI?

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
Continue Reading How Much Does a First Offense DUI Cost?

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
Continue Reading What Is a Restricted License?

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
Continue Reading DUI Case: Difference Between Motor Vehicle Department (MVD) vs Court

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
Continue Reading DUI arrests down during 2020 holiday season … due to COVID?