Latest from Arizona DUI Defense Blog - Page 3

Most people know that if a drunk driver causes a car accident, he or she can be held legally and financially responsible, or liable. What many people do not realize is that under Arizona law, the bar or establishment that served the drunk driver alcohol leading up to the crash could also be held liable. This is known as a dram shop law, and it only applies in specific circumstances.
Arizona’s Dram Shop Law
According to Arizona Revised Statute Section 4-311, a “dram shop” or licensed liquor provider could be found liable for property damage and personal injuries if
Continue Reading Is a Bar Liable for Their Patron’s DUI Car Crash?

In an effort to dissuade drivers from drinking and driving, Arizona penalizes DUI (driving under the influence of drugs or alcohol) crimes harshly. If you are convicted of a DUI, the repercussions could have a lasting impact on your life, career and future. Understanding the full ramifications of a DUI conviction can help you prepare for what’s next if you have been arrested for this crime.
Your Criminal Record
In Arizona, a driving under the influence conviction will remain on your criminal record forever. A DUI is a criminal conviction, which in Arizona cannot be erased or expunged. In
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Arizona is currently home to 22 Native American communities. Tribal lands account for about one-fourth of the state. On these lands, Native Americans are self-governing. If you get charged with driving under the influence (DUI) while on tribal lands in Arizona, here’s what you need to know about how your case will proceed.
Who Will Prosecute the DUI Case?
Determining jurisdiction for a DUI on tribal lands is difficult. If you are Native American, the tribe will have jurisdiction over your case. In Arizona, tribes also have jurisdiction over non-natives for any misdemeanor crimes charged on tribal land. Since most
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Under Arizona law, a driver could be arrested for driving under the influence (DUI) even without actually having driven a car. This is because Arizona law makes it illegal to be in “actual physical control” of a motor vehicle while under the influence of alcohol or drugs. However, whether being in physical control of a vehicle will lead to a DUI arrest depends on the circumstances.
Breaking Down Arizona’s DUI Law
Arizona’s law against driving under the influence is found in Arizona Revised Statute Section 28-1381. This law states that it is unlawful for a person to drive or
Continue Reading What Does “Actual Physical Control” Mean?

Arizona is known for being one of the harshest states in terms of its criminal penalties. A hit-and-run DUI crime is no exception; the consequences for committing this crime are severe. If you get arrested for an alleged hit-and-run DUI in Arizona, contact a criminal defense attorney immediately. Hiring an experienced DUI defense lawyer in Scottsdale is the best way to protect your rights, freedom and future when facing this charge.
What Is a Hit-and-Run DUI?
A hit-and-run DUI is a combination of two separate offenses. A hit-and-run crime is when a driver in Arizona fails to fulfill his or
Continue Reading Penalties for Committing a Hit-and-Run DUI in Arizona

The very name of driving under the influence (DUI) seems like this crime would require an individual to have been driving a motor vehicle at the time to make a DUI arrest. However, a look at the actual DUI statute in Arizona shows that someone could get arrested for driving under the influence of drugs or alcohol even if the car was parked, stopped or pulled over in a parking lot.
Arizona’s DUI Law: Actual Physical Control of a Vehicle 
The state’s drunk driving law, Arizona Revised Statute Section 28-1381, says that it is unlawful for a person to
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If you get arrested for driving under the influence (DUI) in Arizona, your case may involve mitigating or aggravating factors. Both could drastically change your sentence if found guilty of this crime. Mitigating factors are a good thing – they lessen the severity of the crime and could reduce your sentence. A DUI defense attorney in Scottsdale can help you understand how mitigating factors might impact your sentencing hearing.
What Are Mitigating Factors?
The definition of mitigating is to lessen the severity of something or make something less serious. In criminal law, a mitigating factor is an element of a
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There are currently 22 federally recognized Native American tribes in Arizona. The largest is the Navajo Nation, with a population of about 172,800. Native tribes have their own tribal police. These are law enforcement officers hired by the tribe. In general, tribal police only have jurisdiction over crimes committed within their reservations. In the past, they lacked the jurisdiction to arrest, charge and prosecute non-Natives. However, this changed with a Supreme Court decision in 2021.
What Is a Tribal Police Officer?
When motor vehicle drivers pass through tribal lands or Indian reservations in Arizona, they may encounter the tribal police.
Continue Reading Can a Tribal Police Officer Detain a DUI Suspect in Arizona?

Rosenstein Law Group is proud to announce that founder Craig Rosenstein, has been recognized by Phoenix Magazine as a 2022 Top Lawyer for his work in Criminal Defense. The prestigious award was peer-selected by other attorneys in the Valley.  PHOENIX Magazine’s Top Lawyers honor spotlights attorneys who have made an outstanding impact on Arizona. Attorneys are nominated and voted on by members of the State Bar of Arizona.
Craig Rosenstein is the founder and owner of Rosenstein Law Group, which opened in late 2007 in Scottsdale, Arizona. His primary practice areas are criminal defense and DUI Defense. He is a
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Rosenstein Law Group is proud to have 2 lawyers recognized by Best Lawyers® in 2023 in America. Craig Rosenstein and James David Smith were included in the 2023 edition of The Best Lawyers in America® for their work in DUI / DWI Defense, Criminal Defense: General Practice and Criminal Defense: White-Collar. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.
For the fourth year in a row, Craig Rosenstein has been selected by The Best Lawyers of America® to be recognized for his work in DUI/DWI Defense, Criminal Defense:
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An aggravated DUI (driving under the influence) crime is a felony charge in Arizona that is punishable with a mandatory minimum prison sentence of four months. Compared to a regular DUI and even an extreme DUI, the penalties connected to an aggravated DUI are very severe. It is important to contact a Scottsdale aggravated DUI defense lawyer in Scottsdale immediately if you are facing this type of criminal charge in Arizona.
What Is an Aggravated DUI Under ARS 28-1383?
An aggravated DUI conviction means that a driver is guilty of driving while intoxicated, along with one or more aggravating factors.
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An extreme DUI in Arizona is the crime of driving under the influence with a blood alcohol concentration (BAC) level of 0.15 percent to 0.199 percent. This crime is a class 1 misdemeanor in Arizona that can come with significant consequences, including a mandatory sentence of 30 days in jail. It is important to contact a Scottsdale extreme DUI defense defense attorney for help as soon as possible if you are facing extreme DUI charges.
What Is an Extreme DUI in Arizona?
Driving under the influence of intoxicating substances is against the law in all 50 states. The definition of
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Driving without a license does not put you above Arizona’s drunk driving laws. You can still be arrested and convicted of driving under the influence (DUI) in Arizona even if you don’t have a license. In fact, you will face additional charges and increased penalties on top of a DUI if you are illegally operating a motor vehicle without a valid driver’s license. It is important to contact a DUI defense attorney in Scottsdale immediately if you get pulled over while driving unlicensed.
What Is a DUI in Arizona?
No part of Arizona’s DUI law requires a driver to have
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No branch of the U.S. Armed Forces allows an individual with a driving under the influence (DUI) conviction to join. However, there are ways you can work around this rule if you wish to join the military with a DUI on your record. With assistance from a Scottsdale DUI lawyer, you can take advantage of expungements and loopholes to prevent one mistake from ruining your future.
What’s the Connection Between the Military and DUIs?
The military is very selective when choosing its new recruits. To join the military, an individual must go through a process known as a “
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It is not uncommon for drivers who are accused of driving under the influence (DUI) to wonder about the responsibility of the people who served them alcohol or encouraged them to drink past their limit on the day of an arrest. This may include a bar in Arizona, such as if a bartender continued to serve you despite the fact that you were obviously intoxicated. While it is possible for an injured DUI car accident victim to hold a bar responsible for damages, in some circumstances, you generally cannot sue a bar for your DUI as the drunk driver in
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If Arizona is tough on DUI (driving under the influence) offenders, it is doubly so to repeat offenders. However, the courts recognize that harsher penalties alone are not always enough to prevent a driver from repeating the same behaviors and misconduct. The root cause of the issue – the driver’s substance abuse problem – must be addressed for a long-term remedy to drunk driving. To address driving under the influence at its source, Arizona offers DUI courts and repeat-offender programs.
How Is a Repeat-Offender Penalized in Arizona?
Repeat DUI offenders present a threat to public safety in the
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