When you are facing a DUI charge, you need to make informed decisions based on accurate information and reliable legal advice. As a former Arizona criminal court judge, I have seen far too many cases of unrepresented defendants making extremely costly mistakes due to having fundamental misunderstandings of the law. Unfortunately, there are several myths [...]
Find Out What to Expect after Getting Arrested for Drunk Driving in Arizona from Our Tempe and Phoenix DUI Lawyers If you get arrested for driving under the influence (DUI) in Arizona and your blood alcohol concentration (BAC) according to a breath or blood test exceeds 0.08 percent (or if you refuse to submit to [...]
Learn what You Need to Know about the Field Sobriety Tests During a DUI Traffic Stop in Arizona from Phoenix DUI Defense Attorney Mark Weingart To arrest you for driving under the influence (DUI) in Arizona, the police officer who pulled you over must be able to establish “probable cause.” This requires much more than [...]
Nearly all law enforcement agencies in Arizona now use body-worn cameras to capture the events that occur during traffic stops and other interactions between officers and citizens. While body camera footage can either protect or condemn an officer who is accused of police misconduct, it can also play a key role in a DUI case [...]
The holiday season is almost here, and that means police departments throughout Arizona will soon be ramping up their efforts to stop and arrest drunk drivers. Studies show that drunk driving increases during the holiday season; and, in order to combat this, the police aggressively target individuals suspected of DUI specifically in November and December. [...]
If the police pull you over and ask you to take a breath test, can you refuse? Can the police require you to provide a blood or urine sample for chemical testing if you refuse a breath test? What happens if you still refuse to provide a sample? These are important questions, and they do [...]
In a “normal” DUI case, a driver’s blood alcohol concentration (BAC) will be key evidence of guilt (unless the driver’s BAC reading is unreliable or unavailable). However, BAC is irrelevant in marijuana DUI cases, and there is currently no comparable test the police can use to determine if a driver’s abilities are impaired by marijuana. [...]
Now that it is legal for adults over the age of 21 to possess and use small amounts of marijuana for recreational purposes in Arizona, we see an increased number of marijuana-related DUIs. While it may be legal to use marijuana for recreational purposes, it is still very much illegal to drive under the influence [...]
In Arizona DUI cases, the defendant’s blood alcohol concentration (BAC) can serve as strong evidence of guilt—as long as the defendant’s BAC test result is legally admissible in court. While the police typically test DUI suspects’ BAC with a breathalyzer device on the side of the road, in some cases, they will obtain a blood [...]
Most people don’t know that you don’t actually have to be driving to be convicted of DUI. “Actual Physical Control” in Arizona DUI Cases This is based on the language of Arizona’s DUI law, which makes it a criminal offense to be in “actual physical control” of a vehicle while impaired by alcohol or drugs. [...]
