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. [...]
When you go out drinking and end up having too much to drive yourself home, the best thing you can do is get a ride from someone sober. Right? While this is generally true if you catch yourself before you get behind the wheel, if you start driving and then decide to stop, getting a [...]
Under Arizona law, when the police test your blood alcohol concentration (BAC) during or after a drunk driving traffic stop, you have the right to request independent testing. Obtaining an independent test of your BAC can be extremely important, and even requesting an independent test can help defend against a drunk driving charge in some [...]
In Arizona, the cops have plenty of ways to catch drunk drivers and provide prosecutors with the evidence they need to secure convictions. While there is no excuse for getting drunk and then getting behind the wheel, if you make this mistake, you should do everything you can to mitigate your risk of facing the [...]
Many people assume they cannot get charged with driving under the influence (DUI) if they are on private property—and in some states, they may be right. In Arizona, however, this is not the case. Arizona’s DUI statutes do not distinguish between public and private property, which means that you can be arrested for driving [...]
What does it mean to be “driving under the influence”? To most people, it simply means drinking and driving. But, if you have been charged with driving under the influence (DUI) in Arizona, you need to understand what constitutes clearly – and what does not constitute – a criminal act under Arizona law. In many [...]
You got pulled over in Phoenix, you blew above the legal limit, and you got arrested for driving under the influence (DUI). You decided to drink and drive, and you got caught. There is no excuse for what you did, and, as far as you can tell, you do not have a defense. So, is [...]
When the police pull you over on suspicion of driving under the influence (DUI) in Arizona, you are required to submit to a breath test if requested to do so. This is based on the state’s “implied consent” law. Under Section 28-1321.A. of the Arizona Revised Statutes: “A person who operates a motor vehicle [...]
