Clear Glass Mug Filled with Beer


5 DUI Defenses in Arizona

What are 5 DUI defenses in Arizona? This is a common question due to how harshly Arizona prosecutes DUI cases. A conviction carries far-reaching impacts and consequences. Indeed, it could destroy a person’s life. Luckily, DUI defenses could be available depending upon the specifics of each case. A defendant asserts a DUI defense at trial… Read more »

Blind-folded Gold Lady Justice Holding Sword in Left Hand and Scales of Justice in Right


Can A Trial Proceed Without the Victim?

Can a criminal trial proceed without a victim? There is a misconception the State must dismiss the case without victim appearance. Indeed, there are some circumstances the State may proceed to trial and obtain a conviction without a victim’s appearance. However, the dismissal decision depends on the applicability of the rules of evidence and Confrontation… Read more »

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Is No Actual Physical Control a DUI Defense?

Is No Actual Physical Control a DUI defense? A common question asked is what are possible defenses to a DUI in Arizona.  Generally, DUI prosecutions may be difficult to defend against, because law enforcement officers are typically the eyewitnesses.  And for the most part, people believe police officers are honest. Nevertheless, defenses may be present,… Read more »

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Aggravated DUI License Suspended/Canceled/Revoked

Aggravated DUI License suspended, canceled, revoked, or refused is defined under A.R.S. 28-1383(A)(1). This section also includes a restriction due to a prior DUI. Indeed, this theory of Aggravated DUI is a Class 4 Felony. Under this section, the State need not prove the suspension, cancelation, or revocation was because of a prior DUI. However,… Read more »

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Gun Rights After a Domestic Violence Conviction

People often ask what their gun rights will be after a domestic violence (DV) conviction.  The short answer is there are state and federal restrictions on possessing a firearm.  Indeed, Arizona state law prohibits one from possessing a firearm while on domestic violence probation.   And the federal law prohibits any person with a certain type… Read more »

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What to Do During a DUI Investigation

A common question people ask is what to do during a DUI investigation.  There are definite things a driver should refuse when law enforcement asks.   But, there are certain things a driver should not refuse.  It is important for all citizens to know their rights during any investigation, including a DUI. What to Do During… Read more »

Police Car Close up of cab from passenger side rear with overhead red and blue emergency lights activated


Is the Breath Test Accurate?

Is the breath test accurate in determining blood alcohol content? Law enforcement has used chemical breath tests in DUI investigations for years. The breath test itself is simple enough. Indeed, a person blows into a long-straw like item attached to an instrument. This subsequently produces an alcohol percentage read. Is the Breath Test Accurate in… Read more »

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Domestic Violence Eligible Crimes

A.R.S. §13-3601(A) details the Domestic Violence (DV) eligible crimes in Arizona. Obviously, not every crime is a DV eligible offense. And not every defendant-victim relationship is domestic. Rather, the DV designation depends on two things: (1) the status of the defendant and victim’s relationship; and (2) whether the conduct falls into a specified category of crimes, discussed… Read more »

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What is a DUI Drugs or Metabolite?

DUI Drugs or Metabolite is a Class 1 Misdemeanor in Arizona.  This DUI theory criminalizes conduct for a driver having an illegal drug or non-prescribed drug in their system. Per A.R.S. §28-1381(A)(3), it is unlawful for a person to: Drive or be in actual physical control of a motor vehicle While any drug defined under… Read more »

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What is a Misdemeanor Pretrial Conference?

A misdemeanor pretrial conference occurs after the initial appearance and entry of the not guilty plea. But, it occurs before the trial. Indeed, a privately retained attorney will typically appear at the pretrial conference on a defendant’s behalf without the need for the defendant’s presence.  What Happens at the Misdemeanor Pretrial Conference? A misdemeanor pretrial… Read more »