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...
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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,...
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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),...
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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...
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What is a Misdemeanor Initial Appearance?
A misdemeanor initial appearance is the first hearing for a misdemeanor prosecution in Arizona. This hearing is also know as a misdemeanor arraignment. At this hearing, the judge will confirm identity...
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Misdemeanor Consequences in Arizona
Misdemeanor consequences in Arizona carry up to six months jail and a fine not to exceed $2500. Arizona’s limited jurisdiction courts (local municipal and county justice courts) handle misdemeanor...
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Are Blood Draws in DUI Cases Legal?
A common DUI question asked is whether blood draws are legal in Arizona. The answer to that question is “Yes.” Law enforcement may choose to administer a breath, blood and/or urine test if probable...
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What is DUI Impairment to the Slightest Degree?
DUI Impairment to the Slightest Degree per A.R.S. §28-1381(A)(1) is a Class 1 Misdemeanor in Arizona. This offense requires the State to prove impairment, and is the only DUI theory requiring such. In...
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What is a Super Extreme DUI In Arizona?
A “Super Extreme” DUI in Arizona is a Class 1 Misdemeanor per A.R.S. §28-1382(A)(2). To convict, the State must prove a person’s blood alcohol content is above a .20% within two hours of...
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What is an Extreme DUI in Arizona?
An Extreme DUI is a Class 1 Misdemeanor in Arizona. For a conviction, A.R.S. §28-1382(A)(1) requires the State to prove a person drove or was in actual physical control of a motor vehicle. And, the...
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