01|2023
Aggravated DUI with a Minor under the Age of 15 in the vehicle is a Class 6 Felony in Arizona. Indeed, this Aggravated DUI theory is the only felony DUI in Arizona punishable as a Class 6 Felony. Rather, the other four Arizona Aggravated DUI theories are all punishable as Class 4 Felonies. However, although… Read more »
12|2022
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 »
11|2022
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 »
11|2022
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 »
09|2022
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 »
09|2022
Facing DUI Charges in Arizona? Don’t navigate the court system alone. Call Huss Law for a free, confidential consultation with an experienced Arizona DUI attorney. Get Your Free Consultation → Gun Rights After Domestic Violence in Arizona | Federal vs State Law ☎ Call Huss 📧 Submit Online 🚨 URGENT: Call Former 13-Year Prosecutor 602-643-5595… Read more »
09|2022
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 »
09|2022
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 »
08|2022
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 »
08|2022
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 »
