08|2023
Reckless driving in Arizona occurs when a person operates a vehicle in a manner that exhibits a willful disregard for the safety of people or property. Indeed, this offense is a Class 1 or Class 2 Misdemeanor in Arizona, depending on whether it is a second or first offense, respectively. Specifically, Arizona Revised Statute 28-693… Read more »
04|2023
What is an underage DUI in Arizona? Arizona has a special “Baby DUI” for underage drivers who consume alcohol or drugs prior to driving. A.R.S. 4-244(34) defines “Baby DUI”. Indeed, the difference between an underage driver DUI and an adult driver DUI comes down to proof requirements. In an adult DUI, the State must prove… Read more »
01|2023
An Aggravated DUI driving wrong way on the highway is a class 4 felony in Arizona. A.R.S. 28-1383(A)(5) defines the elements of the offense the State must prove beyond a reasonable doubt. Indeed, the State must prove a person was (1) driving or in actual physical control of a motor vehicle; (2) while impaired or… Read more »
01|2023
An Aggravated DUI Due to an Ignition Interlock Device requirement is a Class 4 Felony in Arizona. ARS 28-1383(A)(4) defines this offense. Indeed, a person who (1) drives or is in actual physical control of a motor vehicle; (2) while impaired or with a blood alcohol content of .08% or greater; (3) and required to… Read more »
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
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
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 »
