Countless Multi-Colored Pills

08|2022

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 »

Syringe injected to obtain Blood Draw

08|2022

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 cause exists. Blood Draws are Legal If Supported by Probable Cause The Fourth Amendment to the United States Constitution prevents the government… Read more »

Green mixed drink with mint leaves in a clear square looking glass

08|2022

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 other theories, the State must merely prove a blood alcohol content (“BAC”) above .08% or that a drug is present. In a… Read more »

friends toasting cocktail glasses together

08|2022

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 driving or being in actual physical control of a motor vehicle. Indeed, a conviction for a “Super Extreme” DUI carries liberty consequences… Read more »

cocktail on a table

07|2022

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 person’s blood alcohol content is above a .15%, but below a .20% within 2 hours of driving or being in… Read more »

gavel used in court

07|2022

Should I Hire A DUI Lawyer?

You got a DUI. What now? Should you hire a DUI lawyer? Jeremy Huss, an experienced Criminal Defense Attorney in Arizona has some guidance for you. Reasons one Should Hire a DUI Attorney Despite the hefty mandatory court fines flowing from a DUI conviction, retaining an experienced attorney competent in DUI investigations is always in… Read more »

07|2022

WILL I GET JAIL TIME FOR A DUI IN ARIZONA?

It is common knowledge Arizona carries some of the harshest DUI penalties in America. Specifically, this includes the state criminal prosecution as well as driver’s license ramifications. It would stand to reason that Arizona requires jail time for even a first-time DUI offense.   Mandatory 24-hour Jail Time The Arizona legislature fortunately revised the law in… Read more »

man in vehicle gets pulled over and looks behind him at police lights Jeremy Huss Arizona trial attorney

05|2022

When is a DUI a Felony in Arizona?

Every type of DUI in Arizona, misdemeanor or felony, carries at least some incarceration, heavy fines and stringent license and ignition interlock device requirements.