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 »
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 »
08|2022
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 »
08|2022
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 »
08|2022
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 »
07|2022
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 »
07|2022
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 »
