Get free answers to your DUI / DWI legal questions from lawyers in your area.
answered on Apr 27, 2022
Yes! Once you have completed ALL requirements for your DUI conviction, then you can apply for a Set Aside. All requirements means you have completed the jail, counseling, IID (if ordered in an extreme DUI), FINES, and anything else ordered by the judge. Usually most people are on a payment plan for... View More 
If so will ahcccs cover it or how much is it
answered on Feb 14, 2022
If by drug screening you are referring to UA ordered by Court/probation/pretrial services to determine whether there are any drugs in your system, typically you will be ordered to a specific provider such as Averhealth. You will have to go to that provider unless you will get permission from the... View More
I have two charges that were based on thr black box of the car (Event Data Recorder) extractEd 4 months after the accident. The charges are speed and Reckless Driving.
The officer who charged me had no experience dealing with the EDR, and I had an altercation with him which resulted in me... View More
answered on Feb 14, 2022
The judge is correct the time to argue facts are trial. I understand this is not the answer you were hoping to hear, in criminal cases there is not a Motion for Summary Judgment where you are permitted to get a ruling of guilty or not guilty based on undisputed facts prior to trial. You can... View More
I was given a breathalyzer and field sobriety test, arrested. Then released about an hour later. I was given a traffic ticket and complaint for DUI .08%, DUI slightest, and no lights. I have a court date. Why isn’t my case showing online?
answered on Feb 1, 2022
Likely one of two things are happening.
1. The officer has not filed the Complaint yet with the Court or it was recently filed and has not been processed yet in Court. Normally it will take a couple days from the arrest for the Complaint to be reflected in the court system online.... View More
I was sleeping parked on the side of the road. No one was hurt, i did get little scratch on the car from scrapping a business gate (very minor). I did comply with the police. They said since I complied with them they will put down that i did comply and made it easier for them. I am trying to see if... View More
answered on Oct 11, 2021
We strongly recommend that you consult with an attorney prior to taking any plea offer. Our Attorneys have successfully gotten cases with similar facts dismissed. Our office can get you in with an attorney today. Please reach out to schedule your strategy session. 480 923 9001.
answered on Apr 14, 2021
Yes, for an alcohol DUI the interlock restriction will remain with the MVD when you reinstate your driving privileges.
Why did t the police do this on the date of the "DUI"? I wasn't even given a court date. Just a impounded vehicle and this paper that says my dui charges and that I have to show up on a wed. at least 10 days from date of ticket to get thos done. No court date. They couldn't... View More
answered on Jan 12, 2021
Yes you should go. That is a court order.
It sounds as though you were cited and released. Fingerprinting is part of the booking process had the arresting officer decided to book you into jail you would’ve already been printed.
Lastly, your cooperation is in no way an admission of guilt.
I was scratching a lottery ticket and I didn't think I was sleeping but the cop said he was standing there for "5 mins" I was arrested and charged with 2 DUI's. Blew 0.00 blood could not be drawn and urine sample was taken. I told the officer that my pee would not be clean but I... View More
answered on Jan 11, 2021
You should contact a criminal defense attorney as soon as possible. Peoria often draws blood so it is curious as you post blood could not be drawn. A urine test may have issues with the results. There also may be an issue as to driving or actual physical control. You should avoid posting any... View More
answered on Dec 16, 2020
If by unsettled DUI in Florida you mean you have an active warrant for your arrest to appear in Florida, you'll need to quash the warrant and remove the hold on your license there before Arizona will issue a license. You should contact an attorney licensed in Florida to address the Florida DUI.
Im confused on the concept so does a DUI time start the day you were caught or the day you were convicted? Im asking because im currently seeking a set-aside.
answered on Dec 10, 2020
The length of time both since the date of arrest and date of sentencing can both be used as factors for considering a set aside. Although it depends on the judge, even more important is usually the length of time since completing the sentence. This is also a specific factor to be considered under... View More
I failed due to not walking straight said officer but had foot surgery while back so hard to put full pressure on it. I plead the 5th after that and was arrested. The other officer searched my car without my permission and found a pipe what do I do
answered on May 10, 2020
You were correct to plead the 5th, many people fail to assert their right to remain silent.
Unfortunately the court will usually find the search to be lawful since it will be considered a "Search Incident to Arrest". You will most likely be charged with a drug DUI due to the... View More
answered on Apr 23, 2020
An attorney would need to look at the docket for your case and see what type of court hearing you have. It's hard to say with the current information provided.
answered on Apr 23, 2020
There are no guarantees as to what will increase or decrease jail time. Arguments to "aggravate" or "mitigate" a sentence can be made by the defense attorney and the prosecutor, and the judge will ultimately make the decision. If your defense attorney can successfully show... View More
answered on Mar 18, 2020
At an Early Disposition Court session, you as a defendant will be arraigned, and a plea agreement will be offered by the County Attorney. If you accept the plea agreement, sentencing will occur that day or at an EDC session. If you do not accept the offered plea agreement, you will be allowed time... View More
For the purposes of a DMV hearing to determine if my BAC was 0.080 or greater, my two readings (Intoxilyzer 8000) were 0.080 (equal to) and 0.077 (less than). Is the administrative judge required to use the lower, average or higher value in that determination?
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answered on Feb 10, 2020
The Administrative Law Judge is not required to go with the lower or higher BAC only, as they will take both into consideration. I do not know the specifics of your case and recommend you contact me directly if you want more help at 602-900-6642.
In most MVD hearings the judge is looking... View More
answered on Dec 3, 2019
If his previous DUI was within 7 years, he will considered a second time offender. This changes the amount of jail time (minimum of 120 days) he faces, the fines, and other sanctions. If he received the second DUI while he was required to have an interlock or he did not have a license, he will... View More
his car got towed and he is homeless and he has no money to get his car out
answered on Nov 19, 2019
Your friend needs a criminal defense attorney, but none of them saw your post under DUI or Insurance Defense. Maybe in the interest of time, instead of reposting, you could just reach out to criminal defense attorneys you see on this site or through your own searches. Based on your description of... View More
What do you think she is facing?
answered on Nov 7, 2019
If she was charged with a misdemeanor Extreme DUI, she is facing 30 days - 6 months in jail, up to 5 years of probation, and a substantial amount of fines/fees along with other consequences such as loss of license, SR22 insurance, etc. She needs the assistance of an experienced DUI attorney. Most... View More
I did not receive an "Admin Per Se/Implied Consent Affidavit" when cited (BAL 0.07) so my license was returned to me. Will my license only be suspended if found guilty of the above charge or will it be automatically suspended at some future date?
answered on Oct 30, 2019
If you are found guilty of DUI impaired to the slightest degree you will get a 90 day license suspension + a 1 year interlock requirement by MVD. The suspension will happen after you are found guilty of DUI on your court case because MVD will receive an abstract from the Court saying you were... View More
My daughter caused an accident while driving with a BAC over .15 and had a child in the car at the time. She is being charged with 4 different counts of Aggravated DUI Felony 6. How much jail time is she looking at here?
answered on Oct 17, 2019
Hello and thanks for the question. Unfortunately, it is impossible to give a precise answer without more information. To get the best answer, we will need to know about her criminal history. If she has no prior felony convictions of any kind, in any state, the minimum jail term is 10 days. If... View More
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