Lawyers, Answer Questions  & Get Points Log In
Arizona DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Arizona on
Q: I got my first dui in Arizona. I was charged for a basic dui at .144pbt and i got blood drawn at the station.

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... Read more »

Michelle Villanueva Skura
Michelle Villanueva Skura 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.

1 Answer | Asked in DUI / DWI for Arizona on
Q: If the interlock was required 10.5 years ago, do I still need to get it now if I didn't then?
Matthew Maerowitz
Matthew Maerowitz answered on Apr 14, 2021

Yes, for an alcohol DUI the interlock restriction will remain with the MVD when you reinstate your driving privileges.

1 Answer | Asked in DUI / DWI for Arizona on
Q: I'm required to go to the police station that I was taken to on the 8th to get fingerprinted n mugshot. Should I go?

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... Read more »

Brian C. Soto
Brian C. Soto 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.

2 Answers | Asked in DUI / DWI and Constitutional Law for Arizona on
Q: I got arrested because I unfortunately decided to rest my eyes for a sec while I was parked at the gas station.

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... Read more »

Matthew Maerowitz
Matthew Maerowitz 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... Read more »

View More Answers

1 Answer | Asked in DUI / DWI for Arizona on
Q: If I live in Arizona and got a UNSETTLED DUI in Florida over 35 years ago how can I get my licence reinstated in AZ?
Matthew Maerowitz
Matthew Maerowitz 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.

1 Answer | Asked in DUI / DWI for Arizona on
Q: I had a question about when a DUI starts aging is it the day you were caught or the day you were convicted with a 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.

Matthew Maerowitz
Matthew Maerowitz 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... Read more »

1 Answer | Asked in Car Accidents and DUI / DWI for Arizona on
Q: Crashed my car by falling asleep cop charged me with a DUI for failing the suberiaty test.

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

Michelle Villanueva Skura
Michelle Villanueva Skura 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...
Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: I have warrant for first time DUI in Arizona for over three years. Does having a warrant that long increase jail time?
Stewart Salwin
Stewart Salwin 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... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: I was charged with a DUI @my arrangement hearing the judge said there was no probable cause but still have court why
Stewart Salwin
Stewart Salwin 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.

2 Answers | Asked in Immigration Law, Criminal Law and DUI / DWI for Arizona on
Q: If a illegal immigrant has EDC Court , what will most likely happened on that day
Adan Vega
Adan Vega 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... Read more »

View More Answers

1 Answer | Asked in DUI / DWI for Arizona on
Q: DMV hearing, which BAC reading will be used?

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?

Zachary Divelbiss
Zachary Divelbiss 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...
Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: If my brother has a DUI, and now he got a extreme DUI what happens next
K. Bryan Goodman
K. Bryan Goodman 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... Read more »

1 Answer | Asked in DUI / DWI and Insurance Defense for Arizona on
Q: my friend got tonight arrested because of not pay of his insurance, but i pay for his insurance and something went wrong

his car got towed and he is homeless and he has no money to get his car out

Tim Akpinar
Tim Akpinar 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... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: My girlfriend recently got extreme DUI and it has been eleven years from the last one which she did 4 months in prison.

What do you think she is facing?

K. Bryan Goodman
K. Bryan Goodman 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... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: DUI - Impaired to the slightest degree citation (BAL < 0.08). When will my license be suspended?

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?

Matthew Maerowitz
Matthew Maerowitz 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... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: How much jail for 4 counts of aggravated DUI for causing an accident with a minor in the vehicle. All Felony (6)

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?

K. Bryan Goodman
K. Bryan Goodman 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... Read more »

2 Answers | Asked in DUI / DWI for Arizona on
Q: I'm trying to educated my 17 year old daughter of the legal consequences of driving while high on marijuana.

But I can't find any exact information, everything refers to alcohol. I would like to know about jail time, licence suspension, fines. For both her as a minor and her parent.

Matthew Maerowitz
Matthew Maerowitz answered on Oct 16, 2019

Great place to look is Chapter 4, Title 28 of the Arizona Revised Statutes. It's available online to the public at https://www.azleg.gov/arsDetail/?title=28

View More Answers

2 Answers | Asked in DUI / DWI and Constitutional Law for Arizona on
Q: My husband was just picked up on a warrant for an aggravated DUI that he did not even know about.

Arizona. Advice please.

What is statue of limitations?

Matthew Maerowitz
Matthew Maerowitz answered on Oct 9, 2019

There was likely a medical blood draw that was used by police to determine the presence of alcohol and/or drugs. Normally a single vehicle collision on its own will not be sufficient to be allege the DUI as aggravated so more information would be needed. The best advice I can give is to consult a... Read more »

View More Answers

1 Answer | Asked in DUI / DWI and Traffic Tickets for Arizona on
Q: How to resolve an open reckless driving from 13 years ago in NM if you are living in Phoenix AZ?
K. Bryan Goodman
K. Bryan Goodman answered on Sep 17, 2019

Hello. You will need to contact an attorney in the city/town/county were the conduct occurred. Attorneys can only represent people in a State where they are licensed to practice law so it is unlikely you will be able to hire a local Phoenix attorney that is also licensed in New Mexico. You may be... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: My friend was at a bar, not drinking, and someone offered him coke,

As he started driving he smoked a cig and then it made it worse, he couldn’t feel anything, could barley move, he put on his hazards and pulled over. He fell out his car and realized he couldn’t walk. He called a ambulance. At the hospital they found that the coke he tried was laced with... Read more »

Matthew Williams
Matthew Williams answered on Aug 29, 2019

It's still a DUI. He should hire an attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.