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Arizona DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Arizona on
Q: If I have a DUI in Michigan and move to Arizona will the dui follow? I know Michigan does not participate in the NDR

I lived in Arizona before I had gotten the DUI in Michigan and I believe the license in Arizona is still valid

Zalman  Sapad
Zalman Sapad
answered on Oct 30, 2024

Best way to confirm whether or not Arizona Department of Transportation knows about your Michigan DUI is to call them and ask. You can also easily check the status of your Arizona driver license/driving privilege at AZMVDNOW.gov.

The DUI may not follow you in the sense of having license...
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1 Answer | Asked in DUI / DWI for Arizona on
Q: Is there any way to remove this from record?

I was charged with dui charge, DUI LIQUOR BAC .08 OR MORE - 1ST.

I pled guilty to a different charge, DUI LIQUOR/DRUGS 1st

Matthew Maerowitz
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Matthew Maerowitz
answered on Jun 20, 2024

The charges other than the one/s you plead guilty to should show up as dismissed. You can set aside any convictions after completing all terms of your sentence. If you don't want the case to be visible at all, you can request to seal your records. Normally the court will have information on... View More

1 Answer | Asked in DUI / DWI for Arizona on
Q: In Arizona is it legal to use a blood sample drawn 2 1/2 hours after being stopped?

The law in Arizona says it is Mandated that a blood draw must be taken 2 hours or less after being stopped or it is not admissible in court.

How can they attempt to use a retrograde extrapulation against you when the law states that is not admissible if taken after 2 hours?

The... View More

Matthew Maerowitz
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Matthew Maerowitz
answered on May 22, 2024

Generally, the law does not require blood to be drawn within 2 hours. I think you are confused with particular alcohol-related DUI charges, which require the State to prove alcohol concentration within two hours. As a result, officers are supposed to draw blood within 2 hours of driving or actual... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Arizona on
Q: Can you be arrested for Aggravated DUI when your weren't even driving, in front of your house ,with no keys in your poss

Police report says I was observed consuming alcohol and was not even driving or in possession of keys and no ethyl alcohol in my system can the police lie like that on the police report and a year later initially file charges for Aggravated DUI?

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2024

Based on the information you've provided, it seems unusual that you would be charged with Aggravated DUI a year after the incident if you were not driving, did not have keys in your possession, and had no ethyl alcohol in your system at the time. However, laws can vary by jurisdiction, and... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Arizona on
Q: I got a gun charge with a speeding ticket and dui what could I be facing
Marc David Pelta
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Marc David Pelta
answered on Dec 3, 2024

It depends upon many factors such as what your criminal history is like and what the facts of the case now are. Regardless, you should consult with experienced criminal defense counsel asap.

1 Answer | Asked in DUI / DWI for Arizona on
Q: My 74 year old mother was arrested 11/19 for DUI, she has a felony conviction for DUI and served 2 years.

Will the Prosecutor use this against her? Her prior conviction was 10 years ago

Marc David Pelta
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Marc David Pelta
answered on Nov 30, 2024

I am a former prosecutor. Yes, she or he will use the previous conviction and sentence against her. You should hire an attorney experienced in DUI litigation as soon as possible because there are also potential DMV consequences.

1 Answer | Asked in DUI / DWI for Arizona on
Q: I have been charged with a misdemeanor dui in Arizona I am moving out of state what can I do?

I was a resident of Missouri not Arizona during the time of my arrest and had a valid Missouri drivers license as well as Missouri registration insurance and tags and the officer suspended my Arizona license and the court failed to serve me with my court date

Matthew Maerowitz
PREMIUM
Matthew Maerowitz
answered on Nov 6, 2023

You will need to handle the DUI in AZ and should consult a DUI lawyer immediately. If the court was unable to serve you, then the Court likely issued a warrant for you arrest. Many lawyers offer free consultations. If you cannot afford a lawyer, one will be appointed to you because DUI in... View More

1 Answer | Asked in DUI / DWI for Arizona on
Q: what should a person do if they was arrested booked charged with a DUI and driving licence was suspended but had been

allowed to get the back and their no DUI on record after two weeks

Matthew Maerowitz
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Matthew Maerowitz
answered on Oct 2, 2023

Based on what you wrote, the admin per se Order of Suspension likely has not been filed yet and it is not uncommon for this to take 2 weeks or more from the arrest to get filed and processed with ADOT. You also have a limited window of requesting a hearing on the suspension. You should consult a... View More

1 Answer | Asked in DUI / DWI for Arizona on
Q: If the police give you a field sobriety test but you told them you have medical issues can test be invalid over 65 years
T. Augustus Claus
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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 7, 2023

In Arizona, if you have medical issues that could affect your ability to perform a field sobriety test, it's essential to communicate this to the police officers at the time of the test. They should take your medical condition into consideration and make appropriate adjustments to the testing... View More

1 Answer | Asked in DUI / DWI for Arizona on
Q: Am I condemn of my dwi for a lifetime?
T. Augustus Claus
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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 14, 2023

a DUI conviction remains on your driving record for a lifetime. However, the legal penalties and consequences for DUI offenses may vary depending on the specific circumstances and the number of prior convictions.

1 Answer | Asked in DUI / DWI for Arizona on
Q: dui sentencing was jail day abd 54 dui class plea do i have to COMPLETE or BE ENROLLED in the 54 classes by the date set

The letter just said DUI conseling by 05/15. But i dont know if that means to show proof of enrollment or completion.

Matthew Maerowitz
PREMIUM
Matthew Maerowitz
answered on Jun 1, 2023

Typically, the court will set a sentence review and just needs to see progress towards completing all terms of your sentence unless the sentencing was a long time ago. Part of it depends how long ago you were sentenced.

If the court sees proof of enrollment and progress towards the...
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1 Answer | Asked in Criminal Law and DUI / DWI for Arizona on
Q: Does rule 8 of criminal procedure apply to DUI/DWI cases in Arizona?

I was pulled over for suspicion of DUI in late January and was released from jail the following day. I was charged with the DUI in September.

Matthew Maerowitz
PREMIUM
Matthew Maerowitz
answered on Apr 6, 2023

Yes, Rule 8 applies; however, this is different from the statute of limitations. The statute of limitations is the time the prosecutor has to file charges whereas Rule 8 involves your right to a speedy trial after charges are already filed. For a misdemeanor DUI the prosecutor typically has up to... View More

1 Answer | Asked in DUI / DWI for Arizona on
Q: Is there anyway of getting DUI charges from 2 years ago dismissed, if I was parked, asleep car off keys in my pocket???

I was pulled over, parked on the side of a residential area asleep in my driver side chair. Awoken by PD taken from car where they found my keys upon the pat down but bac was .085 and they charged me 2 years later by mail. Is there anyway to fight this ?

Matthew Maerowitz
PREMIUM
Matthew Maerowitz
answered on Jan 3, 2023

There are two potential issues from your question. The first is whether you were in actual physical control of the car. In Arizona you can get a DUI for driving or being in actual physical control. However, sometimes actual physical can be hard to prove especially without evidence of driving or... View More

1 Answer | Asked in DUI / DWI for Arizona on
Q: Our son got a dui with an extreme also with a suspended license. What are his chances of jail time or types of punishme
Matthew Maerowitz
PREMIUM
Matthew Maerowitz
answered on Dec 24, 2022

If he is found guilty, DUI in Arizona carried mandatory minimum jail time. A first offense extreme DUI with a BAC above 0.15 carries mandatory minimum jail time of 30 days with the judge having discretion to suspend all but 9 days with an interlock. A super extreme DUI with a BAC above 0.20... View More

1 Answer | Asked in DUI / DWI for Arizona on
Q: I need help with a 1st time dui court case that I have coming up

An exforman drugged me and I do not remember anything of that night or 3 days following that. All I remember is waking up in jail. What is the least amount if time I am looking at if it is my very 1st dui, and I am 63 years old?I graduated the salvation army 5 years ago and haven't touched any... View More

Steven Scharboneau
Steven Scharboneau
answered on Nov 28, 2022

Each case is different and you should reach out to a criminal defense attorney immediately to discuss your case. Most defense attorneys (myself included) will talk to you about the maximum sentence, minimum sentence, options and possible defenses for no cost at all. The information you have... View More

1 Answer | Asked in DUI / DWI for Arizona on
Q: Can I be charged a felony on a charge that city convicted me on dui 1 other?

I was charged dui 1 both times, I've been working on that part of my charges, can I also be charged seperately though prosecuted for a felony for that same arrest. It was dui other both times, and same sentence for both. Now fearful of felony

charge on the same arrest that I'm... View More

Steven Scharboneau
Steven Scharboneau
answered on Sep 18, 2022

The answer is it depends. Generally speaking, it isn't uncommon for DUI charges to start off as a misdemeanor and then be referred up to county for felony prosecution. I've seen this happen plenty of times before. It really will depend on the fats of your case and the way they charged it.... View More

1 Answer | Asked in DUI / DWI for Arizona on
Q: A.R.S. 28-1321(I)- does the driver automatically win if the MVD does not set an implied consent hearing within 60 days?

I requested for an MVD hearing in Arizona, to challenge an implied consent license suspension (for failure to submit to DUI alcohol testing). This automatically stayed my license suspension, pending an administrative hearing.

Per A.R.S. 28-1321(I): "On the receipt of a request for a... View More

Matthew Maerowitz
PREMIUM
Matthew Maerowitz
answered on Jul 6, 2022

This is a good question because according to statute these hearings are supposed to be held within sixty (60) days. Unfortunately, the delay alone will not void the suspension. For the past 2+ years the administrative hearings have typically been delayed past the 60-day timetable. Arizona case... View More

2 Answers | Asked in Traffic Tickets, Criminal Law and DUI / DWI for Arizona on
Q: As passenger in a vehicle should I be held accountable for something that was found in the vehicle during a traffic stop

I was getting a ride from acquaintance . I was sitting front passenger seat of a mini van.

I just got into the vehicle not only two miles down the road the cop pulls him over for making an illegal turn. The vehicle ended up being searched and the cops found a bag carrying illegal... View More

Andrea Short
Andrea Short
answered on May 9, 2022

The simple answer to your question is to have a consultation with a lawyer and eventually hire a private defense firm to represent you.

This is very important because it is very common that situations like this happen and you are going to want private attention with a lawyer who is there...
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1 Answer | Asked in DUI / DWI for Arizona on
Q: Once I have completed my conviction for a DUI, can I get the conviction set aside?
Andrea Short
Andrea Short
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

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Car Accidents for Arizona on
Q: Can the judge deny and refuse to argue a motion to dismiss?

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

Matthew Maerowitz
PREMIUM
Matthew Maerowitz
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

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