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Arizona DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Arizona on
Q: hired a dui attorney. have my adot hearing tomorrow. I have called and sent email upon email no response...

I am feeling very apprehensive and at this point not sure he will show up for the hearing. What steps do I take from here?

Zachary Divelbiss
Zachary Divelbiss answered on Jan 23, 2019

It is unfortunate that you are having a poor experience with your attorney. Lawyers can be very busy so I expect they are busy but will be at your hearing or they will have one of their associate attorneys conduct the hearing.

I suggest to you that you still attend the hearing at the...
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1 Answer | Asked in DUI / DWI for Arizona on
Q: If I got a dui off the clock, can I be fired?
Brian Chase
Brian Chase answered on Jan 4, 2019

Unfortunately, the answer is probably yes. Arizona is a right-to-work state, meaning an employer can fire you for any reasons, as long as it is not unlawful. That means employers can have rules about their employees having no criminal convictions.

There are many professions where getting a...
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1 Answer | Asked in DUI / DWI for Arizona on
Q: Can the State of Arizona suspend a driver's license from another state? a person was arrested for a DUI now is in prison

This person was accused of driving on suspended license but he's never had an Arizona driver's license. his license from Wisconsin has never been suspended and is not expired until 2024

Bernard Crane
Bernard Crane answered on Dec 17, 2018

If I understand your question, I think you are asking if Arizona can suspend the driving privileges of a person who never had an Arizona license. if the charge is for driving in Arizona, clearly the answer is yes. Arizona can not suspend the person's Wisconsin license. That is up to Wisconsin... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: What happens to your immigration status if you get a DUI?
Zachary Divelbiss
Zachary Divelbiss answered on Dec 2, 2018

This question is better answered by an immigration attorney. I work hand-in-hand with an immigration firm and they can give you a better answer considering they will be able to advise you on your legal status and requirements to gain citizenship. I am aware and highly recommend that you fight your... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: What drugs to police test for in a blood draw?
Matthew Maerowitz
Matthew Maerowitz answered on Nov 16, 2018

In a DUI case, the crime lab will typically first test the blood for alcohol even when there is no suspicion of alcohol. If the results reflect a BAC above a 0.08 then typically no further testing will be done--though depending on the court and crime lab I have seen a further drug screen done even... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: My son got pulled over for suspected DUI, then they searched his car - can they do that?
Zachary Divelbiss
Zachary Divelbiss answered on Oct 31, 2018

There are a ton of different factors that play into this question and answer. Truthfully, your son will need to set up a confidential consultation with a lawyer to answer this question. Some different factors that play into this situation are when the search occurred during the stop, if your son... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: Can I plead not guilty to drunk driving if I truly did not think I was drunk at the time of the incident?
Zachary Divelbiss
Zachary Divelbiss answered on Oct 18, 2018

In short, you should plead not guilty because the burden of proof is on the State to provide that you were intoxicated at the time you were driving. Keep in mind that in order to be convicted of a DUI all that matters is if you were under the influence of alcohol -- not that you believed you were... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: super extreme DUI - Am I really going to be serving 45 days for this? I'm a college student and have a job

I am currently in the process of getting charged w a Super Extreme DUI in Arizona...I have a prior Disorderly Conduct charge from a couple years ago, will this eliminate the possibility of home detention in place of jail time for me? Am I going to have to go to jail for 45 days like it says?

Zachary Divelbiss
Zachary Divelbiss answered on Oct 2, 2018

This is a really good question to speak in confidence with a lawyer about. As a lawyer, we have to advise you that you could possibly face the maximum sentence but there are always different things we can do to get the sentence reduced. A lawyer will also be able to tell you how good your case is... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Arizona on
Q: Can I send character letters directly to the judge instead of through the court appointed lawyer?

Lawyer has been completely unreliable.

Josephine Pesaresi Hallam
Josephine Pesaresi Hallam answered on Sep 21, 2018

First, I am sorry your attorney has not given you confidence. It is hard enough to face criminal charges, but not having an attorney who you feel is in your corner is unbearable.

Second, you should always give anything you need the Court to see to your attorney first. It is not advisable...
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1 Answer | Asked in DUI / DWI for Arizona on
Q: What's the fastest way to get a DUI removed from my record?
Zachary Divelbiss
Zachary Divelbiss answered on Sep 14, 2018

In Arizona, there is not a way to remove a DUI from your record. You can have your DUI record "Set Aside". The process isn't very fast but you have to complete probation then submit a "Set Aside" motion and wait for a judge to grant it. Someone judge will make you wait a... Read more »

2 Answers | Asked in DUI / DWI for Arizona on
Q: Can I get a DUI for driving without wearing my prescription glasses?
Matthew Maerowitz
Matthew Maerowitz answered on Aug 31, 2018

Unless you also had drugs or alcohol in your system, that wouldn't be a DUI. However, it would still be a criminal misdemeanor for driving in violation of a restriction. You need your glasses to drive so I don't know why you would decide not to wear them. What commonly happens though... Read more »

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2 Answers | Asked in DUI / DWI for Arizona on
Q: What is the difference between a DUI and a wet and reckless?
Matthew Maerowitz
Matthew Maerowitz answered on Aug 6, 2018

There's no such thing as a "wet and reckless" in Arizona. There is however a crime of reckless driving. In terms of the difference between Reckless driving and DUI they both carry 8 points on MVD driving record, but DUI is a higher class of offense and carries certain mandatory... Read more »

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1 Answer | Asked in DUI / DWI for Arizona on
Q: What happens if I refuse a sobriety test? I feel like I was stopped without cause. Will I still get arrested?
Zachary Divelbiss
Zachary Divelbiss answered on Jul 25, 2018

You have to answer/obey lawful questions/requests the officer asks and provide identification such as your drivers license, registration and insurance. Typically, an officer will pull you over based on reasonable suspicion (swerving, no blinker, no lights, etc.). Whether you believe you were... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: Do you have to take field sobriety tests during a DUI stop?
Zachary Divelbiss
Zachary Divelbiss answered on Jul 13, 2018

You have to answer/obey lawful questions/requests the officer asks and provide identification such as your drivers license, registration and insurance. Typically, an officer will pull you over based on reasonable suspicion (swerving, no blinker, no lights, etc.) but once you open your window and... Read more »

2 Answers | Asked in DUI / DWI for Arizona on
Q: I got a first time DUI. Will I need legal representation for first-time Court hearing
Matthew Maerowitz
Matthew Maerowitz answered on Jul 13, 2018

Yes you will need legal representation. DUI in Arizona carries mandatory minimum jail time. If you cannot afford an attorney, an attorney will be appointed to represent you at little or no cost.

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1 Answer | Asked in DUI / DWI for Arizona on
Q: Will my license be impacted if a friend got a DUI driving my car?
Zachary Divelbiss
Zachary Divelbiss answered on Jul 9, 2018

No. If you were not involved in the incident as the driver or the person who committed the offense you will not face any consequences on your license. It is common to drive other people's vehicles (family members, etc) and just because someone else gets in trouble using your vehicle it... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: Can you get a DUI on an ATV?
Zachary Divelbiss
Zachary Divelbiss answered on Jun 23, 2018

Yes, you can. There are other circumstances that might allow you to get out of a DUI such as where you are driving the ATV. You should consider speaking with a lawyer if this happened to you. My office handles these and we offer free consultations. Feel free to contact us.

1 Answer | Asked in DUI / DWI for Arizona on
Q: Can you avoid a license suspension for a first time DUI?
Zachary Divelbiss
Zachary Divelbiss answered on Jun 13, 2018

Yes/Maybe - but you should speak with a lawyer as soon as possible to ensure that happens. After you have been cited, you must challenge the MVD's admin per se within a certain amount of time, at which point you will be able to extend/prolong/dismiss the suspension. f not dismissed, you will... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: I was convicted of a DUI-drug A.R.S. 28-1381 (A)(1) in the state of Arizona. Will I be required to have an interlock?

I reside in Lordsburg, NM. My conviction is a class one misdemeanor.

Priscilla Frisby
Priscilla Frisby answered on Feb 23, 2018

Yes, pursuant to A.R.S. 28-1381(I)(6) requires the court to report the conviction to MVD and the department will send you a letter requiring you to install the ignition interlock for 12 months pursuant to A.R.S. 28-3319 and show them proof of it. You will also be required to take an -hour traffic... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: In Arizona, is a 'Commissioner" the same as a Judge or Magistrate for purpose of authorizing a Search Warrant? '
Priscilla Frisby
Priscilla Frisby answered on Feb 23, 2018

Yes, a commissioner, judge and a magistrate may all authorize search warrants.

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