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Arizona DUI / DWI Questions & Answers
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.

1 Answer | Asked in DUI / DWI, Personal Injury, Civil Litigation and Legal Malpractice for Arizona on
Q: Victim of a drunk driver that damaged property exceeding $30,000 in repairs. Need a lawyer who can file civil suits.

The drunk driver was dismissed of all chargers. I am looking for a lawyer who can pursue a civil law suit and look into if there was any leniency towards the defendant. Victim feels as if there was not enough action taken for restitution and wants to sue the city of Yuma. Are there lawyers here in... Read more »

Priscilla Frisby
Priscilla Frisby answered on Feb 23, 2018

First you need to search for other possible insurance policies on which to make claims, but if there are no other policies available, besides the one you have exhausted, then you need to do an asset search on the liable party to see if it will be worth the return on your investment to file a... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: What if the case was refilled and I took a guilty plea that resulted in me having to take alcohol evaluation and MADD.

While also completing 100 hrs of community service with the courts promise to vacate the case after I had finished all of these things does that mean I can get my license back ?

Matthew Maerowitz
Matthew Maerowitz answered on Jan 29, 2018

It sounds like you are doing what you can to be compliant with the court's orders which is good, but your license reinstatement is handled separately through the MVD. You will need to contact the MVD to figure out what needs to be done to get your driving privileges reinstated.

1 Answer | Asked in DUI / DWI for Arizona on
Q: I went to turn myself into jail on 1/12 and they said they couldn't keep me because the date was for 2017 not 2018.

Would that be grounds to get the jail time thrown put since it was their error?

Matthew Maerowitz
Matthew Maerowitz answered on Jan 16, 2018

No. You will still have to serve the jail. Unfortunately, this is a common issue. Go back to the Court and get a new confinement order with a new self-surrender date that is listed correctly. If you don't, you will get a summons for an Order to Show cause or Petition to Revoke Probation.... Read more »

2 Answers | Asked in DUI / DWI for Arizona on
Q: I have a question can dui's that are nine years old be used against me in court?
Matthew Maerowitz
Matthew Maerowitz answered on Jan 8, 2018

It is a bit unclear what you are asking. It depends on the type of DUI as well as the purpose the prior is being used for.

Do you have a new DUI and asking whether the old DUIs will increase your sentence? A misdemeanor DUI over 7 years from the date of offense from a present DUI will not...
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1 Answer | Asked in DUI / DWI for Arizona on
Q: Can you get a DUI if you were pulled over for something else?
Ashelee Weeks
Ashelee Weeks answered on Dec 15, 2017

Yes. Often times an officer will pull someone over for a traffic violation etc. and upon contact, determine the person may have been drinking. At that point, a DUI investigation may ensue. If the officer determines there is probable cause for the DUI, the person will likely be arrested.

1 Answer | Asked in Traffic Tickets, Criminal Law and DUI / DWI for Arizona on
Q: How do I obtain a copy of the actual traffic tickets issued to a driver who hit, killed, my sister and did not report.

Driver is 19 years of age and had 3 previous speeding violations before he hit my sister and left her on the side of the road for dead. All violations were reduced to 15-20 miles over speed limit via on-line public court website. I'm interested in obtaining original copies of the tickets... Read more »

Matthew Maerowitz
Matthew Maerowitz answered on Nov 14, 2017

You can make a public records request. If a crash report was drafted, it is usually available to the public upon request upon paying a small fee. Some jurisdictions allow you to get the crash report online if you know information related to the accident such as the incident number. You can... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: If I'm stopped by a police officer and he asks me if I've been drinking, what should I say?
Ashelee Weeks
Ashelee Weeks answered on Sep 25, 2017

You do not need to answer the officer. Anything you say will likely be used against you. I often advise people to say their lawyer has advised them to not answer any questions.

1 Answer | Asked in DUI / DWI for Arizona on
Q: Do I have the right to refuse a breathalyzer test?
William C. Head
William C. Head answered on Aug 17, 2017

Yes, but every state has implied consent laws. These laws call for ADMINISTRATIVE SUSPENSION< or REVOCATION of your license. Plus, some states, like Hawaii, give you JAIL time, for a DUI refusal.

Contact a HIGHLY skilled AZ DUI lawyer, if you have a pending drunk driving case....
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2 Answers | Asked in DUI / DWI for Arizona on
Q: My fiance had a DUI in 2012 but he was arrested last night for failure to appear

- but his lawyer had told him it was all cleared up. What do we do?

Matthew Maerowitz
Matthew Maerowitz answered on May 6, 2017

What likely happened is this was a refile. The DUI first time around was probably dismissed pending blood results. Then once the blood results came back positive for drugs or alcohol above .08, the State refiled the DUI charges. A summons and complaint was likely mailed to his last known... Read more »

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1 Answer | Asked in DUI / DWI for Arizona on
Q: Hi. Do you handle old dui cases? Failure to comply. Outstanding warrant. Is there a cost for legal advice or help?

Dec 2017 was the incident. Tempe was the place of the dui. Did the mandatory 10 days in jail already. Ready to pay fines.

Paul Stanko
Paul Stanko answered on Feb 20, 2017

This is a place to ask questions of a general nature. Your questions need to be asked of specific Arizona lawyers. Individual attorneys and law firms determine what kinds of cases they take and their fees. Look for Arizona DUI attorneys in the "Find a Lawyer" section of this site. Good luck!

1 Answer | Asked in DUI / DWI for Arizona on
Q: What is the legal punishment for driving another vehicle when you have been convicted of an extreme DUI?

Meaning one vehicle has the ignition locking device but they are driving a vehicle without one in arizona.

Matthew Maerowitz
Matthew Maerowitz answered on Jan 30, 2017

If you have an interlock restriction on your license that means ANY vehicle you drive must have an ignition interlock equipped. Driving without an interlock is a class 1 misdemeanor punishable by up to 6 months jail, $2500 fine, and 3 years probation. That's the absolute maximum.... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI, Family Law and Personal Injury for Arizona on
Q: 1)IS IT ILLEGAL TO REFUSE A BLOOD DRAW, ? 2)ESPEACIALLY WHEN YOU HAVENT EVEN PARTAKED IN ANY CRIME?

1)IS IT LEGAL TO DENY OR REFUSE MEDICAL ASSISTANCE SUCH AS THE PARAMEDICS WANTING TO ABDUCT ME AND GO TO THE E.R. ?

2)DOES IT MAKE ANY DIFFERENCE IF IM ON PRIVATE PROPERTY?

3)CAN I MAKE LIKE A TAG TO HANG AROUND MY NECK SERVING AS A ID TAG, STATING THAT I CHOSE TO NOT BE TAKEN TO... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 18, 2017

1. Depends on the state and the charge but generally you may refuse a blood test--but they can get a warrant;

2. No.

3. You can make whatever you want. However the ambulance can't be put in the position of making those decisions so they get to take you if you are unable to verbally direct them.

1 Answer | Asked in DUI / DWI for Arizona on
Q: If a police officer asks if you have been drinking should you tell them if you have?
Matthew Maerowitz
Matthew Maerowitz answered on Jan 6, 2017

No. Do not lie either. You do not have to answer the question. Instead simply say: "I exercise my right to remain silent and would like an attorney."

1 Answer | Asked in DUI / DWI for Arizona on
Q: Can you choose the kind of DUI chemical test the police give you?
Matthew Maerowitz
Matthew Maerowitz answered on Nov 16, 2016

No, the police get to chose. Prior to administering the test; however, the police have to read an advisement regarding consequences of a refusal.

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