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Arizona DUI / DWI Questions & 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...
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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

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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 »

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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.

1 Answer | Asked in DUI / DWI for Arizona on
Q: Can they charge me with a DUI for this?

So basically I got into a car accident recently around 11 pm at night and the officers said I passed all field sobriety but because I told them I smoked marijuana at 7:30 am they are trying to charge me with a DUI. Now what I’m worried about is I am a marijuana smoker and I know it’s going to... Read more »

Michelle Villanueva Skura
Michelle Villanueva Skura answered on May 4, 2019

Hello. I am sorry to hear about this encounter. It is very important that you contact an attorney. Even if you passed the sobriety test and were technically not "impaired" if the Blood Calibration results yield any traces of THC or any other metabolites then the State can charge you with a DUI.... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: What if i get pulled over and the cop gives me a “DUI” ticket but doesn’t take my blood test or doesn’t take me to jail

I was at a bar in Arizona visiting from New Mexico with my friend and he got into a fight so we left the bar and someone called in the fight and gave them a description of my car and the police pulled me over and cuffed my friend and made me do tests for drinking and driving like heel to toe and... Read more »

Michelle Villanueva Skura
Michelle Villanueva Skura answered on Apr 29, 2019

Welcome to AZ. I am sorry to hear about your experience. AZ is a zero tolerance state and has very strict DUI Laws. If the officer did not draw your blood or make you submit to a breath test, in the station, there is an excellent opportunity for our office to fight this charge and get a dismissal.... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Arizona on
Q: First offense, F3 for aggravated assult count 1 and 2 for exactly the same. Dismiss chg Endangerment, dui and hit/run

Got sentence 3yrs imprisonment Adoc. Imprisonment probation. Can a defendant be charge twice for the same charge?

Mike Branum
Mike Branum answered on Apr 28, 2019

Yes. If the state identifies three separate victims or three separate instances, they will file a charge for each. If found guilty of multiple counts, the judge can run the sentences at the same time or one after another.

1 Answer | Asked in DUI / DWI for Arizona on
Q: Can an old DUI charge for metabolites in your system be overturned based on the new law stating no longer a dui

So back in 2009 I was charged with a DUI for metabolites in my system and was not under the influence given a fine and ordered to have a breathalyzer put in my car even though I did not have any alcohol in my system at all and my license was suspended. I still owe the fine and that you're still... Read more »

Zachary Divelbiss
Zachary Divelbiss answered on Mar 12, 2019

This is an interesting question and situation you are in. My best recommendation is to contact Reeves Maxwell Law since they specifically and exclusively handle appeals. Their number is 480-352-3701 or email: admin@appealsaz.com

Based on my limited knowledge of appeals, you might be out of...
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1 Answer | Asked in DUI / DWI and Immigration Law for Arizona on
Q: I had a DUI and I have an asylum granted, so now I'm applying for my green card, am I gonna have amy problems cuz my DUI

I already send all the originals documents to immigration for my DUI before I got my asylum granted, after one year I'm applying for my green card, immigration is gonna ask me for the original document, even if I already send it to them? And is gonna be a problem for me to get my green card ?... Read more »

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Mar 5, 2019

You may have problems because of the DUI. You should definitely consult with an experienced immigration to help you with your filing and any potential responses to USCIS.

1 Answer | Asked in Criminal Law and DUI / DWI for Arizona on
Q: A friend has been charged in Arizona for Possession of Marijuana and DUI. What to do next? No priors. Court in a week

No priors. Pulled over for running a redlight. Police found a very small amount of marijuana. Court is in about 9 days.

First priority is to get the felony possession dropped to a misdemeanor at least. Would also like to fight the DUI charge since they were not impaired while driving.... Read more »

Zachary Divelbiss
Zachary Divelbiss answered on Feb 15, 2019

Your friend should contact and hire a lawyer immediately. There are no "do-overs" in criminal court or with the charges he is facing. He will be provided with a public defender for both cases but since it's his first offense, he should make sure someone puts careful attention into his case so... Read more »

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 to... 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 »

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