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Arizona DUI / DWI Questions & 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.

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 »

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 certain amount of time but... 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 is people... 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 minimum penalties... Read more »

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