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Arizona DUI / DWI Questions & Answers
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
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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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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: 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
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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
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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
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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
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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
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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 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 DUI / DWI for Arizona on
Q: Am I condemn of my dwi for a lifetime?
T. Augustus Claus
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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: 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
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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
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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
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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

1 Answer | Asked in Criminal Law and DUI / DWI for Arizona on
Q: I'm required by the court to do a drug screening can I do one I get from walgreens or do I have to go to a lab

If so will ahcccs cover it or how much is it

Matthew Maerowitz
PREMIUM
Matthew Maerowitz
answered on Feb 14, 2022

If by drug screening you are referring to UA ordered by Court/probation/pretrial services to determine whether there are any drugs in your system, typically you will be ordered to a specific provider such as Averhealth. You will have to go to that provider unless you will get permission from the... View More

2 Answers | Asked in DUI / DWI for Arizona on
Q: was arrested & taken to jail & released. I was given a traffic ticket & complaint for DUI. Why isn’t my case show online

I was given a breathalyzer and field sobriety test, arrested. Then released about an hour later. I was given a traffic ticket and complaint for DUI .08%, DUI slightest, and no lights. I have a court date. Why isn’t my case showing online?

Matthew Maerowitz
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Matthew Maerowitz
answered on Feb 1, 2022

Likely one of two things are happening.

1. The officer has not filed the Complaint yet with the Court or it was recently filed and has not been processed yet in Court. Normally it will take a couple days from the arrest for the Complaint to be reflected in the court system online....
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1 Answer | Asked in DUI / DWI for Arizona on
Q: I got my first dui in Arizona. I was charged for a basic dui at .144pbt and i got blood drawn at the station.

I was sleeping parked on the side of the road. No one was hurt, i did get little scratch on the car from scrapping a business gate (very minor). I did comply with the police. They said since I complied with them they will put down that i did comply and made it easier for them. I am trying to see if... View More

Michelle Villanueva Skura
Michelle Villanueva Skura
answered on Oct 11, 2021

We strongly recommend that you consult with an attorney prior to taking any plea offer. Our Attorneys have successfully gotten cases with similar facts dismissed. Our office can get you in with an attorney today. Please reach out to schedule your strategy session. 480 923 9001.

1 Answer | Asked in DUI / DWI for Arizona on
Q: If the interlock was required 10.5 years ago, do I still need to get it now if I didn't then?
Matthew Maerowitz
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Matthew Maerowitz
answered on Apr 14, 2021

Yes, for an alcohol DUI the interlock restriction will remain with the MVD when you reinstate your driving privileges.

1 Answer | Asked in DUI / DWI for Arizona on
Q: I'm required to go to the police station that I was taken to on the 8th to get fingerprinted n mugshot. Should I go?

Why did t the police do this on the date of the "DUI"? I wasn't even given a court date. Just a impounded vehicle and this paper that says my dui charges and that I have to show up on a wed. at least 10 days from date of ticket to get thos done. No court date. They couldn't... View More

Brian C. Soto
Brian C. Soto
answered on Jan 12, 2021

Yes you should go. That is a court order.

It sounds as though you were cited and released. Fingerprinting is part of the booking process had the arresting officer decided to book you into jail you would’ve already been printed.

Lastly, your cooperation is in no way an admission of guilt.

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