Arizona DUI Attorneys Blog

Craig Rosenstein Named a Super Lawyers "Rising Star"

2012-05-11T20:15:58Z

Attorney Craig J. Rosenstein of Rosenstein Law Group, PLLC was just honored as a Southwest Super Lawyers "Rising Star". In fact, Mr. Rosenstein was one of only three Southwest attorneys named as a Super Lawyers "Rising Star" in the "Criminal Defense: DUI/DWI" category for 2012.

It is a great honor to be named a Super Lawyers "Rising Star", as one must be nominated by a fellow attorney who has observed him or her in action, and undergo an evaluation by an attorney-led research team which reviews the credentials of each candiate and rates them using defined evaluation criteria. Only those with the highest point totals from the survey and research process are named to the Super Lawyer's "Rising Stars" list, and no more than 2.5% of the lawyers in the state are named to the list.

Rosenstein Law Group DUI Attorneys Return from New Orleans

2012-03-28T20:50:14Z

It wasn't a vacation. Attorneys Craig Rosenstein and A.J. Hall were invited to a seminar in New Orleans called Mastering Scientific Evidence. It was hosted by the National College for DUI Defense (NCDD). It is an intensive multi-day course on scientific principles and forensics surrounding blood, breath, and urine currently used in crime labs. Some of the country's most reputable forensic scientists taught the country's best DUI lawyers the intricacies in representing clients accused of impaired driving. It is in-depth knowledge of how crime labs work, and some of the scientific short comings within those labs to produce erroneous results, that separate the attorneys at the Rosenstein Law Group from other attorneys practicing DUI defense in Arizona. If you are accused of impaired driving, you should immediately contact the attorneys at Rosenstein Law Group to help extricate you from the criminal justice system.

What is an Admin Per Se in Arizona

2012-03-15T22:28:51Z

Whether you know it or not, you have agreed to give an officer a blood, breath, or urine sample at their request if they have reason to believe that you were operating a motor vehicle with a Blood Alcohol Content (BAC) above a .08%. It was one of the many lines in small print right above the signature line when you signed up to get your AZ driver's license issued. The agreement (that you probably didn't even know you entered) says that if you are found by MVD to have been driving with a BAC above a .08, than you will be forced to serve a 90 day driving suspension. There is no automatic hearing to make that determination. If the officer thinks your BAC is higher than a .08, then you get a suspension. Since driving is a privilege and not a right in Arizona, due process does not attach as stringently, which means that a Judge does not have to look at it. YOU have to request that a Judge reviews the material or else the suspension automatically goes into effect. Furthermore, YOU have to request that a Judge look at it within 15 days of the officer notifying MVD or else you waive your right to have a Judge look at it. From a practical perspective, it means that you can be totally innocent of DUI, be picked up and arrested in a holiday sweep, and if you don't know the system intricately enough to make timely request for hearing with MVD, then you are stuck losing your license for 90 days. No matter what your circumstance is, if you have been arrested for a DUI, you need to have a smart and aggressive attorney help you assert your rights. Contact us today for a free consultation.

Will I only have to have my interlock on for 6 months??

2012-03-05T18:11:02Z

The short answer is: maybe. Right now the Arizona Motor Vehicle Division (MVD) is figuring out how to implement some of the changes in the 2012 Arizona DUI Law, known as SB 1200. It is a common misunderstanding to think that the law reduced the interlock requirement in Arizona to 6 months. What it does is offer some people a deferment of 6 months after successful completion of 6 months. This deferment can be revoked at anytime and may not be offered. Its retroactivity to 2011 and earlier arrests is very much in question, but currently Arizona MVD seems inclined to only offer to people with dates of violation after Jan 1, 2012. This may change. What's more interesting are some provisions that will allow individuals to not have ignition interlock on at all. Yes- No interlock!! If you've been arrested for a DUI call a competent Arizona DUI attorney and see if they can help navigate you to a situation with no interlock requirement.

MAJOR CHANGES IN DUI DEFENSE ARE IN EFFECT

2012-03-01T19:20:42Z

The most comprehensive DUI law changes since the 1990's were passed this past legislative session. SB 1200 has completely changed the way a person accused of DUI will be treated within the criminal justice system. This new law that went into effect January 1, 2012 will effect a person's rights, and potential consequences in all aspects of their case. It is unclear, because of how the law was written, which parts will apply to people arrested before that date. Additionally, contrary to internet rumors, not all aspects of this law will benefit those accused of alleged impaired driving. It is extremely important (perhaps now more than ever) to hire a competent DUI lawyer. Otherwise, you could both miss out on benefits in the change in law and be subject to some of negatives that could easily have been avoided.

Can I Avoid Jail Time Altogether for My AZ DUI?

2012-02-29T23:39:10Z

Prior to the change in Arizona DUI laws in 2012, there were always four (4) mandatory requirements for any AZ DUI conviction:

                1) Jail Time
                2) Fines and Fees
                3) Alcohol Classes
                4) The mandatory use of an Ignition Interlock Device

However, the changes in the Arizona DUI laws in 2012 have affected the mandatory requirements for any AZ DUI conviction. The most notable change involves the jail time component.

With the right attorney, jail time for AZ DUI cases involving BAC's (blood alcohol concentrations) of .15 or more can be significantly reduced. It is also possible (although improbable) that a defendant with a BAC of less than a .15 could completely avoid jail time. That possibility is a result of a change in language within the Arizona statute. It seemed innocuous, but it changed a requirement from "24 hours" to "one day". This seemingly minor change can allow for circumstances in which no additional jail time need be served.

If you have been charged with a DUI in Arizona, you should hire an experienced Arizona DUI defense lawyer to represent you. Remember that the other three requirements are still in place, despite the changes in the law. See if hiring the right attorney could help you avoid having to have the requirement of having an ignition interlock installed in your vehicle.

SB 1200 Is Now in Effect: Arizona DUI Laws Have Changed

2012-01-06T17:42:57Z

Only accountants and lawyers can tinker with things so much and get away with making a process so complicated that you need to hire their services. A shining example of that is Arizona's SB1200. This is the biggest re-write of the Arizona DUI laws since the 1990s, and despite the overly simplistic analysis done by the local Arizona news programs on SB 1200, the law doesn't just affect the required ignition interlock time.

In fact, the AZ legislature seems to have managed to make this law so complicated that the Arizona MVD has had difficulty implementing some of the changes, because even the lawyers over at MVD can't seem to understand what the legislature meant.

I have heard this law described as the "lawyer employment act of 2012," and frankly, I couldn't agree more. Unfortunately, anyone accused of an alleged impaired driving (DUI) in Arizona will now need a lawyer who focuses their law practice on DUI defense in order to extricate themselves from the criminal justice system, or else face possible innumerable penalties that they otherwise might not have had to suffer (including, but not limited to, significantly more incarceration time for those accused of higher BAC DUIs, jail time for those with lower blood alcohol concentrations, higher fines, and potential ignition interlock waivers).

If you have been accused of alleged impaired driving or DUI in Arizona, you should contact an attorney who has dedicated his or her practice to the defense of the alleged accused driver, and an attorney who has educated him or herself thoroughly on the laws. Navigating these new Arizona laws to best serve clients is not for the inexperienced or part-time DUI lawyer.

Drunk Driving Penalties in Arizona: DUI Drugs Conviction (Part 6 of 6)

2011-12-14T21:45:11Z

In our final post in this series on DUI penalties in Arizona, we will discuss the minimum penalties for a conviction under A.R.S. Section 28-1381(A)(3)- commonly known as a DUI Drugs Charge.

(For a complete discussion of a DUI Drugs charge in Arizona, see our previous post First Offense DUI- How Bad Can That Be? (Part 3 of 5)).

The minimum penalties for a first time conviction of a DUI Drugs charge are: fines and fees that usually total about $2,000.00, mandatory alcohol/drug screening and classes, a one year driver's license suspension, a 12 month mandatory usage of an ignition interlock device on your vehicle, and 10 days jail (of which 9 days may be suspended by the Court for various reasons, but you must serve at least 24 hours in jail regardless).

Remember, these are just the minimum Arizona DUI conviction penalties for a first-time DUI Drugs charge, and the Court may order more. Further, the penalties for a second time conviction increase.

As you can see from this series, the penalties for any DUI in Arizona are harsh and impact many different aspects of your life--including your liberty and freedom, finances, work, driving privileges and personal lifestyle, among others. It pays to have a skilled Arizona DUI defense attorney on your side to help you navigate thru the maze of penalties and conditions that will be imposed upon you following any DUI conviction in Arizona.

Drunk Driving Penalties in Arizona: Super Extreme DUI Conviction (Part 5 of 6)

2011-11-28T21:59:37Z

At this point in our series, we have discussed the minimum penalties for convictions of the following misdemeanor DUI charges in Arizona: Impaired to the Slightest Degree, BAC Above .08, and BAC Above .15 (Extreme DUI). We will now discuss the consequences for a conviction under A.R.S. 28-1382 (A)(2), which is for having a BAC Above .20 within two hours of driving. This charge is commonly known as a Super Extreme DUI.

(For a complete discussion of a Super Extreme DUI charge in Arizona, see our previous post First Offense DUI- How Bad Can That Be? (Part 5 of 5)).

The penalties increase even further with a conviction on a Super Extreme DUI charge in Arizona. The minimum penalties for a first time conviction of a Super Extreme are: 45 days jail- none of which the court may suspend, fines and fees totaling approximately $3,000.00 plus surcharges, mandatory alcohol screening and classes, a 90 day driver's license suspension, and an 18 month ignition interlock device requirement. Again these are just the minimums and the Court may order more.

Further, the minimum penalties for a second offense conviction with a BAC Above .20 in Arizona substantially increase (for example, the jail time goes up to 180 days- which is 6 months, the most one can serve on a misdemeanor conviction).

If you are currently facing a DUI charge of any kind in Arizona, it is often best to contact an experienced Arizona DUI defense attorney to discuss your case and the potential consequences you may face if convicted.

Watch for our next and final blog post in this series, which will explain the minimum penalties for a conviction of a DUI Drugs charge in Arizona.

Drunk Driving Penalties in Arizona: Extreme DUI Conviction (Part 4 of 6)

2011-10-31T15:33:34Z

In our last post in this series, we discussed the minimum penalties for a conviction of a BAC Above .08 Charge in Arizona. Now, we will discuss the consequences for a conviction under A.R.S. Section 28-1382(A) - which is a charge for BAC Above .15 within two hours of driving. This charge is most commonly known as an Extreme DUI.

(For a complete discussion of an Extreme DUI charge in Arizona, see our previous post First Offense DUI- How Bad Can That Be? (Part 4 of 5)).

As we move up to a conviction for an Extreme DUI in Arizona, the minimum penalties also increase. The minimum penalties for a first time conviction are 30 days jail, none of which may be suspended by the Court, fines and fees totaling approximately $3,000.00 plus surcharges, alcohol screening and classes, a 90 day driver's license suspension and 12 months with the ignition interlock.

Again, these are just minimums for a first-time Extreme DUI conviction in Arizona, and the Court may order more. Further, the minimum penalties for a second offense conviction for an Extreme DUI in Arizona substantially increase (for example, the jail time alone increases to 120 days (4 months), none of which may be suspended).

Stay tuned for our next blog post, which will explain the minimum penalties for a conviction of a BAC Above .20 Charge (commonly known as an Super Extreme DUI) in Arizona.

Drunk Driving Penalties in Arizona: BAC Above .08 Conviction (Part 3 of 6)

2011-10-25T16:01:23Z

Continuing with our series on misdemeanor DUI penalties in Arizona, we will now discuss the minimum penalties for a conviction of the BAC Greater Than .08 Within 2 Hours of Driving Charge under A.R.S. Section 28-1381(A)(2) (commonly referred to as BAC Above .08).

(For a complete discussion of a BAC Above .08 Charge in Arizona, see our previous post First Offense DUI- How Bad Can That Be? (Part 2 of 5)).

The minimum penalties for a first time conviction of a BAC above .08 Charge are the same as for the Impaired to the Slightest Degree Charge: 10 days jail (of which 9 days may be suspended by the Court for various reasons, but you must serve at least 24 hours in jail regardless), fines and fees that usually total about $2,000.00, mandatory alcohol/drug screening and classes, a 90 day driver's license suspension (although you may be eligible to a restricted permit for 60 of the days, but regardless, there will be no driving at all for a minimum of 30 days, and an experienced AZ DUI defense attorney can help guide you on this), and, currently, a 12 month mandatory usage of an ignition interlock device on your vehicle.

Remember, these are just the minimum Arizona DUI conviction penalties for a first-time BAC above .08 Charge, and the Court may order more. Further, the penalties for a second-time offense conviction are not the same, as they increase substantially.

In the meantime, watch for our next blog post, which will explain the minimum penalties for a conviction of a BAC Above .15 charge (commonly known as an Extreme DUI) in Arizona.

Drunk Driving Penalties in Arizona: Impaired to the Slightest Degree Conviction (Part 2 of 6)

2011-10-17T16:24:43Z

As discussed in our last blog post, there are many different types of penalties that one would receive if convicted of a misdemeanor DUI charge in Arizona. Starting in this post, we will begin to break down the minimum penalties for the 5 types of misdemeanor DUI convictions in Arizona.

The misdemeanor AZ DUI charge that we will discuss now is the Impaired to the Slightest Degree Charge under A.R.S. Section 28-1381(A)(1) (commonly referred to as the A1).

(For a complete discussion of the Impaired to the Slightest Degree Charge, see a previous blog post: First Offense DUI- How Bad Can That Be? (Part 1 of 5).)

The minimum penalties for a first time conviction of the Impaired to the Slightest Degree charge are: 10 days jail (of which 9 days may be suspended by the Court for various reasons, but you must serve at least 24 hours in jail regardless), fines and fees that usually total about $2,000.00, mandatory alcohol/drug screening and classes, a 90 day driver's license suspension (although you may be eligible to a restricted permit for 60 of the days, but regardless, there will be no driving at all for a minimum of 30 days, and an experienced AZ DUI defense attorney can help guide you on this), and, currently, a 12 month mandatory usage of an ignition interlock device on your vehicle.

Remember, these are just the minimum Arizona DUI conviction penalties for a first-time Impaired to the Slightest Degree Charge, and the Court may order more. Also, the penalties for a second-time offense conviction are not the same, as they increase substantially.

Stay tuned for our next blog post, which will explain the minimum penalties for a conviction of a BAC above .08 Charge in Arizona.

Drunk Driving Penalties in Arizona: The Basics (Part 1 of 6)

2011-10-10T15:39:53Z

While many people may either know someone who got a DUI in Arizona, or may have even gotten a DUI themselves in the past, many people don't fully understand the consequences of getting a DUI conviction in Arizona these days.

Let's start with the basics. Unlike many other states, the minimum penalties for a DUI in Arizona are mandated by state statute. There are misdemeanor DUIs and felony DUIs. This blog will focus only on the penalties for misdemeanor DUIs in Arizona. For information on penalties for felony DUIs, see our previous blog post on Aggravated DUI/Felony DUI in Arizona.

Misdemeanor DUI Charges in Arizona

There are 5 types of misdemeanor DUI charges in Arizona. The most common is the Impaired to the Slightest Charge, which is generally charged on all DUI cases. Then there is Blood Alcohol Content (BAC) above .08, BAC above .15, BAC above .20, and in certain cases when some type of drug is involved, Impaired by Drug or Metabolite (also known as DUI Drugs). You can be cited for only one charge or, in some instances, all five types of charges on the same ticket.

Types of Penalties Received for AZ DUI Convictions

With any DUI conviction in Arizona, there are automatically four penalties that are associated with it. They are jail time, fines/fees, alcohol screening and classes, and Motor Vehicle Division (MVD) consequences (such as driver's license suspension and ignition interlock requirements).

Jail Time

The first penalty is jail time. With any misdemeanor DUI conviction in Arizona there is automatic jail time, ranging from 1 day to 180 days (6 months). There is typically no way around this.

However, in certain circumstances and in certain courts, one might be eligible for a home detention program. An experienced AZ DUI defense attorney would be able to guide the person as to whether he or she qualifies for such a program.

Fines/Fees

Fines are automatically assessed with any DUI conviction in Arizona, and there are minimum fines mandated by Arizona statute. There are also fees to pay as well. Again, there is typically no way around this.

Alcohol Screening and Classes

The next penalty is alcohol screening and classes. With any AZ DUI conviction, you need to attend an alcohol screening thru a licensed agency as well as take any recommended classes from the screening. Again, there is typically no way around this.

MVD Consequences (Driver's License Suspension & Ignition Interlock)

Finally, with any DUI conviction in Arizona, you will have consequences through the Motor Vehicle Division (MVD). For example, with a conviction, your driver's license will be suspended for a minimum of 90 days and possibly up to 3 years, depending on the charge and your history. With a 90 day license suspension, you may be eligible to a restricted permit for 60 of the days, but regardless, there will be no driving at all for a minimum of 30 days (an experienced AZ DUI defense attorney can help guide you on whether you are eligible for this). Further, currently there is a minimum 12 month ignition interlock usage requirement that comes with any DUI conviction, and again depending on the charge and your history could be as long as 2 years. A new law may change some of this for certain DUI convictions in AZ, but there will still be some form of an ignition interlock device requirement. (For more information on this new AZ law, see our previous blog post on SB1200.) There may be other MVD consequences as well.

How Are These Consequences Applied?

Over the course of our next few posts, we will discuss how these consequences are applied to the five Arizona misdemeanor DUI charges listed above, so stay tuned.

However, the consequences for a DUI charge can often be quite confusing, and this series is intended as a basic guide. If you are facing a DUI charge of any kind in Arizona, it is often best to contact an experienced Arizona DUI defense attorney to discuss your case.

Jail Time "Costs" in Arizona: You Pay for Your Time

2011-10-05T17:31:52Z

A conviction for a DUI in Arizona doesn't just come with a criminal conviction on your record, MVD punishments (such as driver's license suspension, points on your license, ignition interlock use requirements, etc.), fines and fees, and mandated alcohol screening and classes-- it also comes with jail time. Now, although most people are aware that persons convicted of a DUI charge in Arizona will typically serve jail time, most people are unaware that the person also has to pay for his or her jail time.

In Arizona, you are required to pay for your own jail time as if you were staying in a hotel (except without the amenities). The average amount is approximately $200 for the first night, and then approximately $90 for each additional night. So, with a long sentence, one could end up paying thousands in jail costs in addition to all of the other fines and fees that come along with a DUI conviction in Arizona.

Will the New AZ DUI Law Allow Me to Remove My Ignition Interlock Device Early?

2011-09-26T16:26:34Z

Earlier this year, the Arizona State Legislature passed SB 1200. SB 1200 deals with Arizona DUI enforcement and consequences. One of the most talked about provisions of SB 1200 is the limiting of the mandatory ignition interlock device usage from one year (the current law) to six (6) months on 1st offense non-extreme DUIs in Arizona. This is good news because of the cost and stress often associated with the mandated use of ignition interlock devices, and the questionable science regarding their efficacy.

Unfortunately, that provision of the bill will not go into effect until January 1, 2012, and the new rule regarding the ignition interlock device will only be applicable to people arrested for DUI in Arizona in the year 2012 and later.

So, if you already have an ignition interlock device installed on your vehicle from a DUI conviction, or are alleged to have been Driving Under the Influence in 2011, then you will not benefit from the law change, and will be subject to the current one year ignition interlock punishment. You will thus not be able to remove your device early (at the six month mark), nor would you benefit from the lower time period.

The best way to attempt to avoid the mandatory installation and usage of an ignition interlock device on your vehicle is to hire a competent Arizona DUI defense attorney to represent you, and either negotiate your DUI case to a non-DUI or win it outright.