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Phoenix DUI Law Blog

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Implications of Legalization of Recreational Marijuana on Arizona DUIs

In January, several Arizona dispensaries began selling marijuana to legal adults who do not have a medical marijuana card. The move came after voters approved Arizona marijuana sales. Motorists must understand that despite the legalization of recreational marijuana, they may still be arrested and charged with an Arizona DUI. Notwithstanding…

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Can an Arizona DUI Conviction Affect a Child Custody Determination?

When thinking about the possible consequences of an Arizona DUI conviction, the most commonly feared repercussions involve infringements on your freedom, such as jail time, probation, or the suspension of your driver’s licenses. However, Arizona DUI offenses carry a host of other collateral consequences that can also have a significant…

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Arizona DUI Charges Based on a Driver’s “Physical Control” Over a Vehicle

Arizona law recognizes driving under the influence (DUI) as a violent crime, and violations of the law may result in hefty penalties and incarceration. For example, recently, a court issued an opinion stemming from an Arizona defendant’s appeal of his DUI conviction. The case arose after police responded to a…

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The “Actual Physical Control” Element of an Arizona DUI Case

Everyone knows that drunk driving is against the law. However, the elements of a DUI offense are not always straightforward. One of the most misunderstood elements of an Arizona drunk driving offense is the requirement that the prosecution proves a defendant was in “actual physical control” of the vehicle. A…

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Court Affirms Defendant’s DUI Conviction in Recent Arizona Drunk Driving Case

Earlier this month, a state appellate court issued an opinion in an Arizona DUI case, affirming the defendant’s conviction. The case illustrates the challenges of successfully litigating an appeal, as well as the importance of vigorously defending against all allegations at trial. The Facts of the Case According to the…

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Court Rejects Defendant’s Claim the Prosecution Failed to Preserve Important Evidence in Recent Arizona DUI Case

Earlier this month, a state appellate court issued an opinion in an Arizona DUI case involving the defendant’s claim that the prosecution failed to preserve evidence that would have shown police violated his rights. However, ultimately, the court concluded that the video, at best, could provide “potentially useful” evidence, but…

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Court Rejects Defendant’s Claims of Prosecutorial Misconduct in Recent Arizona DUI Case

The role of an Arizona DUI defense attorney is to defend his or her client at every step of the case. Initially, this means conducting a thorough investigation into the case, diligently reviewing the state’s evidence, and creating a compelling defense. Once the trial starts, however, a defense attorney’s role…

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Arizona Finds Witness Statements Were Improperly Admitted, but Affirms Defendant’s DUI Conviction

Last month, a state appellate court issued a written opinion in an Arizona drunk driving case, discussing the defendant’s challenges to certain statements admitted at trial. Ultimately, the court held that, while the statements should not have been admitted, the defendant failed to show that admission of the statements constituted…

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Court Rejects Motion to Suppress Identification in Recent Arizona DUI Accident Case

Late last month, a state appellate court issued a written opinion in an Arizona DUI accident case discussing the defendant’s motion to suppress an identification made by witnesses to the accident. Ultimately, the court determined that the witnesses’ identification was not unduly suggestive, and even if it was, the defendant…

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Enhanced Arizona DUI Patrols Over the Holidays

Arizona ride-sharing and cab services are a popular way for residents to enjoy holiday festivities without the risk of impaired driving. However, as COVID-19 continues to spread throughout the state, people are understandably concerned about the various health and safety issues associated with ride-sharing services. In turn, individuals may be…

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