Reputation.Resources.Results

I have seen many cases where a person is being detained prior to arrest in the Field Sobriety Test stage of a DUI investigation where the person asks to speak with an attorney, but the police say “ Not now. You can do that later.” Today we look at Arizona and other caselaw to answer the question: 

Driving under the influence (DUI) is a serious crime in Arizona and can lead to severe penalties, including fines, imprisonment, and license suspension. If you have been charged with DUI, it is important to understand your legal options and take steps to build a strong defense.

Driving under the influence (DUI) is a serious crime in Arizona. If you have been arrested for DUI, it is important to understand your legal rights and the potential consequences of a conviction. One of the most important decisions you will make is whether to hire a lawyer to represent you. In this article, we will discuss several  reasons why you may want to consider getting a lawyer for a DUI in Arizona.

Many of my clients, and their families, report to me at the first meeting that the police gave them “tests” at the roadside. They have little or no idea what these tests are about. But often, my client swears that she “passed” or at least thought she did well on these tests . Today I’m going to talk a little bit about the first of these roadside tests given thousands of times a year here in Tucson, what they mean to you, and why sober people routinely fail them.

A person is parked sleeping in is car. In a lined parking space, in a lot. Transmission in “park.” But the engine is running and the A/C is on. It’s 1:30 AM. This person is woken up by the police and then arrested for DUI even though he was not technically “driving Seems unfair? It is. This blog is to show you why this happens in Arizona and what to do about it.

In Devlin v. Browning in and for County of Pima, a Tucson DUI officer claimed he saw Devlin speeding at about 2:00 AM eastbound on Broadway, and stopped him for that reason. 249 Ariz. 143, 145 (App. Div. II 2020) The officer claims he smelled alcohol when he approached Devlin seated in his car, and that Devlin had “bloodshot watery eyes.” Devlin admitted that he’d been drinking. So, instead of simply giving Devlin a speeding ticket, the Officer began a DUI investigation, and eventually arrested Devlin for DUI.

During the COVID pandemic courts here in Arizona, in Pima County and in Tucson were temporarily closed, limited or cancelled. Almost all matters, especially for those out of custody, were continued interminably. For some time there were no jury trials, at all, no evidentiary hearings, sometimes not even any pretrial conferences. Cases languished. If you have one of those cases—one that has been pending for over a year. here’s some positive thoughts about what you can productively do.

Pull all the way off the roadway into a parking log, and park correctly in the lot if possible
If it is not too hot or too cold, turn off the engine and take the keys out of the ignition
If possible, sleep in the back seat, or the passenger seat.
If you are sleeping in the driver’s seat lean the driver’s seat all the way back
Text or email or call somebody to tell them that you have pulled off the roadway to sleep

The Supreme Court in a 9-0 opinion held first that “when a minor offense alone is involved, police officers do not usually face the kind of emergency that can justify a warrantless entry into the home.

First, let’s figure out what kind of DUI it is. They’re usually misdemeanors unless there’s been an accident, had children under 15 in the car, or you’ve had problems in the past. Most of the time when they give you a citation and let you go home it’s a misdemeanor.