Blog Articles – Criminal Defense & DUI

Arizona DUI Laws for ATV: Off-Roading Vehicle Under the Influence

Off-roading in Arizona is a thrilling adventure, with all-terrain vehicles (ATVs), quads, and side-by-side vehicles offering a unique way to explore the state’s rugged landscapes. However, the fun can quickly turn into a legal nightmare if alcohol or drugs are involved. Arizona’s DUI laws are some of the strictest in the nation and apply not just to cars and trucks but also to four-wheelers and other off-road vehicles, emphasizing the seriousness of operating a motor vehicle under the influence. Many drivers are unaware that these laws cover ATVs, leading to unexpected and often severe consequences for recreational vehicle DUIs.

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How Does a DUI Charge Impact My Arizona Real Estate License

A DUI charge in Arizona doesn’t just carry legal penalties—it can also have far-reaching effects on your career, especially if you’re a licensed real estate professional. The Arizona Department of Real Estate (ADRE) enforces strict rules to uphold the integrity of the profession. A DUI conviction, whether a misdemeanor or felony, can lead to disciplinary actions, suspension, or even the revocation of your real estate license.

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Can You Be Charged With a Crime for Leaving a Child Alone in a Car in Arizona?

Facing a DUI charge can be stressful, mainly when it stems from an unexpected situation like sleeping in a running car in a parking lot. Many believe staying parked in such conditions is a safe alternative to driving. Still, Arizona’s strict DUI laws often lead to misunderstandings about what constitutes “physical control” of a vehicle. Arizona’s DUI laws are among the most stringent in the nation, and understanding these laws is essential if you find yourself in such a scenario. If you or a loved one are facing a DUI charge, contact Phoenix DUI lawyer Arja Shah today.

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Arizona DUI While Sleeping in a Running Car in a Parking Lot

Facing a DUI charge can be stressful, mainly when it stems from an unexpected situation like sleeping in a running car in a parking lot. Many believe staying parked in such conditions is a safe alternative to driving. Still, Arizona’s strict DUI laws often lead to misunderstandings about what constitutes “physical control” of a vehicle. Arizona’s DUI laws are among the most stringent in the nation, and understanding these laws is essential if you find yourself in such a scenario. If you or a loved one are facing a DUI charge, contact Phoenix DUI lawyer Arja Shah today.

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What Happens If You’re Arrested While Driving Under the Influence for Uber or Lyft?

If you’re a rideshare driver arrested for driving under the influence in Arizona, the consequences can be life-altering. From the arrest process to legal penalties and potential deactivation from Uber or Lyft, understanding your rights is critical. This article explores Arizona’s DUI laws, the impact on your driving record and employment, and why having an experienced lawyer, like those at Shah Law Firm, is essential to protect your future and livelihood.

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Are You Safe From DUI Charges on Your Own Property in Arizona?

A common misconception is that DUI laws only apply to public roads and highways. However, Arizona’s DUI statutes are broad and apply in scenarios many would not expect. Even if you are on your own property, driving under the influence can lead to serious charges. Whether you are in your driveway, on farmland, or attending a private event, you could still face consequences under Arizona law.

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How Does a DUI Conviction Affect Your Car Insurance?

When facing a DUI conviction oIn Arizona, the length of time a DUI affects your car insurance depends on several factors, including how long it remains on your driving record. For most drivers, a DUI impacts insurance rates for seven years. However, some insurance companies may continue to consider your DUI history beyond this period when calculating premiums. Even after the conviction ages off your record, you may still face challenges rebuilding trust with insurance providers. Drivers with multiple DUIs or a history of high-risk behavior could see extended premium increases or difficulty securing coverage at standard rates.

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Can You Travel Internationally With a DUI Conviction | Arja Shah Law

When facing a DUI conviction on your record, life can feel overwhelming. Beyond the legal penalties, it may surprise you that being a person with a DUI can complicate international travel. Many countries, including Canada and South Africa, may deny entry into the country based on criminal history, particularly if the offense occurred within the past 10 years. Japan, one of the strictest countries regarding criminal background checks, and others listed often prevent you from visiting without additional documentation.

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Expungement Options for Misdemeanor DUI Convictions in Arizona

In Arizona, an “expungement” for a DUI conviction operates differently from a traditional expungement in other states. Arizona does not fully erase or remove convictions from records but instead allows for a process called a “set-aside” under ARS 13-905. When a set-aside is granted, the court officially dismisses the judgment of guilt, meaning the conviction no longer appears as a standing judgment on the person’s record.

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Will I Lose my Arizona Teaching License if I Get a DUI?

For teachers, the consequences of a DUI can extend beyond the courtroom. The Arizona State Board of Education expects educators to uphold high ethical standards. A criminal conviction might lead to disciplinary actions like suspension or even revocation of your teaching license. It’s important to understand how these laws specifically affect educators. Being informed empowers you to take proactive steps in your defense and helps you make decisions that can protect your career.

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Impact of DUI Convictions for Employment and Background Checks in Arizona

A DUI conviction in Arizona can have serious, long-term effects on employment and background checks. Under ARS § 28-1381, a DUI remains on your record permanently, meaning it will always be visible to employers conducting criminal background screenings. This can impact your ability to secure jobs, especially in industries requiring trust, safety, or clean driving records, such as healthcare, education, and transportation. Even a misdemeanor DUI can limit job opportunities, affect career growth, and in some cases, lead to termination if your current role involves driving or sensitive responsibilities.

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What Medical Conditions Affect Field Sobriety Tests

Field sobriety tests (FSTs) are commonly used by law enforcement to assess whether a driver is impaired. However, various factors, including medical conditions like vertigo, arthritis, and neurological disorders, can affect a person’s ability to perform these tests accurately. Additionally, external factors such as anxiety, uneven roads, and inappropriate footwear can lead to unreliable results. If you’ve failed a field sobriety test due to such factors, it’s crucial to consult with a skilled DUI defense attorney who can challenge the validity of the results.

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What are Arizona’s Open Container Laws?

Imagine you’re heading home after a long day, and your friend in the passenger seat opens a bottle of wine to celebrate the end of the week. You might not think much of it, but in Arizona, this seemingly harmless act could lead to serious legal trouble. Arizona has strict open container laws that prohibit the possession or consumption of alcohol in the passenger area of a vehicle on public highways. Even if you’re not the one drinking, having an open container in your vehicle can result in fines, a criminal record, and other consequences that can affect your future.

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Bar Fights: Legal Consequences and Defenses From an Attorney

A fun night out with friends at a local bar in Scottsdale can quickly take a turn for the worse when tensions flare and a heated argument escalates into a physical altercation. Before you know it, what started as a disagreement has turned into a full-blown bar fight, leaving you and others facing potential criminal charges. In Arizona, bar fights can lead to serious legal consequences, including charges like felony assault or disorderly conduct, depending on the circumstances.

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What is Arizona’s Implied Consent Law?

Implied consent in Arizona, as outlined in ARS § 28-1321, refers to the automatic agreement by drivers to submit to chemical testing if law enforcement suspects them of driving under the influence. When you receive your driver’s license in Arizona, you are giving your implied consent to be tested for blood alcohol concentration (BAC) or drug levels if a law enforcement officer has reasonable grounds to believe you are impaired.
The test may include a breath, blood, or urine test, and the officer typically decides which type of test will be administered. Refusing to submit to this testing can have serious consequences, including an automatic suspension of your driving privileges, even if you are not ultimately convicted of a DUI.

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Preliminary Breath Test Vs. Breathalyzer Test

In this article, we explore the differences between a Preliminary Breath Test (PBT) and a Breathalyzer test in Arizona DUI cases. The PBT, often used during traffic stops, provides a quick estimate of blood alcohol concentration (BAC) but is less reliable than the Breathalyzer test used later in DUI processing. Attorney Arja Shah discusses the common problems with PBTs, including accuracy issues and false positives, and clarifies your right to refuse the test. We also cover the legal implications of these tests, highlighting the importance of having a skilled defense attorney to protect your rights.

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Defense Strategies For Commercial DUI Charges

Facing a DUI charge is challenging for any driver, but for commercial drivers, the stakes are significantly higher. Commercial DUI charges not only threaten your ability to drive a commercial vehicle but also jeopardize your livelihood and future career prospects. In Arizona, the legal blood alcohol content (BAC) limit for commercial drivers is just 0.04%, half of the limit for non-commercial drivers.

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Can a Passenger Be Charged With a DUI?

When most people think of a DUI, they envision a driver behind the wheel who has been drinking and is operating a vehicle while under the influence. However, what many may not realize is that a passenger can also be charged with a DUI under certain circumstances. This can be a shocking revelation for those who assumed they were safe from such charges simply by being a passenger. In this article, we will explore the situations in which a passenger can be charged with a DUI, and how to avoid finding yourself in this legal predicament. From being in a car with a driver who is under the influence to underage drinking while in a vehicle, there are various scenarios that can lead to a passenger facing a DUI charge.

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DUI and Child Endangerment: Dual Charges and Defense Tactics

Driving under the influence (DUI) is a serious offense that can have severe consequences, both legally and personally. But when a DUI also involves child endangerment, the stakes are raised even higher. In cases where a driver is not only under the influence of drugs or alcohol, but also has a child in the vehicle, dual charges of DUI and child endangerment can lead to harsh penalties including a felony conviction.

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FAQS: Domestic Violence Charges

Under Arizona Revised Statutes (ARS), a domestic violence charge can be brought against someone if they are accused of committing a criminal offense against a current or former intimate partner, family member, or household member. This can include acts such as assault, harassment, or stalking.

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What is The Difference Between Simple and Aggravated Assault

In the state of Arizona, there are two main types of assault charges: simple assault and aggravated assault. While both involve intentionally causing harm or fear of harm to another person, there are key distinctions between the two.
Simple assault is considered a misdemeanor offense, punishable by fines and potential jail time. This type of assault typically involves minor injuries or threats of violence. On the other hand, aggravated assault is a felony charge in Arizona, carrying more severe penalties, including lengthy prison sentences.

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Disorderly Conduct in Arizona: ARS 13-2904

Imagine a heated argument at a neighborhood block party. Voices raise, tempers flare, and what started as a disagreement escalates into a shouting match. Suddenly, someone calls the police, and before you know it, you’re being charged with disorderly conduct. Situations like this are more common than you might think and can quickly turn an everyday occurrence into a legal nightmare. Disorderly conduct, as defined by ARS 13-2904, encompasses various behaviors intended to disturb the peace.

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What is a Phantom DUI Checkpoint ?

You’ve probably seen DUI checkpoints set up by law enforcement to catch impaired drivers and deter drunk driving. But did you know there’s a strategy known as a phantom DUI checkpoint? Unlike traditional sobriety checkpoints where vehicles are stopped and drivers are checked for signs of intoxication, phantom checkpoints use signs and the visible presence of police vehicles to create the illusion of an active checkpoint. Understanding the concept of phantom DUI checkpoints, their legal standing, and your rights when encountering them can help you handle these situations more effectively.

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Can You Reduce a DUI Charge to Reckless Driving in Arizona ?

Reducing a DUI charge to reckless driving in Arizona is possible with the help of a skilled DUI defense attorney. An experienced lawyer can negotiate with prosecutors, challenge evidence, and highlight mitigating factors to achieve a lesser charge. The advantages include reduced penalties, lower fines, fewer driving record points, and less impact on insurance and employment. First-time offenders, in particular, have a higher chance of obtaining a reduced charge. Contacting an experienced DUI defense attorney like Arja Shah, known for her successful track record in defending DUI cases, is crucial for achieving the best possible outcome.

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Felony Charges Reduced to Reckless Driving

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Super Extreme DUI Reduced to First Time Regular DUI

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R. Aguilera - Attempted Murder
Attempted Murder Charges DISMISSED

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Michael - Phoenix DUI Arrest
Felony DUI Charge Reduced to a Fine

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T. McCarty- Extreme DUI Charge Possible 30 Days Jail
Reduced to Reckless Driving and a Fine

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Andrea- Disorderly Conduct and Domestic Violence
Charged Dismissed

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Tyler Goodwill - DUI
Charges Reduced to Minimum
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