Arizona Criminal Defense Attorney Blog

DUI Field Sobriety Tests Field Sobriety Tests are a battery of preliminary roadside test that police administer to detect DUI drivers. National Highway Traffic Safety Administration (NHTSA) developed to these roadside tests to be used in early detection of DUI impaired, and DWI drivers. Police officers are formally trained and accredited to administer the tests.…

DUI Arrest Based on Blood Test Results Mesa AZ The police have discretion of whether or not to conduct a blood test or a breath test following a DUI stop in Arizona. Here are 5 reasons why an officer may decide to conduct a blood test over a breath test: Breath Test Refusal In Arizona,…

The Laws in Arizona for DUI are strict, harsh, and frequently changing. If you are unrepresented, you are held to the same standard as an experienced criminal defense attorney. This means you will be held responsible for meeting time lines, filing appropriate motions, challenging your charges with the authority of proper legal citation; representing yourself…

“Aggravated DUI” charges are Felony DUI offenses. Misdemeanor DUI charges are elevated to Felonies when specified ‘aggravating” factors under law surround it. One of the most reasons a Misdemeanor DUI is charged as felony is due to repeat DUI offenses. A third DUI charge, with two existing DUI convictions in 84 months or 7 years,…

TruNarc: Police Drug Detection Police Departments around the Country have begun using TruNarc, a mobile device used for drug testing. The device can rapidly detect single or multiple compounds and drugs, including those more difficult to detect such as “bath salts”, within seconds. For the last 50 years police have used lab kits to test…

A Simulated Explosive Device (SED) is a “Prohibited Weapons” under Arizona Law ARS § 13-3101. Misconduct with a Prohibited Weapon such as SED is a Class 5 felony. Knowing and intentional assault to a person resulting from an SED is a Class 4 felony. All felony offenses in Arizona are serious, and carry prison time.…

Truth-in Sentencing Laws Arizona Truth-in-Sentencing Laws were passed in 1993 pursuant to Senate Bill 1049, by the Arizona State Legislature. The laws revised Arizona Criminal Code the Truth-in-Sentencing Statutes under ARS § 13 – 101.7. The revised laws effected offenders who committed crimes after January 1, 1994. One of the provisions required a mandated 6…

*No Probable Cause to Search Prohibited Possessor’s Home for Weapon* On June 11, 2012, the 9th Circuit Court of Appeals reversed and remanded a conviction involving a firearm found at the home of a prohibited processor (felon). In order for the search to be constitutional under the Fourth Amendment “probable cause” for the search warrant…

On June 8, 2012, the US Department of Human Services Centers for Disease Control and Prevention (CDC) survey results. According to Youth Risk Behavior Surveillance Summaries 2011 report, Arizona topped the nation at #1 with 26.5% for high school students who engaged and alcohol “binge drinking”. Arizona dropped to the number #2 spot for with…

Prohibited Possession or Use of Firearm Laws Phoenix Arizona Under Arizona Law A.R.S. § 13-3102 a person may be guilty of misconduct with weapons if they knowingly: 1. Possess a “deadly weapon” or “prohibited weapon” and is a “prohibited possessor” as defined under A.R.S. § 13-3101; and/or2. Transfers or sells a “deadly weapon” to a…