Under What Circumstances Can a Person Be Arrested for a DUI?

In Arizona, “driving under the influence” statutes define a person’s ability to operate a vehicle in multiple ways. Listed below are explanations and definitions of Arizona’s DUI classifications:

MISDEMEANOR DUI’s

1.    A “DUI” is operating a vehicle while impaired to the slightest degree. Impairment may be from alcohol, drugs, or some other method by which the driver’s ability to operate a vehicle is somehow compromised. In other words, one does not need to be drinking to pulled over and ticketed for a DUI in Arizona.

2.    A person cited for “Per Se DUI” is a person whose blood alcohol content is above 0.08 within 2 hours of driving. A Per Se DUI is the offense people usually refer to when they, or someone they know, has been arrested for drinking while driving.

Owning Investment Real Estate in a Limited Liability Company (LLC)

Several clients have asked about owning investment Real Estate (usually a rental property) in a Limited Liability Company (“LLC”).  Usually, the main reason for clients are interested in placing property in a LLC is to provide additional liability to the owner.  To understand how this additional protection is provided, assume that you have purchased a residential property that you intend to rent out to tenants.  There are always risks associated with being a landlord, one of the worst being that a tenant loses their life while living at the property. (Look at the number of children that drown in swimming pools in the Phoenix area each year, some in residential rentals.)  Or what if someone breaks into the property injuring your tenants, and you are sued for failing to have provided adequate locks on the front doors or windows.   If you have insurance, (usually a Landlord’s policy on the rental and your own Homeowner’s policy), your insurance should cover most of the costs associated with defending such a claim and paying any damages.  However, there always is the chance that your policy may be insufficient to cover a large claim, particularly if a sympathetic jury were to award a claimant millions of dollars in damages.

Arizona Alimony in a Nutshell

Arizona law does not use the term “alimony,” and instead uses the term “spousal maintenance” when referring to support payments made by one spouse to another.

Spousal maintenance can be awarded as part of the terms of a divorce decree, during the time between filing for divorce and the court entering a final decision, or even while the parties are still married. Spousal maintenance is awarded to ensure adequate income for those who have become economically dependent on their spouse through the marriage.

Spousal maintenance is NOT used to punish a spouse for any wrongdoing and is NOT dependent on gender. However, while either party in a divorce can ask for spousal maintenance to be awarded, the trend in recent years has been to award less support than what has been seen in the past.

Short Sale vs. Foreclosure

Many Arizona homes are currently underwater, leaving homeowners left with the decision of staying in a house not worth its value, or walking away from the house.

There are two main options to consider in order to walk away from your home. You can either short-sale the home or leave the home, causing the bank to foreclose on the loan. The foreclosure process may seem easier than a short-sale process with similar outcomes, but in reality there are several benefits to short selling your home. Below, we have listed some of these benefits.

Implied Consent in Arizona

Under Arizona law, driving on the State’s roadways is a privilege and not a right. A person must apply for a license to drive a vehicle in Arizona. Once Arizona’s Motor Vehicle Division issues a person’s driver’s license, the person impliedly agrees to give his or her consent to have his or her breath, blood, or urine tested when a police officer suspects that person of driving under the influence of alcohol or some other substance. Arizona’s current state law imposes this presumption of implied consent.

The consequences for violating the implied consent law in Arizona are severe. If you refuse an officer’s request to submit to a test involving your breath, blood, or urine, the officer generally will serve you with a notice that suspends your license for 12 months. Moreover, the officer may detain you seek and obtain a warrant perform the test against your will. You may request a hearing at the MVD to determine the validity of the suspension. If you request such a hearing, the MVD will not suspend your license until making a determination following the hearing.