DUI and Marijuana

Posted by James A. Charnesky

Marijuana Metabolites and DUI In Arizona, it had long been assumed that "any" metabolite of an illegal drug in one's body satisfied the requirements of Arizona's Drug DUI statute, A.R.S. § 28-1381(A)(3).  This interpretation of the statute lead to nonsensical results in that a person could legal...

Apr 22, 2020 0 Comments

Martial Privilege And DUI

Posted by James A. Charnesky

PHOENIX CITY v. HON. LOWERY/CRAIG Key Legal Issue:  Anti Martial Fact Privilege A.R.S. § 13-4062(1) and its application to DUI. Facts: Defendant charged with three counts of DUI and one count of criminal damage which is alleged to have occurred as result of the defendant driving under t...

Mar 26, 2018 0 Comments

License Ramifications of a First Offense DUI

Posted by Dina M. Dieglio

If you are cited for a misdemeanor DUI with no prior DUI convictions and you agreed to do breath or blood testing, you are facing a 90 day license suspension.  The first 30 days of the suspension you can not drive at all.  If you complete a DUI substance abuse screening from a certified provider,...

Feb 08, 2018 0 Comments

Arizona Supreme Court - State v. Maciel & Miranda Rights

Posted by James A. Charnesky

Miranda - Largely Misunderstood Most people are familiar with Miranda warnings - the warnings that we hear television cops read to the bad guys when they make a bust.  While most individuals are familiar with the warnings, they are one of the most misunderstood items in criminal law.  Perhaps ...

Feb 06, 2018 0 Comments

Lost and Found Evidence

Posted by James A. Charnesky

KVOA came by the other day with a few questions about some lost evidence in a high profile case.  Here is a link to the story. http://www.kvoa.com/news/news-4-tucson-investigators-chain-of-evidence/

Nov 18, 2014 0 Comments

Marana Police Say They Need A New Facility

Posted by James A. Charnesky

In the course of my practice I regularly go out to the the Marana Municipal Complex where the Marana Municipal Court is located along with the city offices, including the police headquarters.  I am in position to question their need for a new facility, but given that the Marana City Complex is on...

Oct 17, 2014 0 Comments

DUI and Drugs - A New Look

Posted by James A. Charnesky

Shilgevorkyan - A New Look At Drug Based DUI Many months ago I published an article on DUI drugs.  The information in that blog entry is now outdated as a  recent court case, State v. Shilgevorkyan, significantly changes how we look at the drug based DUI. Prior to Shilgevorkyan, the presence of...

Oct 14, 2014 0 Comments

Tucson Wrongful Convictions...

Posted by James A. Charnesky

County to investigate possible wrongful convictions http://tucson.com/news/county-to-investigate-possible-wrongful-convictions/article_e7ea5576-2106-5446-ba1b-ed515afb6c5e.html Proof beyond a reasonable doubt is suppose to assure that only the guilty are convicted.  One has to wonder how it is ...

Oct 13, 2014 0 Comments

Police and Video

Posted by James A. Charnesky

From the Arizona Republic / AzCentral.com today: "After Ferguson, should cops all wear cameras?" http://www.azcentral.com/story/i-see-news-people/2014/08/21/12news-wearable-cameras-prevent-inidents/14392871/ I have always contended that cameras are good for all parties.  They provide transpa...

Aug 21, 2014 0 Comments

Can I Get My DUI Conviction Expunged?

Posted by James A. Charnesky

Expungements, Set Asides, Clearances, And Arizona Law Several times a week I am asked, “How can I get my record expunged?”  In regards to “expungement,” most of think of this as the removal or destruction of arrest and conviction records such that if an employer did a background check, the arres...

Apr 20, 2014 5 Comments

DUI And Your Right To An Attorney

Posted by James A. Charnesky

DUI And Your Right To An Attorney Recently, we had a case with a right to counsel issue.  Police pulled our client over for alleged lane violations.  Our client, after producing his license, registration, and insurance, invoked his right to remain silent.  The officer nonetheless, persisted in ...

Oct 23, 2013 0 Comments

Tucson DUI News - St. Patrick's Day Checkpoint

Posted by James A. Charnesky

Not that it is a surprise, but the Pima County Sheriff's Department will be conducting a sobriety check point this Saint Patrick's Day weekend.  Here is their press release. Press Release St. Patrick's Day Sobriety Checkpoint Sent on 3/14/2013 12:58:26 PM As St. Patrick's Day approaches, th...

Mar 14, 2013 0 Comments

DUI In The News - Skateboarding and DUI

Posted by James A. Charnesky

From Salem Oregon comes news that a young man who apparently had a bit to drink and then went skateboarding has been charged with DUI. Can A Person In Arizona get a DUI for Skateboarding Drunk?

Mar 14, 2013 0 Comments

DUI and Criminal Damage

Posted by James A. Charnesky

.As a follow up to that post, in this entry, we will address a number of crimes routinely charged along side DUI. All of these, crimes, including DUI, are crimes that people typically never intended to commit, but are charged with nonetheless. DUI - A Strict Liability Crime The crime of DUI requires no intent.

Oct 28, 2012 0 Comments

The Legality of Law Officer Conducted Blood Draws

Posted by James A. Charnesky

Most people are shocked to learn that police officers in Tucson Arizona are personally drawing blood from individuals suspected of DUI. Many people first find out about this practice after being arrested for DUI and then being confronted with an officer's request that they submit to a blood draw which the officer himself is going to perform.

Oct 02, 2012 3 Comments

Practical Steps to Avoid The DUI

Posted by James A. Charnesky

I often hear from people that they just don't understand how it is that they ended up with a DUI because they "felt fine."  They ask me, "How does this happen?" One of the "issues" with drinking and then driving is that more often not, a person who has been drinking cannot determine whether t...

Sep 28, 2012 0 Comments

DUI and Drugs - Some Facts Everybody Should Know

Posted by James A. Charnesky

AZ DUI Laws: DUI and Drugs (Illegal and Legal)I wasn't drunk, but I did smoke some marijuana earlier in the day. I felt absolutely fine, but I hear that it doesn't matter.  Is this true?Yes, you can be stone cold sober and still be convicted of DUI in Arizona.  This is possible because Arizona la...

Sep 18, 2012 0 Comments

The Dangers of Phleboto-Cops

Posted by James A. Charnesky

Why We All Should Be Frightened About Police "Phlebotomists" Many DUI arrests now result with the arresting officer selecting a blood test over a breath test.  In the past,, when officers opted for a blood test, they would transport the DUI suspect to a hospital or other similar type medical fac...

Sep 17, 2012 0 Comments

Focused On Tucson DUI Cases


We live and work right here in Tucson. This gives us the time and energy to focus on producing great results for our clients locally. In fact, we've both spent our entire legal careers helping people accused in Tucson.

Focused On Your Case


We understand that a DUI charge is like a dark cloud looming above you. We work together to make sure that you not only get a great resolution to your case, but that you also know that you are well taken care of every step of the way.