The Behan Law Group, P.L.L.C.


1-877-MISS-DUI / 1-877-647-7384

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945 N. Stone Ave, Tucson, AZ 85705

Tucson DUI defense attorney constitutional rightsRecently, Attorneys Michelle Behan and Donald Ramsell co-authored an amicus curiae (“friend of the court”) brief which was filed with the United States Supreme Court on behalf of the National College for DUI Defense (NCDD). This brief was in support of the petitioner in the case of Gerald P. Mitchell v. Wisconsin.

The brief made a number of arguments regarding people’s rights when asked to submit to blood alcohol content (BAC) tests in DUI cases. First, it argued that tests such as blood draws are covered by the Fourth Amendment and that a warrant should be required in order to conduct this type of search. In addition, “implied consent” laws are problematic, since they waive a person’s Constitutional rights to give voluntary consent to a search.

Second, the brief argued that the electronic warrant procedures implemented by the majority of states should be used in DUI cases. The ability to obtain a warrant in minutes makes legislated consent unnecessary and helps avoid the over-broad application of implied consent rules.


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Arizona first time DUIThe DUI laws in Arizona are very strict. For a First Time Standard DUI, with a blood alcohol result above 0.08 but below 0.15:

  • Jail: 10 days (9 can be suspended upon this successful completion of 12 months of unsupervised probation).
  • Fines: About $1,500, plus jail costs and $80 monitoring fee.
  • Screening and counseling required: Yes.
  • Driver's license suspension: 90-day suspension (with a potential 60-day restricted driving period for Arizona license holders after 30 days) or 1-year revocation (with a potential restricted driving period after 90 days upon installation of an ignition interlock device ).
  • Interlock device on vehicle: 12 months (with potential eligibility for removal after 6 months).
  • Community service: not required.

The lawyers at The Behan Law Group, P.L.L.C. can help. They will review your charges and often avoid the harsh penalties that you or a loved one face. Call for a free consultation at 520-220-5047 now.

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