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

520-220-5047

1-800-DIAL-DUI

( 1-800-342-5384 )

945 N. Stone Ave, Tucson, AZ 85705
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Arizona DUI Law FirmBy Michelle Behan, The Behan Law Group

            In Arizona, the penalties for a DUI increase if the driver has previously been convicted of a DUI.  Penalty-enhancing prior convictions are not limited to DUIs that occurred in Arizona.  Under certain circumstances, an out-of-state conviction for DUI can enhance an Arizona DUI.  The penalties for second offense DUIs in Arizona that occur within seven years are harsh, and range from 30-180 days in jail, fines and fees in excess of $3,500, and supervised probation.  A third DUI within seven years is a felony, and will carry a sentence of 4 months -2.5 years in the state prison. 

            Statutory Elements

            In order for a court to determine whether an out-of-state DUI conviction can constitute a prior in Arizona, the court takes a look at the elements of the out-of-state statute the driver was convicted of violating.  If those elements are the same as the elements of the Arizona statute, then the out-of-state prior counts as a penalty enhancing Arizona prior.  In State v. Ault, the Arizona Supreme Court established that the reviewing court must conclude that the foreign conviction includes, “every element that would be required to prove an enumerated Arizona offense.”  157 Ariz. 516, 521, 759 P.2d 1320, 1325 (1988). 

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Arizona DUI Defense

Arizona DUI Attorney Michelle Behan recently spearheaded a challenge to the DUI breath alcohol testing program run by the Tucson Police labs. She and others discovered that the breath alcohol tests were off target by an amount that makes some people who receive an #ArizonaDUI, #ExtremeDUI or #SuperExtremeDUI arrests not guilty. 

The TPD DUI crime laboratory is attempting to prevent this evidence from being used in court. Michelle, also known as Miss DUI Arizona,  along with a team of DUI defense attorneys, argued that the truth behind the breath testing must be made public.

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