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

520-220-5047

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

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945 N. Stone Ave, Tucson, AZ 85705
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Arizona Marijuana DUI LawyerArizona voters made history this November when they approved legalizing recreational marijuana. Beginning November 30, 2020, adults 21 years or older can legally possess up to an ounce of marijuana, with no more than five grams in a concentrated form, and can grow up to six marijuana plants at home, as long as the plants are within a lockable enclosed area and out of public view.

This ballot initiative, called Proposition 207, will give the Arizona Department of Health Services (AZDHS) responsibility for regulating marijuana retail stores and cultivation facilities. According to Ballotpedia, the passage of Prop. 207 also allows Arizonans who have been convicted of certain marijuana-related crimes such as possession, consumption, cultivation, and transportation to petition for the expungement of their criminal record beginning July 12, 2021.

Although the law has officially been passed, the rules regarding marijuana DUI prosecution are still undecided. In other states that have legalized the plant, the legal limit for driving while high is 5 nanograms of THC per milliliter of blood.

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Tucson criminal defense lawyerCalifornia resident Arthur Lange was driving home one day in 2016 when he caught the attention of a California highway patrol officer, who pursued him with the intention of giving a citation for playing music loudly and honking his car horn.

Instead of conducting a regular traffic stop, the officer followed Lange to his home where Lange parked his car in the garage and headed for the door. Without getting a search warrant or consent to enter the residence, the officer entered Lange’s garage by putting his foot under the garage door to block it from closing.

Upon talking to Lange, the officer believed he could smell alcohol on his breath and charged Lange with a DUI. In court, Lange argued that the officer’s entry into his garage without a warrant violated his Fourth Amendment right to be protected against unreasonable searches and seizures.  When the police seize evidence illegally, the exclusionary rule usually operates to bar the government from using that evidence at trial

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Tucson DUI Defense Law Firm In Arizona, the police can impound your car up to 30 days in some DUI cases. This applies even if the owner of the car was not present when the driver was cited for the DUI. Arizona Revised Statute §28-3511 is the law that allows the police to take your car. The law allows the police to impound the car if the driver:

1.     Did not possess a valid driver license;

2.     Had a revoked, suspended or canceled driver license;

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Tucson DUI Defense AttorneysArizona has harsh DUI penalties, even for first offenders. Arizona was also one of the first states to require a driver convicted of a DUI to install an ignition interlock device. If convicted with a DUI, a driver will be required to install and maintain an ignition interlock device at his or her own expense, in addition to paying fines and undergoing mandatory driving education and counseling. If you are facing a DUI charge, you should be aware of how Arizona’s ignition interlock devices may apply to you.

Determining Whether Interlocks Apply.  Ignition interlock devices only apply if the driver was convicted of an alcohol-related DUI, and do not apply if the driver was under the influence of another substance, such as marijuana or prescription drugs.

How the Device Works.  An interlock device requires a driver to blow into the device before the vehicle can start. If the device detects a prohibited level of alcohol, usually .02 or higher, the device registers a failure, and .the car will not start.

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Posted on in DUI

Arizona DUI Alcohol Defense AttorneyA year-long investigation by the New York Times determined that breath alcohol tests are untrustworthy. The Times published an article revealing that tens of thousands of breath alcohol tests are scientifically unreliable. In an article titled These Machines Can Put You in Jail. Don’t Trust Them the Times wrote, “Alcohol breath tests, a linchpin of the criminal justice system, are often unreliable.”

The investigation included interviews of forensic scientists, industry representatives, independent experts, defense attorneys, court orders, and internal documents related to breath alcohol devices across the country.  As part of the investigation, the Times determined that there were several reasons why alcohol breath tests were unreliable.

The first reason that the test results are incorrect is due to the design flaws in the machines themselves.  The investigation uncovered that the basic programming of these breath alcohol machines, called ‘source code’ often contained mathematical errors that should have been discovered by even the most simple verification. Manufacturers fought tooth and nail to prevent defense attorneys and courts from gaining access to the source code.

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Arizona DUI Alcohol Defense

DUI Arrest in Tucson? Breath Alcohol Test? For a long time, the Tucson Crime Lab has known that the breath testing device they use, called an Intoxilyzer 8000, can be off by as much as 11.7%.  The state tried to stop this information from being used in court.  But Tucson DUI Lawyer Michelle Behan, known nationwide as Miss DUI Arizona, together with other defense attorneys just won a three-hearing when a judge ruled to allow this evidence to be used in court to defend someone charged with DUI. This information could radically change your case.

b2ap3_thumbnail_shutterstock_744414736.jpgDUI checkpoints, or DUI roadblocks, are run throughout Arizona. DUI Checkpoints often receive federal funding for checkpoints run around holidays such as July 4th (Independence Day), Memorial Day, Christmas, Thanksgiving and New Year’s Eve and Day. The roadblocks might pop up for several days or at several locations.

The United States Supreme Court has approved roadblocks but requires that they have several features:

  • The roadblock should be well-lit with proper signage and safety cones etc.;
  • Stops must be made systematically (such as every 3rd car) and not arbitrarily changed;
  • Officers at checkpoints must be given very limited discretion as to what they can or cannot do;
  • The purpose of the roadblock must be lawful (such as to catch drunk drivers) and not for the detection of ordinary criminal wrongdoing;
  • There must be an operational plan approved by supervisory personnel;
  • The location (or site selection) and time must be approved by supervisory personnel;
  • There must be advance publicity announcing the checkpoint.

Many times, the police must meet certain minimum arrests or contacts in order to qualify for money from the federal government.

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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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