Michael A Harwin’s Answers

Michael A Harwin

Tucson DUI / DWI Attorney.

Contributor Level 8
  1. Revocation period ended after 2nd DUI in Arizona. What should I expect when getting it reinstated?

    Answered about 1 year ago.

    1. Michael A Harwin
    2. Cindy Castillo
    3. Jasen Bodie Nielsen
    3 lawyer answers

    MVD wants to be sure that you are rehabilitated and do not pose a risk for recidividism, such as an untreated alcoholic would. You should expect a wait once your packet is completed and submitted. My experience is that most people are successfully reinstated who fill out the packets and are otherwise eligible to drive.

    6 lawyers agreed with this answer

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  2. Got a DUI on Dec. 12, 2012. Charges dropped. Now they are refiling on Dec. 21, 2013. Can that be done 1+ years later?

    Answered 7 months ago.

    1. Cary L Lackey
    2. Michael A Harwin
    3. Ryan W Cummings
    4. Howard A Snader
    4 lawyer answers

    There’s a few issues raised. First, if this is an Arizona matter and it is currently being charged as a misdemeanor, there may be a statute of limitations issue, based on the dates you provide. There are a few variables, including how long after the first dismissal it was refilled. Second, I would imagine if it was refilled there may have been blood results pending. It would be useful to know the toxicology results. Third, epileptics have special issues related to DUI investigations and...

    6 lawyers agreed with this answer

  3. I have warrant for running from probation.

    Answered 8 months ago.

    1. Michael A Harwin
    2. Christopher Daniel Leroi
    3. Steven W Zachary
    4. Arthur Spiegel
    4 lawyer answers

    If this is an Arizona matter, it sounds like the probation department may be moving to revoke your probation for absconding. Typically, you are taken into custody and held, often without bond. There was a special probation revocation court, at the 4th Ave jail in the basement, and it could be that your case will be handled there. If you had a public defender they will reappoint one for you. Many times people in your position consult attorneys who attempt to work out a self surrender in...

    6 lawyers agreed with this answer

  4. Does holding my in jail for 10 hours after Dui arrest violate my right to gather evidence?

    Answered about 1 year ago.

    1. Michael A Harwin
    2. Jasen Bodie Nielsen
    3. Ethan Patrick Meaney
    3 lawyer answers

    If you clearly and affirmatively invoked your right to an independent test immediately after being advised of the right to one, there may be an issue. Typically police in the course of the investigation advise of the right (before booking) to an independent test. The police and jail personnel should have documented your invocation to an independent test. I hope this helps. --MH

    5 lawyers agreed with this answer

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  5. What is the sentencing for a first offense of a dui drug charge?

    Answered about 1 year ago.

    1. Michael A Harwin
    2. Ethan Patrick Meaney
    2 lawyer answers

    The problem with the DUI/drug charge is that if convicted it comes with a one year mandatory license suspension (the 1381 dui does not, just the interlock ignition device). My understanding is that you'd likely have to get the interlock anyway, so I'm not sure you'd want to change the outcome, even if you were able to.

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  6. What happens?

    Answered about 1 year ago.

    1. Michael A Harwin
    2. Cary L Lackey
    3. Mark E. A. Bakay
    3 lawyer answers

    The short answer is that you must drive only the car with your interlock ignition device installed. Remember, your driver's license reflects an interlock restriction. That means you can only drive a car equipped with the device. Importantly, I have seen too many cases where people get stopped and arrested for DUI's when they have an interlock restriction, and are then charged with a felony. I have also seen sober people stopped driving someone else's and found to be in violation of the...

    5 lawyers agreed with this answer

  7. I was charged with two first time dui both within five years I had a cdl what will it take to get it back here in arizona

    Answered about 1 year ago.

    1. Cindy Castillo
    2. Michael A Harwin
    3. Ethan Patrick Meaney
    4. Jasen Bodie Nielsen
    4 lawyer answers

    My understanding is that upon conviction of a single misdemeanor dui your AZ CDL will be lost for at least one year. Moreover, my understanding is that under federal common carrier law you may be precluded from working as a commercial carrier. We had a case recently where MVD suspended a CDL upon arrest for a DUI and we thankfully were able to fix that for the client. But be aware that there are both state and federal ramifications for working CDL holders. --MH

    5 lawyers agreed with this answer

  8. I missed my court hearing and live in Australia now , how can I take care of this ? Dont want warrants .

    Answered about 1 year ago.

    1. Michael A Harwin
    2. Anthony Michael Solis
    3. James Regan
    4. Howard A Snader
    4 lawyer answers

    I think it is possible. The concern initially would be that there would likely be a warrant out for you. I've had a case where a professor warranted in AZ and was picked up returning to the US from Europe at POE Miami Int Airport and extradited to AZ. You don't want that sort of thing to happen. I think you'd want to engage counsel who is very familiar with the court system you are involved in and, first, have them move to quash the warrant. Second, they may be able to negotiate a...

    4 lawyers agreed with this answer

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  9. Can I get my licence in Arizona after getting a dui in California

    Answered about 1 year ago.

    1. Cindy Castillo
    2. Michael A Harwin
    3. Derek Anthony Patrin
    4. Jasen Bodie Nielsen
    4 lawyer answers

    It really depends on your California motor vehicle record and any restrictions on your California license. You undoubtedly would want to contact your California attorney who would contact the court to seek permission to complete DUI classes out of state, which in Arizona happens with regularity.

    4 lawyers agreed with this answer

  10. I live in Sierra Vista, AZ but was arrested in Phoenix for DUI.Is there a way to change the date or location of your court date

    Answered about 1 year ago.

    1. Cary L Lackey
    2. Michael A Harwin
    3. Aaron Michael Black
    4. Ethan Patrick Meaney
    4 lawyer answers

    The location of the criminal court generally cannot be moved, especially in misdemeanor DUI cases. However, if you retain an attorney in Phoenix you may be able to avoid having to go up there on a regular basis to appear in court.

    4 lawyers agreed with this answer

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