Son who is 20 years old was arrested or Dui and possession of some marijuana. Was a little over limit on BAC and taken in.

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took second Breathalyzer and passed then was told his case was under review and they would go to his home and give him citation. Was given a mandatory fingerprint form. What do we do now? Will he have a felony? This was 3 business days ago and haven't heard anything yet.

Attorney Answers

4
Aaron Black ·
Possession of Marijuana is a class 6 felony in Arizona. DUI is a misdemeanor. However, it would be charged as Aggravated DUI (felony) if 1) his license was suspended, or 2) he was ordered to have the ignition interlock in his vehicle, or 3) this is his third DUI in seven years, or 4) he has a child under the age of 15 in his vehicle. If he was served a complaint/citation he must appear in court. Also, if he was ordered to provide fingerprints he must get them done. Aaron M. Black Criminal & DUI Defense Attorney Martindale AV® Preeminent™ Lawyer 2012 & 2013 Southwest SuperLawyer Rising Star 10/10 Superb Lawyer Law Office of Aaron M. Black, PLLC 3219 East Camelback Road #573 Phoenix, AZ 85018 Office #: 480-729-1683 Email: [email protected] www.aaronblacklaw.com
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Brent Harris ·
For a person under 21 in Arizona, the legal limit is 0.00. So any BAC is over the limit. Also, any quantity of THC in the blood is too much if the person does not have a card, and while driving, even if the person had the card (if it's the right metabolite other defense attorneys), any is too much. Possession of Marijuana is technically a felony but regularly plead down to a misdemeanor, the DUI is very likely not a felony and not going to become one. However, with all the charges, and the many DUI defenses a lot of people are not aware of, it is in the family's interests to get him an attorney ASAP.
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Ethan Meaney ·
I agree with the above comments and would add that you should speak with an experienced DUI/Criminal Defense Attorney in your area. If you want to find one here on you can select "Find a Lawyer" at the top of the page. Good luck.
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Howard A SnaderCriminal Defense AttorneyPhoenix, AZ ·
He is facing potential charges for both felonies and misdemeanors. Assuming he has no criminal history, the DUI should be a misdemeanor. The Possession of Marijuana is a felony that the prosecutor may charge as a felony or reduce the matter to a misdemeanor. It is also possible that the DUI will be prosecuted in one court, and the drug charges prosecuted in a separate court. Make sure he follows the instructions to obtain the fingerprints. As for not hearing anything yet, I am unsure what you are referring to. He received a citation, so he has court on that matter. If you are referring to the drug case, you likely may not hear anything for months as police or prosecutors may be waiting for lab results. I would highly recommend contacting an attorney that is experienced in these matters. Please give a call.
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