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“Ask the Oracle” Q&A:

(1) Q: What is the typical penalty for a first-time DUI offense?q&a_image

A: If convicted of driving under the influence, you will likely face penalties of up to 10 days in jail, a fine of $1,250, be required to attend an alcohol treatment program, and complete community service.

  • However, if your BAC was 0.15% or higher, the penalties will usually double.

 

(2) Q: What is the typical penalty for a 2nd DUI offense?

A: If convicted of driving under the influence, you will likely face penalties of at least 90 days in jail, a fine of $3,000, a one-year suspension of your driver’s license, an alcohol treatment program, and be required to complete community service.

 

(3) Q: Do the police need a warrant to search my cell phone?

A: Yes. In 2014, the Supreme Court unanimously held that police must obtain a warrant before searching the contents of someone’s phone.

 

(4) Q: If I get divorced, will my spouse automatically be entitled to ½ of my assets?

A: No. Upon divorce, Arizona divides marital property (the property acquired by either spouse during the marriage) equitably, based on which spouse is most deserving of any one piece of property.

 

(5) Q: How do the courts determine which parent gets custody of the children at divorce?

A: The courts determine which parent gets custody in accordance with “the best interests of the child”—taking the child’s preference, continuity, and who the primary caregiver was during the marriage into account.

 

(6) Q: Is it illegal to text and drive in Arizona?

A: Arizona is one of 7 states that has refused to pass a law banning texting while driving. However, several cities have passed local ordinances forbidding texting while driving—including Phoenix, Tempe, Tucson, and Flagstaff.

 

(7) Q: Do constitutional rights apply to undocumented aliens?

A: Mostly yes. The 5th and 14th Amendments forbid the government from denying “any person of life, liberty, or property without due process of law.” This means that the government must go through the proper channels before denying anyone of the rights enumerated in the Constitution.

 

(8) Q: What has the Supreme Court said about Obamacare?

A: The Supreme Court has largely upheld the major provisions of Obamacare; the Court did rule, however, that the Federal Government was not allowed to require the States to expand their Medicaid coverage.