Under What Circumstances Can a Person Be Arrested for a DUI?

In Arizona, “driving under the influence” statutes define a person’s ability to operate a vehicle in multiple ways. Listed below are explanations and definitions of Arizona’s DUI classifications:

MISDEMEANOR DUI’s

1.    A “DUI” is operating a vehicle while impaired to the slightest degree. Impairment may be from alcohol, drugs, or some other method by which the driver’s ability to operate a vehicle is somehow compromised. In other words, one does not need to be drinking to pulled over and ticketed for a DUI in Arizona.

2.    A person cited for “Per Se DUI” is a person whose blood alcohol content is above 0.08 within 2 hours of driving. A Per Se DUI is the offense people usually refer to when they, or someone they know, has been arrested for drinking while driving.

Implied Consent in Arizona

Under Arizona law, driving on the State’s roadways is a privilege and not a right. A person must apply for a license to drive a vehicle in Arizona. Once Arizona’s Motor Vehicle Division issues a person’s driver’s license, the person impliedly agrees to give his or her consent to have his or her breath, blood, or urine tested when a police officer suspects that person of driving under the influence of alcohol or some other substance. Arizona’s current state law imposes this presumption of implied consent.

The consequences for violating the implied consent law in Arizona are severe. If you refuse an officer’s request to submit to a test involving your breath, blood, or urine, the officer generally will serve you with a notice that suspends your license for 12 months. Moreover, the officer may detain you seek and obtain a warrant perform the test against your will. You may request a hearing at the MVD to determine the validity of the suspension. If you request such a hearing, the MVD will not suspend your license until making a determination following the hearing.

Arizona Traffic Violations: Do you need an attorney?

Have you ever received a traffic ticket or citation? Were you driving on a suspended license, making an illegal u turn, failing to yield, running a red light, or speeding in a school zone? Many have done those things and think that it is no big deal. Because most of these violations a can be cleared up by paying fines or attending defensive driving or traffic school, most people simply don’t even consider hiring an attorney.

Often times (and especially for some of the more common driving offenses) the legal process is straightforward and streamlined enough to the point where you can proceed alone safely. However, for repeat offenses, multiple “minor” offenses, and for some of the more serious traffic violation charges, issues begin to crop up which most people don’t even consider, such as whether paying a fine or fee by mail, online or phone will be considered an admission of guilt, or how the accumulation of points on your driving license will effect your driving privileges. In these situations, consulting a knowledgeable traffic attorney will at least put you on notice regarding what concerns you should or should not have.

Also there are driving violations which result in criminal penalties. For example, reckless driving is considered to be a misdemeanor; but a DUI or failure to stop when an officer commands you to pull over can be a felony. Criminal citations result in higher monetary penalties; they threaten driver’s license suspension; you can spend a day or more in court, and the outcome could possibly include jail time.

Remember that though traffic citations are common, there are those that have much stricter consequences. When a court appearance is necessary, having an attorney represent you is essential. An attorney can work to dismiss your ticket, assist you in getting back your suspended license, petition to gain a hardship license, help to reduce your overall point total, save you time and your record, and work to have the courts reduce large fines or help to create a payment plan.

Before getting behind the wheel, you need to know the “rules of the road.”   Nevertheless, if you receive a traffic citation that requires your case to be heard in traffic court, hiring an attorney to represent you increases your chance for a more favorable outcome. The Carroll Law Firm is here to answer your questions and to assist you in finding the best way to handle your traffic violations.

DUI and the Consequences

Arizona law enforcement agencies made over 3,500 DUI arrests from November 25^th to January 1^st. Most of those people charged with Driving Under the Influence or Driving While Intoxicated have no experience with the legal system nor have any idea about what their options are. Instead their minds are probably filled with questions about possible jail time, the fines and fees involved, license suspension, and treatment program or community service involvement.

In Arizona there is a drunk driving law that prohibits a person from driving when they have a concentration of 0.08 percent of alcohol in their blood system, and this is the standard measurement used in all states. (If the person is a commercial driver, the limit is 0.04.) If convicted there are fees, fines, possible jail time, license suspension, and the installation of an ignition interlock device. For a first time offense this could range from $600-several thousand dollars, 24 hours up to 180 days of jail time, 90 days to 1 year license suspension, the cost of the ignition interlock device to the offender, and possible community service. These penalties increase with the 2^nd and 3^rd offense. In addition to the above, being convicted of a standard DUI in Arizona is a Misdemeanor Criminal Conviction. However, this could rise to the level of a Felony Conviction in certain circumstances, such as if this was the 2^nd or more DUI convictions, there was a minor in the vehicle, the driver was on a suspended or revoked license, or there was serious injury or death.

You can see that the Arizona penalties for DUI are harsh but diverse. The need for obtaining a good lawyer early is crucial. Having an attorney whom you have selected is better than having a court ordered attorney or signing a waiver that gives up your right to an attorney. You are then on your own and likely lack the needed understanding of the law. You should know that you have given your consent to a chemical test (blood, breath, urine) just by getting behind the wheel in Arizona. A good attorney is there to answer your questions, to give you good advice, perhaps to challenge the blood alcohol testing and its reliability, and to prove that you were not impaired while driving. Know that The Carroll Law Firm is there to represent you when faced with a DUI arrest or conviction. We are only a phone call away.

Staying Safe During the Holidays

Do you have any idea what the number 10,839 represents? It is the number of people killed by an impaired driver in the United States last year.  In Arizona (AZ) alone, there were over 14,000 arrests made in 2009 for those driving while under-the-influence; and 4,500 of these came between Thanksgiving and New Year’s Day.  Unfortunately, the holiday season is notorious for examples of people having one more drink at the office party, or enjoying an extra cocktail with a friend while remembering old times, or maybe just making a poor decision because of reduced judgment.

The Drunk Driving Fines and Penalties in Arizona range from the 1^st offense having a base fee of $250 with a number of additional charges possible, to jail time with a minimum of 24 hours up to 10 days, or license suspension from 90 to 360 days.  The court may also order the installation of an Ignition Interlock Device. Obviously, if it is the 2^nd or 3^rd conviction, the penalties drastically increase.  The measurement of 0.08 percent Blood Alcohol Concentration is the standard measurement used to determine if a driver is “impaired.” There is not an exact answer if you are wondering how many drinks would result in this measurement of 0.08.  Each individual has different characteristics that result in a different amount of alcohol needed to reach that measurement.  It really takes very little alcohol to make a person legally drunk, and so it is best not to drink before driving.

This holiday make good choices for yourself, your family, and for others.  Taking that extra drink begins with a choice and can end with a tragedy that could have been prevented.  Remember that the Arizona DUI Task Force, which began 20 years ago when two officers were killed by a drunk driver, is increasing their number of officers and setting up routine checkpoints to help make this a safer holiday season for all. Drive Safely!