Arizona Dui Penalties

Phoenix Arizona DUI Attorney – DUI Attorney Phoenix AZ

ARIZONA DUI LAWS HAVE HARSH CONSEQUENCES

Arizona DUI laws underwent significant changes in September 2008. These laws are in effect as of the date of this article. Arizona already had some of the strictest DUI laws in the country. During the 2008 legislative session the legislature amended Arizona’s already tough DUI laws to make them even harsher. This means that if your were arrested for a DUI after September 2008, the new law and DUI penalties apply to you.

New Second Offense DUI Time Frame

There were many new changes made to Arizona DUI law in 2008. First, the prosecutor may now allege a prior DUI for up to seven years. Under the previous law, the prosecutor could only allege a prior DUI for five years. Unfortunately, regardless of whether your prior DUI occurred at the time when the law only allowed a prior for up to five years, the State may now use that prior up to seven years later. This means many more people in Arizona will now be facing second or third DUI offenses because the prosecutor can now reach back seven years to find a prior DUI offense in your history. So you will have a Second Offense DUI if you have a prior DUI within the last seven years.

No More Suspended Jail Sentences for Extreme & Super Extreme DUIs

In addition to expanding the time in which the prosecutor may allege a prior DUI, the new Arizona DUI laws enhance the mandatory minimum penalty for Extreme DUI and Super Extreme DUI offenders. The Judge can no longer suspend a portion of your jail sentence if you are convicted of an Extreme (A.R.S. 28-1382(a)(1)) or Super Extreme (A.R.S. 28-1382(a)(2) DUI. This applies whether your Extreme DUI or Super Extreme DUI is a first or second offense.

New Extreme DUI Penalties

Under these new Arizona DUI laws, a person convicted of a first offense Extreme DUI, (BAC of .15 or more) in Arizona is facing a mandatory minimum sentence of 30 consecutive days in jail. The new Arizona DUI laws require a minimum jail sentence of 120 days if you are convicted of a second offense Extreme DUI.

New Super Extreme DUI Penalties

The new Arizona DUI laws require a mandatory minimum jail sentence of 45 days for a First Offense Super Extreme DUI (BAC of 2.0 or more). A 6 month jail sentence is required for a Second Offense Super Extreme DUI.

New Driver’s License Penalties

The new Arizona DUI laws also have several new consequences on your license. First, before being allowed to drive following a suspension from MVD, a person charged with DUI will be required to obtained alcohol screening prior to reinstatement. The requirement for alcohol screening is not dependent upon a conviction. Also, following any DUI conviction, a person will be required to equip their vehicle with a certified ignition interlock for a period of not less than one year. The period of time required for the interlock device can be expanded.

The new Arizona DUI laws are sure to affect many people. Thus, people should be aware that if they or someone they know received a DUI conviction after September 2008, things have changed significantly and it important they contact an attorney to discuss their new case. The new consequences of a DUI conviction can be life changing.

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Arizona Drunk Driving

What Does it Mean When the Police Say You Were Driving Under the Influence in Arizona?

When the government charges someone with a misdemeanor DUI in Arizona, there are a number of charges that come along with it.  There is usually never just a single Arizona DUI charge. This is why it is so critical to hire a competent Arizona DUI lawyer.

The first charge is driving under the influence.  What that means is the government is alleging the defendant was driving a motor vehicle, and while driving, the driver was under the influence of alcohol or drugs to at least the slightest degree.  With is charge, called driving under the influence, the driver’s blood alcohol concentration is irrelevant.    The government can convict you even with a minimal amount of alcohol in your system. In other words, you did not have to be above the legal limit of alcohol, which is .08 in Arizona, the state to convict you of driving under the influence.  Ironically, if you have a very good tolerance to alcohol you could potentially beat this charge by saying your high tolerance allowed you to drive without any affect, regardless of how high the blood alcohol concentration actually was. If the state convicts you of this charge, the minimum time in jail is one day in custody. In a driving under the influence charge only, the blood test results by themselves are not dispositive.  The first kind of evidence the government will use is the police officer’s observations. All officers in Arizona are certified peace officers, and they all have taken certain courses in DUI investigations. These courses are all standardized NHTSA (National Highway Traffic Safety Administration) classes, the same across the country. The police officer will testify as to how he saw the accused drive and how he saw the accused behaved once he got out of the car. The testimony is always right out of the NHTSA playbook, practically memorized. The police officer will testify to no end how the accused exhibited the NHTSA “nighttime driving cues of impairment.” That is just copspeak for “he looked like he was driving drunk.”  Next, the police officer will testify about the field sobriety tests, or FSTs. According to NHTSA, the FSTs are standardized and are a reliable way to determine if someone has had too much to drink. The tests typically include the horizontal gaze nystagmus, the walk and turn, and the one legged stand. Allegedly, these tests are validated.

The second count in a typical misdemeanor Arizona DUI case is called the per se charge. This charge means your blood alcohol concentration was above the legal limit.  In these sorts of cases, the blood test results are usually dispositive.  For non-extreme DUI charge, the legal limit is 08. For an extreme DUI charge  the legal limit is .15.  The per se charge means that regardless of how high your alcohol tolerance is, you drank so much alcohol that it increased your blood alcohol concentration above the legal limit.  It does not matter for the per se charge that the alcohol you drank did not affect your ability to drive.  If the state convicts you of the first per se charge, ie, blood alcohol concentration above the .08, the minimum time in jail if one day in custody. If the state convicts you of the extreme DUI charge, the minimum time in jail 30 days in custody. With any DUI conviction, even for a first offense, you must have an interlock device for at least 12 months after you get your license reinstated.

Importantly, even if the state convicts you on all three counts, that does not mean you have a three DUI convictions on your record. As long as it is for the same DUI stop, it is only one Arizona DUI conviction.

If you have been charged with a DUI, please contact the Law Office of Vladimir Gagic for a free initial consultation regarding your case.

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Arizona Dui Penalties

What kind of penalty am I looking at for possession of Marijuana in Arizona?

I was stopped at the US Border Patrol checkpoint in Yuma, Arizona about 10 days ago. This checkpoint is located on the I-8 eastbound and is staffed by US Border Patrol and Customs agents. I had a small, personal amount (about 4 grams) of Marijuana in my car, and the drug sniffing dogs alerted the agents to my car. They had me pull over and asked if they could search my car. I said ‘I’d rather you didn’t” and they said they would put that in their report, but because of the dogs, they had probable cause to search.

If you have no priors and this is your first offense you’ll probably get charged w/ a misdemeanor offense get off w/ a fine and probation.

If you do the crime you’ll do the time in Maricopa County.

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what happens to a 17 year old who received a dui.in arizona?

went to the police station. blew a couple tests and they kept messing up then she was asking for her dad or a lawyer to be there for the blood test and they wouldnt let. but still took blood

In many states, 17 years old is considered an adult when it comes to committing a crime.

She will eventually be brought to court, and the offer from the prosecutor will likely be a fine and probation (likely somewhere between 12 and 24 months). She will undoubtedly have a fine and ct costs to pay, as well as probation fees. She will also likely get community service, and have to take an alcohol class and maybe undergo substance abuse counseling.

The whole thing, with the monthly probation fees, will be thousands of dollars in the end.

If there is concern about the legal rights she had during the arrest procedures – hire an attorney. But likely, that will probably be a dead end. But, if you want to spend the money on an attorney – I guess she could try.

SOMETIMES when you hire an attorney, you can get a slightly better deal – the DUI/DWI might get reduced to a lesser charge. That’s not guaranteed. And having worked in a few counties, I have been in some counties where having an attorney makes absolutely no difference. Unfortunately, there is no way for you to know that unless you sat in the court all the time like I do.

Tempe DUI Attorney – Arizona DUI

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Phoenix Dui Attorney

How do I find a public defender in Phoenix Arizona?

My 24 yr old daughter got a DUI in January and just told me last nite that she has her court date in 1 week 4/29. I am devastated that she took so long to tell me and I have no money to pay for an attorney. She has never had a record of any sort and I desperately need to help her somehow and have no one to turn to myself and to make things worse Im in Texas.
Please help!

Public defenders are assigned, not aquired. She would need to show that she cannot afford an attorney (and this may not apply to traffic violations, mostly criminal matters). She is 24 and therefore an adult. Only she can shape her destiny.

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