Archive for January, 2011
Phoenix DUI Law – The Details
PHOENIX DUI
Driving Under the Influence in Phoenix or a Phoenix DUI could be charged in two ways. The first way is not as severe as the second way. The first way is termed driving impaired. When you are charged with driving impaired this means your capacity to operate a vehicle has been reduced because of drinking alcohol or drugs. Because you’re not breaking the “per se” statute, driving impaired is not as significant a criminal offense as DUI.
Phoenix drunk driving laws cover just about anything that requires a license to operate. This would apply to cars, watercraft, motorbikes, and may even expand to bicycles. That might seem difficult to believe, but it is true. Whenever you’re intoxicated by a substance that reduces your mental ability to use a motor vehicle, you are susceptible to Phoenix DUI laws and regulations. The most frequent drug reported in examples of DUIs is alcohol. But, some other common drugs such as tranquilizers, marijuana, opiates, amphetamines, and cocaine are also prevalent.
Phoenix DUI laws forbid driving a vehicle with a blood alcohol concentration (BAC) of .08 percent or more. For anyone who is pulled over while driving a motor vehicle and has a BAC of .08 % or more, you will be arrested and charged with DUI.
Phoenix DUI Penalties and Process
The fines and punishments pertaining to a Phoenix DUI usually vary based on the circumstances of the criminal offense, and whether there’s a track record of earlier infractions.
Even if it is your very first DUI, you should look at this as a serious issue. The punishment for a DUI even for the first offender is pretty severe. You are looking at a large fine and loss of your driving rights. Other limitations may also be enforced upon you too. So, even if this is your very first DUI, it’s essential to consider this to be a serious predicament.
On a good note, if this is your first DUI, odds are you won’t spend any time in jail after you make bail. This certainly not the case however when there is a critical accident including injuries or death.
Phoenix DUI cases are normally misdemeanors, although they can be dealt with as felonies if: 1. If in the last five years you’ve been found guilty of 2 or more DUIs. This applies even if the DUI was in some other state besides Arizona. 2. If you have had your drivers permit suspended and you’re driving under the influence 3. A child under the age of fifteen was in the car at the time of the drunk driving offense.
A much more serious charge of 3rd degree murder or vehicular homicide could be the end result when there is loss of life from the drunk driving.
When you stand trial for a Phoenix DUI, you’ve got the legal right to a jury trial. You may waive the legal right to a jury trial and have the judge to decide the case.
Phoenix DUIs are common. Because there are many people who are charged with this crime, there are a number of Phoenix DUI lawyers that can help someone in their defense. There are many DUI lawyers that specialize entirely in representing individuals with such charges. These lawyers are often called ‘DUI attorneys’. Because driving under the influence is a significant charge, it is strongly suggested that you meet with a legal professional at your earliest convenience after getting a DUI.
Originally published here.
Brady Payne
Phoenix Arizona DUI Lawyer: A Severe Crime Demands Serious Legal Help
Being arrested on a DUI charge is certainly not going to make anyone’s bucket list, but some places are a bit worse than others to find yourself facing a DUI legal case.
Arizona laws are quite stringent when it comes to cases of DUI. In 2009 alone, Arizona made 14,000 arrests for DUI. And that number was up from the year before.
If you are arrested in Arizona for a DUI, you will need a Phoenix, Arizona DUI lawyer to help you with your case. Why? Because you could be looking at some stiff penalties.
The consequences for a DUI arrest in Arizona hinge on whether or not this is your first offense. If you have had a DUI arrest in the last seven years, then this is not your first offense.
Your blood alcohol level at the time of arrest greatly impacts your case. If your blood alcohol is.08, you are looking at a minimum of ten days in jail. But you could be looking at 180 days. Your fines start at $1800, but increase with your jail time as you pay the costs for your jail stay.
You can say goodbye to your license for 90 days. It is possible to get a permit to travel to and from work or school after the first 30 days of suspension.
Substance abuse counseling is a mandate, not an option. If you do not comply with the recommendations from counseling, you are looking at increased jail time.
Your probation will last up to five years. Expect Community Service and you will likely be sentenced to attend at least one Impact Panel with M.A.D.D. (Mothers Against Drunk Driving).
Additionally, you will get an ignition interlock device on your car for a minimum of twelve months. This is a breathalyzer on your car that you must blow into in order to drive. If your blood alcohol level is above the programmed limits, your car’s ignition locks. Once your car does start, you will have to blow into the breathalyzer periodically. Failure to blow a clean sample into the machine will initiate alarms forcing the driver to either provide a clean sample or pull over and turn off the car.
If it is your second offense with a blood alcohol level of.08, then you can expect stiffer penalties. And an increase in blood alcohol levels means an increase in penalties. For example, a first offense with blood alcohol level of.15 is a minimum of thirty days in jail. You could spent up to 180 in jail. Your fines increase to a minimum of $3,000 and the bad news just gets worse from there.
When you are shopping for a lawyer, you need to find someone who has the experience you need to help you with your case. A lawyer who specializes in DUI is the better choice, since they are intimately familiar with the laws and fines associated with a DUI charge. Your case could go to trial and in that case, your expert Phoenix, Arizona DUI lawyer will make or break your future. A successful, DUI lawyer will help argue you out of heftier fines and penalties.
Seek out a Phoenix, Arizona DUI lawyer who has demonstrated success in the courtroom and who really cares about your case. Also, don’t forget to talk finances with your lawyer. That’s an important piece of the puzzle.
Some drivers try to avoid a DUI charge by refusing to submit to the breathalyzer test, which must be performed within two hours of your arrest. Doing so automatically means your license will be suspended.
A DUI arrest in Arizona means you can automatically lose your insurance coverage. At minimum, you will pay exorbitant insurance rates. If your insurance company drops you, you may have difficulty finding another insurer. You must have insurance to have your license reinstated.
Driving while under the influence is dangerous. In Arizona, 39% of the fatalities in 2006 were alcohol-related. Thirty-two percent of the total fatalities were due to drivers with a.08% blood alcohol level. Arizona’s alcohol-related fatality numbers are dropping annually, due to their war on DUIs.
The best thing to do is avoid needing a Phoenix, Arizona DUI lawyer.
If you have had too much to drink, please call for a taxi or call a friend to drive you home. Sure, taxis are expensive, but they beat the cost of a DUI arrest. You may lose face with your friend, but that’s certainly better than losing your clean arrest record-or adding to an existing record.
Some taxi companies have special programs to help drivers avoid driving drunk. They will take you home at a discount and the next day, they will drive back and return you to your car-at no cost.
There are avenues out there to avoid a DUI charge.
Originally published here.
John Simpson
Phoenix Internet Crimes Attorney
Mr. Davidson discusses his experiences representing clients charged with internet offenses. If you or a loved one is facing this type of accusation, it is important that you work with an attorney like Joshua Davidson who understands both the law and the technology involved in these types of cases. Mr. Davidson can be contacted at 602-493-3600.