Maricopa County Court » arizona dui attorney Sat, 18 Dec 2010 11:23:00 +0000 en hourly 1 Arizona DUI Arrests /maricopa-county-courts/maricopa-criminal-court/dui-arizona/arizona-dui-arrests/ /maricopa-county-courts/maricopa-criminal-court/dui-arizona/arizona-dui-arrests/#comments Thu, 18 Sep 2008 15:28:18 +0000 Maricopa County Court By Alison Cole

“Driving Under the Influence” or drunk driving is a punishable offence. The driver is arrested by police officers and taken into custody. It is not necessary to handcuff or restrict the physical movements of the suspect. An arrest can be executed by merely informing the suspect of the process.

The police officer makes the decision to arrest the suspect based on certain facts and evidence indicating the individual’s involvement in the crime. The DUI arrests in Arizona can be affected based on two identified causes: an impaired driving ability as a result of intoxication due to the consumption of alcohol or drugs, or a blood alcohol level of 0.08% or more. Charges are serious if the blood alcohol level is detected to be more than 0.15%. If the driving ability is found to be impaired due to the influence of a drug, it results in conviction irrespective of the fact that it is a legally recommended medication.

In Arizona, DUI arrests are considered a misdemeanor if a person is accused two or more times in the span of five years prior to the current offence. However, a far more serious note is taken if the offence is during the suspension or cancellation of the driving rights or if a child below the age of fifteen is in the car. Punishments depend on the seriousness of charges and the defendant’s criminal record. The amount payable as a fine depends on the number of crimes recorded against the individual and the percentage of alcohol detected in the person. In the first instance of DUI (below or above 0.15% BAL), a fine of $250.00 is imposed and subsequently (when BAL is above 0.15%), it is increased to $500.00. A third-time offense within five years fetches $1,000 to $10,000 as fine.

There are ways to decrease the charges; however the best way to avoid them is to simply not mix drinks with driving.

” []Arizona DUI Lawyers provides detailed information on Arizona DUI Lawyers, Arizona DUI Arrests, Arizona DUI Penalties, Arizona DUI Records and more. Arizona DUI Lawyers is affiliated with []Arizona DUI Defense.

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Arizona DUI Penalties /maricopa-county-courts/maricopa-criminal-court/dui-arizona/arizona-dui-penalties-2/ /maricopa-county-courts/maricopa-criminal-court/dui-arizona/arizona-dui-penalties-2/#comments Thu, 18 Sep 2008 15:27:04 +0000 Maricopa County Court By Michael Tasner

The penalties for DUI in Arizona depend on the severity of the offense and any prior offenses accrued. These penalties can include jail time, fines, and other penalties designed to prevent any repeat offenses. The penalties for a first DUI offense with a blood alcohol of more than 0.08% and less than 0.15% are as follows:

• 10 days in jail; 9 days may be suspended if you agree to substance abuse treatment

• 90 day license suspension

• $250.00 fine and processing fee; $500 assessment cost for arrests after 3/13/04

• Counseling if 9 days in jail are to be suspended

• Probation of up to 5 years

The penalties for a first offense with a blood alcohol level of 0.15% or greater are more severe. These penalties include:

• 30 days in jail; 20 days may be suspended if you agree to substance abuse treatment

• $500 in fines, surcharges, and assessment costs; $2,000 if arrested after 3/13/04

• 90 day license suspension

• Counseling if 20 days in jail are to be suspended

• Probation of up to 5 years

• Installation of ignition interlock advice on your vehicle

Additional offenses within a five year period make the penalties for DUI even more severe. For a second offense with a blood alcohol level of 0.08% and 0.15%, the penalties are as follows:
• 90 days in jail; 60 days may be suspended if you agree to substance abuse treatment

• $750 in fines and costs; $2,000 for arrests after 3/13/04

• One year license revocation

• Counseling if 60 days in jail are to be suspended

• Installation of ignition interlock device on your vehicle

• Probation of up to 5 years

Second offense extreme DUI charges carry possible penalties as follows:

• 120 days in jail; 60 days may be suspended if you agree to substance abuse treatment

• $750 in fines and costs; $2,000 if arrested after 3/13/04

• One year license revocation

• Counseling if 60 days in jail are to be suspended

• Probation of up to 5 years

• Installation of ignition interlock device on your vehicle

Third offenses carry even harsher penalties for repeat offenders. The penalties for a third DUI offense include:

• Mandatory four months in prison before probation or other release can be considered

• Up to $150,000 in fines, $250 assessment cost, and $1,500 cost for arrest after 3/13/04

• Three year license revocation

• Counseling upon commencement of probation

• Probation of up to 5 years

• Forfeiture of the vehicle you were driving at the time of the offense if you owned it

Transporting someone under the age of 15 in a vehicle while committing a DUI offense carries more severe penalties. These penalties include:

• Serving the minimum prison sentence you would have served for the offense had a
person under the age of 15 not been in the vehicle
• Up to $150,000 in fines, $250 assessment cost, and $1,500 cost for arrests after 3/13/04

• Three year license revocation

• Counseling upon commencement of probation

• Possible vehicle forfeiture if you owned the vehicle you were driving

All of these penalties have the potential to impact your life forever. A criminal conviction will make it difficult to obtain employment and having a license revocation due to DUI may cause you to be dropped by your auto insurance company or have your rates go through the roof. Your best chance for fighting DUI charges is to contact an Arizona DUI attorney who can guide you through your case and use his or her knowledge and trial experience to obtain the best possible outcome.

Fill out a free case evaluation to contact a []Arizona DUI Attorney today!

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Arizona’s New DUI Laws /maricopa-county-courts/maricopa-criminal-court/dui-arizona/arizonas-new-dui-laws/ /maricopa-county-courts/maricopa-criminal-court/dui-arizona/arizonas-new-dui-laws/#comments Thu, 18 Sep 2008 15:25:55 +0000 Maricopa County Court By Shelley Cantrelle

Thanks to Arizona’s new drunk driving laws, even first time offenders could land themselves in prison. Effective October 2007, the state’s driving under the influence (DUI) laws are recognized as the harshest in the nation.

Although Governor Janet Napolitano signed the bill into law after it was approved overwhelmingly in the House and Senate. However, it was met with some resistance. Opponents felt it unfairly penalized those who were otherwise responsible citizens.

One of the most significant changes is the mandatory 45 day jail sentence for first timers that are found to have a blood alcohol level of twice the legal limit or higher. The current limit is .08%. The new laws classify them as “super extreme” offenders when chemical tests reveal a blood alcohol concentration, or BAC, of .20% or more. Incidentally, refusing to submit to the test, whether convicted or not, results in an automatic one year license suspension.

As tough as that seems, jail time is only the beginning. The newly convicted “super extreme” drunk drivers will be required to install an ignition interlock device in their vehicle. At one time, only repeat offenders were required to have it installed.

According to the Arizona Department of Transportation, this mandatory piece of equipment is designed to connect a breath analyzer to a motor vehicle’s ignition system.

The ignition interlock system, referred to as an IID, will only allow the vehicle to start if the monitor shows the blood alcohol concentration to be below a predetermined and preset level. The ignition is simply disabled if the reading exceeds the specified number.

The IID must be installed and in use for a minimum of twelve months after the DUI conviction and judges have no authority to waive or reduce that period of time. They can, however, order additional time for the device to remain in use.

Because the penalties are so stiff, Arizona attorneys are gearing up to defend more first time offenders in court. Prior to last year, clients didn’t necessarily face jail time, especially for a first offense. They were usually told to expect warnings, fines and probation, or what amounted to little more than a slap on the wrist. Now they expect many will want to present a challenge rather than automatically plead guilty or no contest.

The new law is also written to expedite the whole DUI process for law enforcement. It allows the Motor Vehicle Department to examine their own records for previous DUI offenses. Rather than waiting for the courts to send them, they can now effectively cut through the red tape and reduce turnaround time.

It’s a sobering thought for many Arizona residents and rightfully so. In 2006, there were 315 lives lost and over 59,000 injuries as a result of alcohol related crashes. The economic loss is estimated at upwards of $547 million. Those statistics and the new laws should make anyone think twice before driving and drinking.


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Are DUI Laws Too Tough? /maricopa-county-courts/maricopa-criminal-court/dui-arizona/are-dui-laws-too-tough/ /maricopa-county-courts/maricopa-criminal-court/dui-arizona/are-dui-laws-too-tough/#comments Thu, 18 Sep 2008 15:24:47 +0000 Maricopa County Court By J. T. Lawrence

Are DUI laws too tough? Consider the following:

•    In Arizona, Illinois, Louisana and New Mexico, first time DUI offenders are required to install ignition interlock devises.
•    Arizona has created a “Super Extreme” classification for DUI offenders with blood alcohol content of .2 percent. The minimum sentence for a first time “Super Extreme” DUI is 45 days in county jail.
•    In states such as Georgia and Florida, a fourth conviction is automatically a felony offense with a minimum of one year prison time.
•    In South Carolina, a fourth time offender could serve seven years in prison.
•    Georgia requires all first time offenders to go through a court ordered alcohol dependence evaluation and subsequent counseling that is very strict.

So, are these DUI laws too tough?

Some consider that because there are more than 15,000 alcohol related deaths each year, no law can be tough enough.

But, it’s no secret that DUI laws have gotten much stricter in the past decade, due in large part to the efforts of organizations like Mothers Against Drunk Driving (MADD). The maximum blood alcohol level has dropped from .1 to .08 meaning more people are “caught” driving drunk.

Additionally, police have targets of catching a certain number of people on a DUI during a given shift. They will stop people on minor infractions looking to “catch” a drunk driver – even if his driving wasn’t impaired.

As a result, ordinary people who are not endangering others are getting caught in a web of loosing their driver’s license, paying large fines and increases in insurance premiums, community service, alcohol programs, and even jail.

No one wants another child to die as the result of a drunken driver. But one has to wonder if DUI laws are too tough now.

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