Woman Seemingly Proud of Her Arizona DUI
THE NEW ARIZONA DUI LAWS ARE HERE!
It's true - Arizona has reduced the penalties for DUI convictions. Here are some of the highlights:
- The interlock requirement has been reduced from 12 months to 6 months (for first time non-extreme DUI.)
- The mandatory jail requirements have been modified / reduced. There is a lot of legalese with this particular change. I will do a detailed post on the specifics soon. However, you should know the judges now have more discretion to reduced jail time for both extreme and non-extreme DUI convictions.
- Home detention (an electronic ankle bracelet) will now be available in justice courts and the judges now have some more latitude to utilize these ankle bracelets instead of long jail sentences;
- Certain driver's license suspensions now allow for restricted driving permits that previously did not;
There are a lot more changes in the new law. The legislature, without a public debate, removed the statutory right to jury trial for non-extreme DUI cases. However, all extreme DUI charges and all second DUI charges still have an automatic right to a jury trial. There may still be a right to jury trial in regular DUI cases under Arizona's common law. In any event, the jury trial has not disappeared - there will be a big legal fight to come on this issue.
I will be posting additional details on the new laws in the coming days.
Lawrence
Blood Testing Is About More Than A Machine
In DUI cases, an accurate blood test result requires more than just the blood tester to be working properly. A reliable test results requires more than than what the machine (the blood tester) provides. As shown below, see the machine is just a fraction of the process need to obtain an accurate and reliable result.
Usually the government only puts safeguard in place to prevent machine errors. Consequently the majority of the blood testing process will go unchecked and subject to human error.
Nebraska DUI Leads to Suspension from Huskers Football Team
The University of Nebraska football team has suspended starting defensive tackle Baker Steinkuhler following an arrest for DUI in Lincoln. Police say the 21-year old was stopped around 1:45 Tuesday morning for driving without his headlights and for making a turn without signaling. Steinkuhler had a blood alcohol content of 0.115 percent. He is of legal drinking age but the threshold for intoxication while driving in Nebraska is 0.08%. Steinkuhler was booked for suspicion of drunk driving in Nebraska and is set to appear in Lancaster County court on January 4.
Coach Bo Pelini said that Steinkuhler will not join the football team for the Holiday Bowl in San Diego on December 30. The 6'6", 290-pound Steinkuhler has played a key defensive role for the Huskers this season, starting all 13 games and collecting 46 tackles and 3-1/2 sacks.
Have you been arrested for a NE DUI and are looking for legal help from a qualified Nebraska DUI attorney?
Nebraska DUI Leads to Suspension from Huskers Football Team
The University of Nebraska football team has suspended starting defensive tackle Baker Steinkuhler following an arrest for DUI in Lincoln. Police say the 21-year old was stopped around 1:45 Tuesday morning for driving without his headlights and for making a turn without signaling. Steinkuhler had a blood alcohol content of 0.115 percent. He is of legal drinking age but the threshold for intoxication while driving in Nebraska is 0.08%. Steinkuhler was booked for suspicion of drunk driving in Nebraska and is set to appear in Lancaster County court on January 4.
Coach Bo Pelini said that Steinkuhler will not join the football team for the Holiday Bowl in San Diego on December 30. The 6'6", 290-pound Steinkuhler has played a key defensive role for the Huskers this season, starting all 13 games and collecting 46 tackles and 3-1/2 sacks.
Have you been arrested for a NE DUI and are looking for legal help from a qualified Nebraska DUI attorney?
Man Arrested for Drunk Driving Wearing Breathalyzer Halloween Costume
Police in Lincoln Nebraska report the arrest of nineteen year old Matthew Nieveen early Monday morning. The teenager was stopped for driving his Ford F-150 erratically and was soon arrested for suspicion of drunk driving in Nebraska. The kicker is that Nieveen was dressed as a portable breathalyzer machine used by law enforcement during DUI investigations.
Nieveens BAC was more than twice the legal limit for an adult. When police searched his truck they found a bottle of vodka and some beer. In addition to being booked for Nebraska DUI, he was charged with underage drinking.
Last Halloween an 18-year old college student was busted for drunk driving in Ohio wearing a similar costume.
Have you, or someone you know, been charged with a NV DUI and are needing legal assistance from a qualified Nebraska DUI lawyer?
Man Arrested for Drunk Driving Wearing Breathalyzer Halloween Costume
Police in Lincoln Nebraska report the arrest of nineteen year old Matthew Nieveen early Monday morning. The teenager was stopped for driving his Ford F-150 erratically and was soon arrested for suspicion of drunk driving in Nebraska. The kicker is that Nieveen was dressed as a portable breathalyzer machine used by law enforcement during DUI investigations.
Nieveens BAC was more than twice the legal limit for an adult. When police searched his truck they found a bottle of vodka and some beer. In addition to being booked for Nebraska DUI, he was charged with underage drinking.
Last Halloween an 18-year old college student was busted for drunk driving in Ohio wearing a similar costume.
Have you, or someone you know, been charged with a NV DUI and are needing legal assistance from a qualified Nebraska DUI lawyer?
Interview with KTAR’s Jay Lawrence
This past Sunday I was interviewed by local radio station KTAR's Jay Lawrence on a number of Arizona DUI issues, including:
- current Arizona charges and penalties,
- changing enforcement standards for DUI charges based on jurisdiction (Scottsdale, for example),
- measurement and testing,
- drug-based DUI charges - both legal prescription and illegal,
- differing charges while a child is in a vehicle, and
- timelines for resolution of DUI charges.
The entire interview, along with my answers to various phone-in questions, is now available as a downloadable podcast, starting at the 11:00 minute mark.
Many thanks to Jay Lawrence and KTAR for having me.
Insurance Group Lists Cities With Most DUI Offenders
An auto insurance group has reviewed its data and generated a list of the 20 most populated US cities with the most drunk driving violators. While the list compiled by Insurance.com shows relative numbers of DUI/DWI arrests in each of the cities, there is much debate as to the reasons for the number of arrests. Several factors influencing drunk driving arrests include; younger population centers, availability of mass transit, areas with a greater car culture and aggressiveness of law enforcement efforts to combat drinking and driving.
The ranking was determined by taking the 20 largest cities by population, reviewing the total number of requests for insurance quotes from each city and analyzing those requests for drivers indicating at least one alcohol related traffic offense on their driving record. The list then reflects a percentage of drunk driving offenders to general population. Note that no statistics were available for Boston.
Having a DUI/DWI conviction on your driving record can result in cancellation of auto insurance or significantly higher premiums, driving limitations and in many states, the mandatory installation of an ignition interlock device.
US cities with the highest percentage of drunk driving offenders:
- 1. San Diego, CA
- 2. San Jose, CA
- 3. Charlotte, NC
- 4. Phoenix, AZ
- 5. Columbus, OH
- 6. Indianapolis, IN
- 7. Los Angeles, CA
- 8. San Francisco, CA
- 9. Austin, TX
- 10. Jacksonville, FL
- 11. San Antonio, TX
- 12. Dallas, TX
- 13. Houston, TX
- 14. Fort Worth, TX
- 15. Memphis, TN
- 16. Philadelphia, PA
- 17. New York, NY
- 18. Baltimore, MD
- 19. Chicago, IL
- 20. Detroit, MI
Have you been arrested for a DUI and are looking for quality legal defense from a qualified DWI attorney?
The Dirty Little Secret (of Arizona DUI First Offense)
Here is the math used in Arizona: INCREASED JAIL + DUI PROBLEM = REDUCED DUI PROBLEM. It makes perfect sense, right. Who would risk more than a month in jail for a few drinks.
Apparently - lots of people. Maybe even more people now, than when the penalties were previously lower. Unfortunately the State's math is flawed. Let me give you some anecdotal evidence.
A few weeks ago I was sitting in an arraignment with a client waiting for our case to be called. Before the judge started calling cases he told the packed court room about Arizona's DUI penalties. After going through the sentencing schemes he also made the following disclosure in open court. He stated, these DUI penalties have become harsher and harsher ever since he had been practicing law (and by grey color of his remaining hair that appeared to be a long time). "However, my courtroom still stays full." He went on to say that "we all know" the new DUI penalties have not reduced the number of DUI cases but it is the law. "Fair or not these are the laws I am required to follow."
Well it is not everyday a judge, in open court, makes such a candid admission. Moreover, the judge's speech was absolutely correct about the Arizona DUI laws. Those of who are involved in Arizona DUI cases, "all know" the math is wrong. We all know, law enforcement included, raising penalties does not reduce the number DUI cases. One reason is the real consequence of a DUI is not jail, but taking someone's life. If that is not enough to stop someone from driving impaired, then long jail terms that no person really knows the specifics of (until after they are charged), certainly will not have a great impact.
However, I have an idea of what may work. In part two of this post I make my case for how I believe we should address the problem. That is, if we are serious about solving it - which I hope we are.
Lawrence Koplow
