Archive for the ‘DUI’ Category

What do you think of when you hear the term ‘DUI’? For most, the words ‘drinking and driving’ come to mind first. This is because DUIs are generally associated with alcohol. But what you might not be aware of is that you can also be charged with an Arizona DUI if you drive while under the influence of drugs, including prescription drugs, over the counter drugs, illegal drugs, supplements, vitamins, and minerals. DUI law in Arizona doesn’t only apply to driving under the influence of alcohol. If a substance has the potential to alter your focus, attention span, motor skills, decision-making ability, or reaction time, you could face criminal charges for DUI.

Hearing about an Arizona DUI case that involves property damage, injury, or death is always heartbreaking as a Phoenix criminal defense attorney. Not only can a fatal DUI case cause pain and suffering for the victim and their family, but it can also destroy the defendant’s future. This past Tuesday, a 21-year-old Tucson man received his sentence for killing another man while driving under the influence with a suspended license. In addition to 10 years of probation, his sentence includes 12 years in prison. Furthermore, this DUI was not the defendant’s first offense, as he had been arrested for a different DUI just a few months earlier.

I would like to take a moment to wish everyone a happy and safe New Year’s Eve. Since 2012 is almost here, I encourage everyone to make good decisions when it comes to drinking and driving. While many of us will be out celebrating this holiday weekend, keep in mind that law enforcement officers will be on high alert while working hard to protect drivers throughout the Valley. As such, expect to be subject to DUI checkpoints if you plan on getting behind the wheel this New Year’s Eve. It is no secret that law enforcement officers become much more aware of drinking and driving during the holiday season. Arizona has little tolerance for those who get behind the wheel of a car after they’ve been drinking or doing drugs. If you are impaired, even to the lightest degree (minimum BAC of .08 or more), it’s likely that you will be pulled over and arrested for a DUI.

New Year’s is almost here, and soon the new AZ DUI law (SB1200) will go into effect. Beginning Dec. 31, there will be some changes to the ways in which DUI charges are handled in Arizona. First of all, municipalities, counties, and some judges will now have the authority to offer home-detention programs instead of jail time to eligible defendants. Secondly, the length of time for first time, non-extreme DUI offenders to use the DUI interlock device on their vehicles has been reduced from one year to 6 months. Lastly, this law abolishes the right of first time, non-extreme DUI offenders to have the option of a jury trial. Instead, this option will be replaced with an automatic bench trial. This means that criminal defense attorneys and their clients facing DUI charges will no longer be able to have their case heard in front of a jury, as their cases can only be heard in front of a judge.

It’s no secret – law enforcement officers know that people are more likely to drink and drive during a long holiday weekend. As a result, it is extremely likely that they will be setting up DUI checkpoints, making DUI arrests, and handing out DUI charges all throughout Arizona. For example, this past Thanksgiving holiday weekend, police officers arrested about 50 people during a DUI task force deployment that took place in southern Arizona. Out of those 50 people, it was also reported that nine of them were arrested for DUI. I’m citing this instance because it is expected that these DUI task force deployments will continue through New Year’s Eve. Therefore, make sure you think twice before getting behind the wheel of a car if you’ve been drinking.

While fines and jail time are the most well-known consequences of a conviction, there are other types of punishments that defendants can face if they are found guilty in court. Here are some examples of common consequences and issues that convicted felons might face:

Your sentence depends on a couple of circumstances, like whether or not this is your first offense, or if your drunk-driving caused an accident or injury. In most instances, a DUI sentence will consist of a fine and some jail time. You may also temporarily lose your Arizona driver’s license and be required to enroll in a substance abuse program or facility. In addition, you can expect your auto insurance rates to skyrocket.

Yes. It is certainly true that in the state of Arizona, your ability to drive could be taken away due to a DUI arrest and conviction. Even without a conviction, just an arrest alone can prompt the MVD to suspend your Arizona license. You don’t even need a DUI conviction for the MVD to serve you with a license suspension notice.

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