The DUI Case Process - What You Need To Know

Driving Under the Influence is extremely dangerous and, therefore, a very serious offense with severe consequences. Mandatory jail or prison time, stiff fines, license suspension or revocation, probation and increased insurance costs are just some of the consequences of being convicted of DUI.

The best advice is don’t drink to excess and drive. Have a friend drive you home or call for a cab.

However, if you are charged with the crime of DUI and believe the charges are unfair, Robert A. Dodell Attorney At Law, in Scottsdale, can help. Robert has the expertise, the knowledge and the experience to help you fight these charges and win. He is ready to fight to protect your rights. You also should already know if your offense is being charged as a misdemeanor DUI or felony DUI.

What is a DUI?

DUI is shorthand for "Driving Under the Influence." The are basically five types in Arizona.

1. It is unlawful if one drives or is in actual physical control of a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired. ARS 28-1381A1.

2. It is unlawful if one drives or is in actual physical control of a motor vehicle with a blood alcohol concentration of .08 percent or more within two hours of driving. ARS 28-1381A2.

3. It is unlawful if one drives or is in actual physical control of a motor vehicle with a blood alcohol concentration of .15 percent or more within two hours of driving. ARS 28-1382 (The "Extreme DUI")

4. It is unlawful if one drives or is in actual physical control of a motor vehicle with a blood alcohol concentration of .20 percent or more within two hours of driving. ARS 28-1382 (The "Super Extreme DUI").

5. It is unlawful if one drives or is in actual physical control of a motor vehicle with drugs or its metabolite in the person's body. ARS 28-1381A3.

One can be charged with multiple offenses. Additionally, the severity these offenses increase if one has prior convictions for a DUI in Arizona or other state or is driving on a suspended, revoked, cancelled or restricted license.

Should I Perform Field Sobriety Tests?

It is extremely important to understand the difference between field sobriety tests and a chemical test of your breath, blood or urine. There is no penalty for refusing to perform field sobriety tests like the walk and turn, one leg stand, finger to nose, finger count, any verbal tests that requires reciting the alphabet or numbers, or horizontal gaze nystagmus. Horizontal gaze nystagmus is a test in which the person will be asked to follow the top of a pen being moved in front of the eyes. These tests are not objective. They are tests of a driver's balance and dexterity, judged solely by the officer. Do not do these tests.

DUI Attorney Scottsdale - DWI Lawyer Scottsdale Presentation

Arizona DUI Checkpoints, What to Know and How to Be Prepared for Them

In the state of Arizona, DUI laws and the corresponding penalties for violation are among the strictest in the country. To help make sure that the laws are enforced, the state sets up sobriety checkpoints all over the state during various times of the year. The checkpoints are common during holidays like the 4th of July, Memorial Day, New Year’s Eve, and Labor Day. At the checkpoints, police officers are on the lookout for impaired drivers.

What to Expect at DUI Checkpoints

Shot of a driver sitting in his car, being tested with breathalyser by a traffic policeman

Police officers manning a sobriety checkpoint may either stop all passing vehicles or use a pre-determined pattern to stop particular cars. The goal is to determine if the drivers are impaired. Checkpoints are often set up early in the morning or late at night, when the percentage of impaired drivers on the road is at its peak.

When you are stopped at a checkpoint, officers may request to search your vehicle. Unless they have legal grounds to perform the search, you may refuse their request. If they order you to step out of your car, do so, but lock the door once you get out of the car, unless explicated instructed otherwise.

You have the right to refuse to take all field sobriety test. This includes the any of the tests which will ask you the track a pen with your eyes, walk in a straight line, touch your nose, or reciting the alphabet. Thus, even if you are eventually charged with a DUI, the officer cannot include how you did on those tests as a reasons to arrest you.

You may also be asked to undergo breath alcohol testing to determine the level of your blood alcohol content. While you can also refuse to take the test, the consequences of your refusal will result in the loss of your driving privileges. It is best to always ask to speak to an attorney prior to making the decision on whether you should refuse to take the chemical test.

Effectiveness of Sobriety Checkpoints

The police believe that DUI checkpoints are effective in reducing the number of impaired drivers on the road, even if many violators are able to get around them. What’s important is for the public to be aware that impaired driving is never tolerated. Based on the National Highway Traffic Safety Administration (NHTSA) studies, there are three DUI arrests done by roving patrols for every arrest made at a DUI checkpoint.

Preparing for Arizona DUI Checkpoints

Following are some tips on how you can prepare for DUI checkpoints:

If you can, determine where the checkpoints in your area will be set up prior to a holiday. Locations are usually posted on state and city government websites, and announced on local news, the radio, and in newspapers.
Make sure you have your registration and license within easy reach, in case an officer stops you. If that happens, immediately present the documents. You may arouse suspicion if you fumble in getting your license and registration.
Don’t offer more information than what the law requires you to supply. Even when an officer asks, you don’t have to tell him where you’re going or where you came from. Likewise, you don’t have to provide information about your past or recent drug or alcohol.
If there are other people riding with you, it is important that they are not seen with any drug paraphernalia or open alcohol containers.
While at a checkpoint, always be respectful and remain calm. Whether you are impaired or not, showing rudeness or nervousness will do you no good. You have to stay composed at all times. When asked, produce your registration and license right away. Never complain during the entire time.

What to Expect with 3 or More DUI Offenses in Arizona

Have You Been Charged With More Than One DUI?

In Arizona, it is unlawful to drive or have physical control of a motor vehicle if you are under the influence of drugs or alcohol. A first or second DUI conviction in Arizona already comes with serious consequences, more so if it is already your third or more verdict within 7 years of a previous conviction.

You can be convicted of a DUI offense in Arizona if you drive under the following conditions:

Impaired by alcohol or drugs to the slightest degree
Blood alcohol concentration or BAC of at least 0.08%
With any volume of a type of drug or metabolite in the body
Driving a commercial vehicle with at least 0.04% BAC

A first and second offense is considered a Class 1 misdemeanor. However, a third DUI conviction within 7 years becomes a Class 4 felony.

Administrative Penalties

The Motor Vehicle Division of Arizona’s Department of Transportation imposes administrative penalties for a DUI arrest. These penalties apply even if the case is dismissed later. These include:

License suspension for at least 90 days – The penalty is meted to motorists caught with at least a BAC of 0.08% (0.04% for commercial drivers) within 2 hours of driving or having actual physical control of a vehicle.
A 1year administrative suspension and completion of alcohol and drug screening – The suspension is imposed on motorists who refuse to undergo a chemical test such as a blood or breath test. A 2 year suspension of driving privileges faces motorists for refusing to take a test for the second time. You will then be required to complete alcohol and drug screening after the suspension to get your license back. You may challenge your administrative licence suspension within 15 days after your arrest by requesting for a hearing.
A 1 year administrative revocation with a felony conviction. In order to get a revoked license reinstated, the driver must undergo a revocation investigation from the Motor Vehicle Division.

Criminal Penalties

The court imposes criminal penalties for DUI convictions. A third DUI comes with a minimum prison term of 4 months before placed on probation. You will also be required to pay fines and assessments of at least $4,700. If convicted of an alcohol-related DUI, the 24-month ignition interlock device is requirement after reinstatement of the driver’s license after the completion of the revocation.

Your vehicle may also be forfeited if you owned the car you were driving when you were caught driving under the influence.

License Revocation and Reinstatement

When your driver’s license is revoked as a result of a 3rd DUI conviction, there is no automatic reinstatement of your driving privileges after one year. You need to complete an investigation packet first. This includes:

Revocation Certificate – The certificate indicates whether or not you’re presently employed, any traffic violations committed during the last 12 months, and current attendance or completion of alcohol or drug treatment/education programs.
Compliance Statement – The compliance statement issued by the sentencing court would indicate if you’ve met the treatment or screening requirements ordered by the court.
Recommendation from Health Professional – The recommendation involves a review of your revocation certificate and the compliance statement by a health professional.

Aside from the packet, you must provide an SR-22 or evidence of your future financial responsibility to the MVD. The MVD will then review your case based on your provided information. Their final decision will be relayed to you in writing.

What Happens When An Individual Under The Age Of 21 Gets A DUI?

Underage drinking is something that continues to make its way onto the roads and it’s important to have a good understanding of what Arizona does about it. In general, each state will have varying regulations when it comes to underage drinking, how it’s regulated, and what the consequences are of being charged.

Here is a look at the consequences a person under the age of 21 can face for having any amount of alcohol in their system while driving a motor vehicle.

What is a DUI?

A DUI Alcohol refers to “Drinking Under the Influence” and is measured based impairment to the slightest degree and on the individual’s blood alcohol content at the time of their test. The test is conducted by a licensed officer after the driver has been stopped and there are specific protocols for how it’s to be conducted.

There are several levels to the DUI charge and it will vary from person to person based on what’s happened at the time of their charge.

Arizona Laws on Age for DUIs

Underage drinking remains a common occurrence in Arizona. Recent research into the prevalence of underage drinking in Arizona with over 40% of all underage individuals consuming alcohol at one time or another. A good portion of these individuals are prone to get behind the wheel. In such circumstances, it’s important to have a deeper understanding of relevant legalities and what court proceedings can encompass when a DUI is involved for a person under the age of 21.

For adults over the age of 21, the established BAC or “Blood Alcohol Content” is set at 0.08 percent. However, for individuals under the legal drinking age of 21, the blood alcohol content is set at 0.00%. Yes, this means any level of alcohol in the bloodstream is illegal if the underage person is behind the wheel.

Please note, the harshness of each penalty is going to vary depending on the individual’s age, past history, and amount of alcohol in the system when recorded. These variables will be noted down and taken into account during various stages of the process including the court case. Since Arizona has a zero-tolerance policy, this means the initial penalties can be hefty even if the individual has a clean record. Individuals can be charged with up to six months in jail, probation, time spent in a driver’s education course, class 1 misdemeanor, fines/court costs up to $2,000, and additional penalties based on the case’s details. All of this is mentioned at the time of the hearing and it’s something to keep note of while defending a DUI charge.

For those that are facing second time DUI charge, the penalties will be harsher as this is a repeat offense while being underage. In some cases, the fines and penalties will double and it’s up to the judge’s discretion at the time of the hearing.

In addition to the criminal penalties, adults under the age of 21, are often charges with a Title 4 Alcohol Offense, Minor Driving with Alcohol. The penalty for this is typically a fine, but MVD will suspend the adult’s driver license for two years, even though this could be beyond the 21st birthday.

If an individual is in a situation such as this, it’s best to have a qualified DUI defense professional on hand to help out and make sure the case is presented appropriately. This is the best way to avoid facing harsher consequences and make sure a fair verdict is achieved.