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SB 1200 Is Now in Effect: Arizona DUI Laws Have Changed

By Craig Rosenstein posted in DUI Case on Friday, January 6, 2012

Only accountants and lawyers can tinker with things so much and get away with making a process so complicated that you need to hire their services. A shining example of that is Arizona's SB1200. This is the biggest re-write of the Arizona DUI laws since the 1990s, and despite the overly simplistic analysis done by the local Arizona news programs on SB 1200, the law doesn't just affect the required ignition interlock time.

In fact, the AZ legislature seems to have managed to make this law so complicated that the Arizona MVD has had difficulty implementing some of the changes, because even the lawyers over at MVD can't seem to understand what the legislature meant.

I have heard this law described as the "lawyer employment act of 2012," and frankly, I couldn't agree more. Unfortunately, anyone accused of an alleged impaired driving (DUI) in Arizona will now need a lawyer who focuses their law practice on DUI defense in order to extricate themselves from the criminal justice system, or else face possible innumerable penalties that they otherwise might not have had to suffer (including, but not limited to, significantly more incarceration time for those accused of higher BAC DUIs, jail time for those with lower blood alcohol concentrations, higher fines, and potential ignition interlock waivers).

If you have been accused of alleged impaired driving or DUI in Arizona, you should contact an attorney who has dedicated his or her practice to the defense of the alleged accused driver, and an attorney who has educated him or herself thoroughly on the laws. Navigating these new Arizona laws to best serve clients is not for the inexperienced or part-time DUI lawyer.

Tags: New AZ DUI law, SB1200

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Drunk Driving Penalties in Arizona: DUI Drugs Conviction (Part 6 of 6)

By Craig Rosenstein posted in DUI Consequences on Wednesday, December 14, 2011

In our final post in this series on DUI penalties in Arizona, we will discuss the minimum penalties for a conviction under A.R.S. Section 28-1381(A)(3)- commonly known as a DUI Drugs Charge.

(For a complete discussion of a DUI Drugs charge in Arizona, see our previous post First Offense DUI- How Bad Can That Be? (Part 3 of 5)).

The minimum penalties for a first time conviction of a DUI Drugs charge are: fines and fees that usually total about $2,000.00, mandatory alcohol/drug screening and classes, a one year driver's license suspension, a 12 month mandatory usage of an ignition interlock device on your vehicle, and 10 days jail (of which 9 days may be suspended by the Court for various reasons, but you must serve at least 24 hours in jail regardless).

Remember, these are just the minimum Arizona DUI conviction penalties for a first-time DUI Drugs charge, and the Court may order more.  Further, the penalties for a second time conviction increase.

As you can see from this series, the penalties for any DUI in Arizona are harsh and impact many different aspects of your life--including your liberty and freedom, finances, work, driving privileges and personal lifestyle, among others. It pays to have a skilled Arizona DUI defense attorney on your side to help you navigate thru the maze of penalties and conditions that will be imposed upon you following any DUI conviction in Arizona.

Tags: DUI Drugs AZ, DUI Drugs Penalties

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Drunk Driving Penalties in Arizona: Super Extreme DUI Conviction (Part 5 of 6)

By Craig Rosenstein posted in DUI Consequences on Monday, November 28, 2011

At this point in our series, we have discussed the minimum penalties for convictions of the following misdemeanor DUI charges in Arizona: Impaired to the Slightest Degree, BAC Above .08, and BAC Above .15 (Extreme DUI). We will now discuss the consequences for a conviction under A.R.S. 28-1382 (A)(2), which is for having a BAC Above .20 within two hours of driving. This charge is commonly known as a Super Extreme DUI.

(For a complete discussion of a Super Extreme DUI charge in Arizona, see our previous post First Offense DUI- How Bad Can That Be? (Part 5 of 5)).

The penalties increase even further with a conviction on a Super Extreme DUI charge in Arizona. The minimum penalties for a first time conviction of a Super Extreme are: 45 days jail- none of which the court may suspend, fines and fees totaling approximately $3,000.00 plus surcharges, mandatory alcohol screening and classes, a 90 day driver's license suspension, and an 18 month ignition interlock device requirement. Again these are just the minimums and the Court may order more.

Further, the minimum penalties for a second offense conviction with a BAC Above .20 in Arizona substantially increase (for example, the jail time goes up to 180 days- which is 6 months, the most one can serve on a misdemeanor conviction).

If you are currently facing a DUI charge of any kind in Arizona, it is often best to contact an experienced Arizona DUI defense attorney to discuss your case and the potential consequences you may face if convicted.

Watch for our next and final blog post in this series, which will explain the minimum penalties for a conviction of a DUI Drugs charge in Arizona.

Tags: az super extreme dui, super extreme dui penalties

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Drunk Driving Penalties in Arizona: Extreme DUI Conviction (Part 4 of 6)

By Craig Rosenstein posted in DUI Consequences on Monday, October 31, 2011

In our last post in this series, we discussed the minimum penalties for a conviction of a BAC Above .08 Charge in Arizona. Now, we will discuss the consequences for a conviction under A.R.S. Section 28-1382(A) - which is a charge for BAC Above .15 within two hours of driving. This charge is most commonly known as an Extreme DUI.

(For a complete discussion of an Extreme DUI charge in Arizona, see our previous post First Offense DUI- How Bad Can That Be? (Part 4 of 5)).

As we move up to a conviction for an Extreme DUI in Arizona, the minimum penalties also increase. The minimum penalties for a first time conviction are 30 days jail, none of which may be suspended by the Court, fines and fees totaling approximately $3,000.00 plus surcharges, alcohol screening and classes, a 90 day driver's license suspension and 12 months with the ignition interlock.

Again, these are just minimums for a first-time Extreme DUI conviction in Arizona, and the Court may order more. Further, the minimum penalties for a second offense conviction for an Extreme DUI in Arizona substantially increase (for example, the jail time alone increases to 120 days (4 months), none of which may be suspended).

If you are currently facing a DUI charge of any kind in Arizona, it is often best to contact an experienced Arizona DUI defense attorney to discuss your case and the potential consequences you may face if convicted.

Stay tuned for our next blog post, which will explain the minimum penalties for a conviction of a BAC Above .20 Charge (commonly known as an Super Extreme DUI) in Arizona.

Tags: drunk driving penalties in AZ, extreme DUI, extreme DUI penalties

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Drunk Driving Penalties in Arizona: BAC Above .08 Conviction (Part 3 of 6)

By Craig Rosenstein posted in DUI Consequences on Tuesday, October 25, 2011

Continuing with our series on misdemeanor DUI penalties in Arizona, we will now discuss the minimum penalties for a conviction of the BAC Greater Than .08 Within 2 Hours of Driving Charge under A.R.S. Section 28-1381(A)(2) (commonly referred to as BAC Above .08).

(For a complete discussion of a BAC Above .08 Charge in Arizona, see our previous post First Offense DUI- How Bad Can That Be? (Part 2 of 5)).

The minimum penalties for a first time conviction of a BAC above .08 Charge are the same as for the Impaired to the Slightest Degree Charge: 10 days jail (of which 9 days may be suspended by the Court for various reasons, but you must serve at least 24 hours in jail regardless), fines and fees that usually total about $2,000.00, mandatory alcohol/drug screening and classes, a 90 day driver's license suspension (although you may be eligible to a restricted permit for 60 of the days, but regardless, there will be no driving at all for a minimum of 30 days, and an experienced AZ DUI defense attorney can help guide you on this), and, currently, a 12 month mandatory usage of an ignition interlock device on your vehicle.

Remember, these are just the minimum Arizona DUI conviction penalties for a first-time BAC above .08 Charge, and the Court may order more. Further, the penalties for a second-time offense conviction are not the same, as they increase substantially.

 If you are currently facing a DUI charge of any kind in Arizona, it is often best to contact an experienced Arizona DUI defense attorney to discuss your case and the potential consequences you may face if convicted.

In the meantime, watch for our next blog post, which will explain the minimum penalties for a conviction of a BAC Above .15 charge (commonly known as an Extreme DUI) in Arizona.

Tags: BAC Above .08 in AZ, drunk driving penalties in AZ

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Drunk Driving Penalties in Arizona: Impaired to the Slightest Degree Conviction (Part 2 of 6)

By Craig Rosenstein posted in DUI Consequences on Monday, October 17, 2011

As discussed in our last blog post, there are many different types of penalties that one would receive if convicted of a misdemeanor DUI charge in Arizona.  Starting in this post, we will begin to break down the minimum penalties for the 5 types of misdemeanor DUI convictions in Arizona.

The misdemeanor AZ DUI charge that we will discuss now is the Impaired to the Slightest Degree Charge under A.R.S. Section 28-1381(A)(1) (commonly referred to as the A1).

(For a complete discussion of the Impaired to the Slightest Degree Charge, see a previous blog post: First Offense DUI- How Bad Can That Be? (Part 1 of 5).)

The minimum penalties for a first time conviction of the Impaired to the Slightest Degree charge are: 10 days jail (of which 9 days may be suspended by the Court for various reasons, but you must serve at least 24 hours in jail regardless), fines and fees that usually total about $2,000.00, mandatory alcohol/drug screening and classes, a 90 day driver's license suspension (although you may be eligible to a restricted permit for 60 of the days, but regardless, there will be no driving at all for a minimum of 30 days, and an experienced AZ DUI defense attorney can help guide you on this), and, currently, a 12 month mandatory usage of an ignition interlock device on your vehicle.

Remember, these are just the minimum Arizona DUI conviction penalties for a first-time Impaired to the Slightest Degree Charge, and the Court may order more. Also, the penalties for a second-time offense conviction are not the same, as they increase substantially.

If you are currently facing a DUI charge of any kind in Arizona, it is often best to contact an experienced Arizona DUI defense attorney to discuss your case and the potential consequences you may face if convicted.

 

Stay tuned for our next blog post, which will explain the minimum penalties for a conviction of a BAC above .08 Charge in Arizona.

Tags: AZ Drunk Driving Penalties, Impaired to the Slightest Degree Conviction

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Drunk Driving Penalties in Arizona: The Basics (Part 1 of 6)

By Craig Rosenstein posted in DUI Consequences on Monday, October 10, 2011

While many people may either know someone who got a DUI in Arizona, or may have even gotten a DUI themselves in the past, many people don't fully understand the consequences of getting a DUI conviction in Arizona these days.

Let's start with the basics. Unlike many other states, the minimum penalties for a DUI in Arizona are mandated by state statute. There are misdemeanor DUIs and felony DUIs. This blog will focus only on the penalties for misdemeanor DUIs in Arizona. For information on penalties for felony DUIs, see our previous blog post on Aggravated DUI/Felony DUI in Arizona.

Misdemeanor DUI Charges in Arizona

There are 5 types of misdemeanor DUI charges in Arizona. The most common is the Impaired to the Slightest Charge, which is generally charged on all DUI cases. Then there is Blood Alcohol Content (BAC) above .08, BAC above .15, BAC above .20, and in certain cases when some type of drug is involved, Impaired by Drug or Metabolite (also known as DUI Drugs). You can be cited for only one charge or, in some instances, all five types of charges on the same ticket.

Types of Penalties Received for AZ DUI Convictions

With any DUI conviction in Arizona, there are automatically four penalties that are associated with it. They are jail time, fines/fees, alcohol screening and classes, and Motor Vehicle Division (MVD) consequences (such as driver's license suspension and ignition interlock requirements).

            Jail Time

The first penalty is jail time. With any misdemeanor DUI conviction in Arizona there is automatic jail time, ranging from 1 day to 180 days (6 months). There is typically no way around this.

However, in certain circumstances and in certain courts, one might be eligible for a home detention program.  An experienced AZ DUI defense attorney would be able to guide the person as to whether he or she qualifies for such a program. 

            Fines/Fees

Fines are automatically assessed with any DUI conviction in Arizona, and there are minimum fines mandated by Arizona statute. There are also fees to pay as well. Again, there is typically no way around this.

            Alcohol Screening and Classes

The next penalty is alcohol screening and classes. With any AZ DUI conviction, you need to attend an alcohol screening thru a licensed agency as well as take any recommended classes from the screening. Again, there is typically no way around this.

            MVD Consequences (Driver's License Suspension & Ignition Interlock)

Finally, with any DUI conviction in Arizona, you will have consequences through the Motor Vehicle Division (MVD).  For example, with a conviction, your driver's license will be suspended for a minimum of 90 days and possibly up to 3 years, depending on the charge and your history. With a 90 day license suspension, you may be eligible to a restricted permit for 60 of the days, but regardless, there will be no driving at all for a minimum of 30 days (an experienced AZ DUI defense attorney can help guide you on whether you are eligible for this).  Further, currently there is a minimum 12 month ignition interlock usage requirement that comes with any DUI conviction, and again depending on the charge and your history could be as long as 2 years. A new law may change some of this for certain DUI convictions in AZ, but there will still be some form of an ignition interlock device requirement.  (For more information on this new AZ law, see our previous blog post on SB1200.) There may be other MVD consequences as well.

How Are These Consequences Applied?

Over the course of our next few posts, we will discuss how these consequences are applied to the five Arizona misdemeanor DUI charges listed above, so stay tuned.

 However, the consequences for a DUI charge can often be quite confusing, and this series is intended as a basic guide.  If you are facing a DUI charge of any kind in Arizona, it is often best to contact an experienced Arizona DUI defense attorney to discuss your case.

Tags: AZ drunk driving penalties, Arizona DUI penalties

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Jail Time "Costs" in Arizona: You Pay for Your Time

By Craig Rosenstein posted in DUI Consequences on Wednesday, October 5, 2011

A conviction for a DUI in Arizona doesn't just come with a criminal conviction on your record, MVD punishments (such as driver's license suspension, points on your license, ignition interlock use requirements, etc.), fines and fees, and mandated alcohol screening and classes-- it also comes with jail time.  Now, although most people are aware that persons convicted of a DUI charge in Arizona will typically serve jail time, most people are unaware that the person also has to pay for his or her jail time.

In Arizona, you are required to pay for your own jail time as if you were staying in a hotel (except without the amenities). The average amount is approximately $200 for the first night, and then approximately $90 for each additional night. So, with a long sentence, one could end up paying thousands in jail costs in addition to all of the other fines and fees that come along with a DUI conviction in Arizona.

Tags: costs of DUI in Arizona, jail

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Will the New AZ DUI Law Allow Me to Remove My Ignition Interlock Device Early?

By Craig Rosenstein posted in DUI Consequences on Monday, September 26, 2011

Earlier this year, the Arizona State Legislature passed SB 1200. SB 1200 deals with Arizona DUI enforcement and consequences. One of the most talked about provisions of SB 1200 is the limiting of the mandatory ignition interlock device usage from one year (the current law) to six (6) months on 1st offense non-extreme DUIs in Arizona. This is good news because of the cost and stress often associated with the mandated use of ignition interlock devices, and the questionable science regarding their efficacy.

Unfortunately, that provision of the bill will not go into effect until January 1, 2012, and the new rule regarding the ignition interlock device will only be applicable to people arrested for DUI in Arizona in the year 2012 and later.

So, if you already have an ignition interlock device installed on your vehicle from a DUI conviction, or are alleged to have been Driving Under the Influence in 2011, then you will not benefit from the law change, and will be subject to the current one year ignition interlock punishment. You will thus not be able to remove your device early (at the six month mark), nor would you benefit from the lower time period.

The best way to attempt to avoid the mandatory installation and usage of an ignition interlock device on your vehicle is to hire a competent Arizona DUI defense attorney to represent you, and either negotiate your DUI case to a non-DUI or win it outright.

Tags: Ignition Interlock Devices, SB1200

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Testifying at Your Arizona DUI Trial: Factors to Consider Before Taking the Stand

By Craig Rosenstein posted in DUI Case on Tuesday, September 20, 2011

When your DUI case goes to trial in Arizona, it can sometimes be hard to decide whether you, as the defendant, should testify at trial. However, there are some factors that you can weigh to help determine whether or not to testify at your own DUI trial.

Here's the hypothetical: The Government's blood or breath alcohol content results come back significantly higher than what should be expected based on the known amount of alcohol that you consumed. Regardless of the facts of your case, the State has decided to proceed to trial, and you and your DUI defense attorney have decided that you should put your DUI case in front of a jury. One of the first decisions to make is whether or not you should testify in your own defense.

On one hand, you have things to say to the jury deciding your fate. The jury will probably want to hear from you. On the other hand, you likely have little or no experience testifying in courtroom settings, and you think that everyone in the room is expecting you to say whatever you need to in order get out of trouble, and that you will lack credibility.

So, here are a few factors that should be considered in determining whether you should testify at your own Arizona DUI trial.

•1. How is your delivery on the stand?

Most people are uncomfortable with public speaking. If you add the stress of a DUI trial, the content of your testimony can be outweighed by your delivery. Jurors may confuse extreme nervousness with attempted deception. This could be fatal for your case.

Good DUI defense attorneys work with their clients, often for hours, on tricks for public speaking. If you need to picture everyone in the room naked, then do so, but your ability to communicate your version of events must be done in a cogent manner.

•2. Do you understand your role in the DUI trial?

Most people wrongfully accused of a crime want an opportunity to advocate their innocence. That is the job of your DUI defense attorney. Your role when testifying varies depending on the facts of your case, but without exception, requires your ability to express the events of the incident. Facts, facts, facts.

Your job is to tell your story, not advocate your position. If you are too impassioned and cannot keep from advocating, then perhaps you should reconsider testifying.

•3. Tell the truth.

A common misconception is that criminal defense attorneys tell their DUI clients what stories to tell on the stand. It is unethical to do so, and should not happen.

What most competent DUI defense attorneys do is listen to your story, and help you understand what is important and what is extraneous. Debating whether a car is blue or black only serves to aggravate jurors who are taking time out of their day to be on your jury panel. Simply telling them the truth of what happened to the best of your recollection, and emphasizing the parts that have the most bearing in your DUI case, can be best.

•4. Will your testimony help or hurt your DUI case?

This seems simple, but needing to tell the jury that you're not the type of person to drink and drive because of all of the nice things you do for children's charities is not a defense to a DUI charge. You must be able to cogently explain the events of the evening leading up to the time of the DUI arrest, and understand what is and is not relevant to the DUI case.

Overall, you should discuss with an Arizona DUI defense attorney the pros and cons to testifying at your own DUI trial, and consider the factors necessary, before reaching a decision as to whether or not to take the stand.

Tags: DUI trial, testifying at trial

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