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.
]]>(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.
]]>(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.
]]>(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.
]]>(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.
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.
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.
]]>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.
]]>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.
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.
]]>Criminal Court and the Arizona MVD
One case is the actual DUI court case, which proceeds in an Arizona criminal court (typically in a City / Municipal Court, a Justice Court, or a Superior Court). This case involves a prosecutor and a Judge.
The other case involves the Arizona Motor Vehicle Division (known as the Arizona MVD). In Arizona, when someone is arrested for DUI, in addition to the paperwork that the police officer submits to start the criminal court case, the arresting officer will also complete an Admin Per Se / Implied Consent Affidavit and submit it to the Arizona MVD. This will start the AZ MVD's involvement in the DUI case.
What is the Arizona MVD's Involvement in the DUI Case?
Upon receiving the Admin Per Se / Implied Consent Affidavit paperwork, the Arizona MVD will send a corrective action notice to the DUI defendant, suspending the person's driver's license for a minimum of 90 days with a specified start date. However, this suspension can likely be postponed if a proper hearing request is filed with the AZ MVD within a specified time frame. Upon receiving the hearing request, the MVD will set an MVD hearing date.
At the AZ MVD hearing itself, the police officer is subpoenaed to testify under oath in front of a hearing officer. For a discussion of the MVD Hearing, see the previous blog entry entitled "Arizona MVD Hearings - Gathering Information About Your Own DUI Case"Arizona MVD Hearings - Gathering Information About Your Own DUI Case". At the conclusion of the MVD hearing, the hearing officer will consider the officer's testimony, and any cross examination, and determine if the suspension should be upheld.
Note, however, that there are some circumstances where, for strategic purposes, an accused drunk driver may stipulate to the MVD suspension prior to the hearing officer making a decision, even if they are going to win the hearing. Thus, it is always best to consult with and/or retain an Arizona DUI defense attorney as soon as possible after your arrest so that, not only is the MVD Hearing requested in a timely and proper manner, but the MVD Hearing is conducted in the manner best for your individual DUI case. Many people have caused themselves unnecessary headaches later on by not utilizing the proper strategy at an Arizona MVD hearing.
The Arizona MVD can also be involved at the conclusion of the criminal court DUI case, based on the conviction (if any). Specifically, depending on the DUI case at hand, the MVD may be involved in issuing points against the driver's license at issue, issuing additional driving suspensions, issuing driver's license revocations, and/or mandating the installation of an ignition interlock device, to name only a few.
As a result, it is always best to involve an experienced Arizona DUI defense attorney in your DUI case early on, so that he or she can deal not only with the criminal court case but the AZ MVD case as well.
]]>Generally, "DUI" stands for Driving Under the Influence and "DWI" stands for Driving While Intoxicated. The difference between DUI and DWI in Arizona is a very simple one: Arizona only uses the term DUI, and not the term DWI.
Other states may use one or the other term, and some states even use both (and then they differentiate between the two terms in their drunk driving laws, and define them as separate charges / crimes). However, while other states may use the term DWI (or may use both DWI and DUI in their laws), Arizona only uses the term DUI.
For out-of-state Arizona DUI questions and information, see previous our blog post:Arizona DUIs & Out-of-State Drivers
Evidentiary Hearings on DUI Defendants' Motions to Suppress Evidence
The evidentiary hearing is generally set after one of the parties, typically the DUI defense attorney, files a certain type of motion with the Court. Motions filed vary, and one such Motion type relates to some issue with the case whose remedy would be suppression of certain evidence from use by the State (called "Motions to Suppress Evidence"), and these are the type of Motion that we will focus on in this blog entry.
Motions to Suppress Evidence can be raised by the DUI defense attorney in an Arizona DUI case for various issues, such as: (1) issues with whether the police officer's stop of the DUI defendant's vehicle was lawful (known as "stop issues"), (2) issues with whether the police officer had probable cause to make the DUI arrest, (3) issues with the DUI blood draw, or even (4) certain right to counsel violation issues. These are the most common issues in Motions to Suppress Evidence, but are certainly not all of them.
In Arizona, once the appropriate Motion to Suppress Evidence is filed by the DUI defense attorney, the State will typically respond, and an evidentiary hearing will typically be set by the Court.
What Happens at the Evidentiary Hearing?
At the evidentiary hearing, witnesses are generally subpoenaed by the State. However, on occasion the DUI defense attorney may subpoena a witness to address a particular issue that may arise from the defense perspective.
The witnesses involved are generally the police officer or officers involved in the DUI case, as well as anyone else who may have been involved in some of the mentioned issues. On occasion, depending on the issue, the DUI defendant may testify.
The witnesses are given direct questioning at the hearing, generally by the defendant's attorney, and then the attorney for the State is given the opportunity to cross-examine the witness. Then there is some possible re-direct questioning to clear up any issues that may have arisen on cross.
After the close of the evidence, the judge makes a ruling on whether to either grant the Motion to Suppress Evidence or deny the Motion to Suppress Evidence. This ruling can be immediate, or can be "taken under advisement" and made at a later date, generally within a few days.
What Does the Ruling Mean for the DUI Case?
Generally, if the judge denies the Motion to Suppress Evidence, the case continues where it was, and things proceed in normal course. Generally, trial preparations begin shortly after.
However, should the judge grant the Motion to Suppress Evidence, generally the case then becomes more difficult for the State, as they normally lose a good portion of their evidence (as the Motion will ask for specific evidence to be suppressed as a remedy to the violation or issue that occurred).
If the Motion is granted, and important evidence against the DUI defendant is suppressed (such as the BAC (blood alcohol content) results, the DUI defendant's admissions, etc.), then the State may either offer some type of plea agreement or dismiss the case entirely (depending on how devastating the loss of evidence is to their case), although there is no guarantee that this will happen. However, if the State does not seek to resolve the case after receiving a ruling in the DUI defendant's favor, and proceeds to trial without the use of that specific evidence, the State may have a harder time convincing a jury of their case. As a result, the evidentiary hearing on a defendant's Motion to Suppress Evidence can be the defendant's best friend.
An experienced Arizona DUI defense attorney will be able to review a client's individual AZ DUI case, and determine if there are grounds for a Motion to Suppress Evidence to be filed in his or her case.
]]>Our office is now located at: 8010 East McDowell Road, Suite 111, Scottsdale, Arizona 85257. The phone number for our firm will remain the same: 480-248-7666.
]]>If you are visiting Arizona and are arrested for a DUI here, you need to hire an experienced Arizona DUI lawyer who understands the systems and consequences here, and can assist you with any consequences you might face from your home state's own MVD or DMV.
]]>