Arizona DUI InformationIs Your Arizona DUI Charge About To Ruin Your Life?

DUI Drugs For Prescription Medication

Even if you have a prescription for medication, Police can charge you with DUI drugs.  The crime of DUI for Prescription Drugs is set forth under A.R.S.§28-1381(A)(1).  This offense requires the person be under the influence, i..e., their ability to drive is impaired, of/by prescription medication.  Police typically will cite people for this offense if the mediation contains any warning about driving.

The prosecution must be able to show impairment to get a conviction for DUI Drugs where the drug is actually prescribed medication.  This is typically done by having a police officer testify that a person failed field sobriety and or a drug recognition examination.  A person whos is convicted of DUI Drugs will have their license revoked for one year.  This means no driving at all.  Further, reinstetment of the person’s driver’s license is discretionary.

These cases can be one. In fact just this week, I had
a client charged with a first offense DUI Drugs in Gilbert City Court.  Police arrested my client when they found him curb side attempting to repair his vehicle after crashing it into a curb and blowing out his tire.  I was able to get the DUI dismissed and had my client receive a Reckless Driving conviction.  This allowed him to avoid jail and an ignition interlock.  It also reduced his fines significantly.  However, the most important this was it allowed him to avoid the one year revocation of his license.

It is a good thing he did not simply give up and throe in the towel.  Remember, you should always consult an attorney if you are charged with any DUI.

This week, I was able to get one of my client’s DUI cases totally Dismissed.  This means my client’s entire case was dismissed.  I was able to do this due to evidentiary issues with the case.  This win was important to my client.

This case involved a single vehicle accident.  Often, single vehicle accident cases can present evidentiary issues that are difficult for the prosecution to get around.  Most people may think it’s the opposite i.e., a single vehicle accident makes it a slam dunk DUI case.  This is why it is important to consult a lawyer about your case no matter how bad you think the odds are against you.

By getting a DUI case dismissed, my client ended up avoiding DUI penalties.  Not just some of the penalties, but all of the penalties.  For example, some of the DUI penalties he avoided were: having to to get an ignition interlock on any vehicle he drives for a minimum of one year; mandatory jail; fines and penalties; alcohol screening; and alcohol classes.  All of this saved my client time, inconvenience and money.

Remember, always consult a lawyer about your case.  Not every DUI case gets dismissed, but it happens.  Remember, there is hope.

Many times people do not know what can lead to a dismissal or reduced charges in their DUI case.  Recently, I got a DUI Drugs [A.R.S. 28-1381(a)(3)] case dismissed after the judge suppressed my client’s admission that he had smoked Marijuana.  Because the admission/confession was obtained illegally, the judge suppressed the statements and the “fruits thereof.”  This meant that all resulting evidence (including the blood sample) following my client’s illegal confession were suppressed.

Because the essential evidence the state needed to prove their case was suppressed, the State dismissed their case.  This was very beneficial for my client.  Because, if he had been convicted, this would have been his second offense within 7 years, and he would have had to serve 30 consecutive days in jail and his license would have been revoked for one year.  Fortunately, the judge was protecting our constitutional rights as citizens at large when he determined the manner in which the officer obtained the confession was illegal.  The judge viewed the case from the big picture of protecting our society and community in general from unconstitutional law enforcement practices.

Legal issues like these are why people charged with DUI should always consult an exeprienced DUI lawyer about their case.   In most cases, you can get a free initial consultation.  Therefore, there is no reason you should plead guilty without first consulting a DUI lawyer about your case.

Justice Under Our Constitution Prevails

Home Detention Is Better Than Jail

Home Detention For Scottsdale DUIs

Home detention may soon become an available option in Scottsdale City Court.  This means citizens charged with DUI in Scottsdale City Court would be eligible to serve some of their jail sentence in “Home Detention” instead of the County Jail.  This is a huge benefit to people convicted of DUI.

The two biggest benefits for people convicted of DUI would be being able to get easier transportation from their home to work.  This is because most people charged with DUI serving long jail sentences also have their driver’s license suspended while they are serving their jail sentence.  So for most people, it is far easier to get a ride from their home as opposed to from the County Jail located near Durango and 32^nd Avenue.

The second huge benefit is that it will save people a lot of money.  People convicted of DUI must pay for their jail costs.  Currently, Maricopa County jail is charging Scottsdale $192 for the first day of jail and $72 for every day thereafter.  This can add up to quite a lot for people serving 30 days (the minimum sentence for a first offense extreme DUI) to six months (the minimum sentence on a second offense super extreme DUI).  The cost of home detention is far less per day and varies from service providers.  I have had clients pay less than $18 per day after setup fees.  That’s a huge difference.

Under current law, a person must serve the first 15 days of their sentence in jail before they can serve any remaining portion of their sentence in home detention.  So, home detention does not mean a person will not go to jail at all, it means they must serve at least 15 days in jail.

Current law requires all home detention programs be approved by City Councils.  The Scottsdale City Council is currently scheduled to consider the home-detention and electronic-monitoring program on April 27, 2010, as part of its consent agenda.  If approved, a program may be put on place this summer.

Nothing can be farther from the truth.  In fact, the court prefers you be represented by a lawyer.  This helps things run smoothly for the court.  This is because lawyers are familiar with the system and will move you through the court system more efficiently.  Thus, saving the court  time.  Which is a precious resource to the court and you.  Typically, the court will also view you as more responsible and as a person who takes the matter seriously.  These things cause you to be viewed in a more positive light by the court.

Bars Are Not Always The Result

This is false.  DUI cases are won.  My office has had DUI cases dismissed, pled down to offenses other than DUI and obtained not guilty DUI verdicts.  Arizona has some of the toughest if not the toughest DUI laws in the country.  The State Legislature frequently passes new laws making it harder to defend DUI cases.  Despite this, cases are won.

The truth is, DUI cases are hard to win.  But they can be won.  The proliferation of this myth likely comes from the circumstance that nearly all people convicted of DUI are required to go to the same classes.  Consequently, they never see those people who were not convicted of DUI.   Beating a case can vary in results from an outright dismissal to significantly reducing the charge.

This myth catches many people off guard. The fact of the matter is, if your blood or breath test come back with results above .08, MVD will suspend your license for a minimum of 90 days regardless of wether you are found guilty or not guilty of DUI. MVD’s ability to suspend your driver’s license without a DUI conviction comes from Arizona Admin Per Se (A.R.S. §28-1385) and Implied Consent (A.R.S. §28-1385) Law. MVD will also suspend your license for a minimum of one year if you refuse to submit to a blood, breath or urine test.

These suspensions can be fought and won. However, you should not try and do this without an attorney as you risk obtaining a 3 year Mandatory SR 22 requirement on your driver’s license. In most cases, the SR-22 will cost you more money to obtain auto insurance. The legal issues to properly fight these suspensions are very limited and unique. They have nothing to do with how bad you need your driver’s license. The MVD Judge will not care about that. So, beware of fighting these suspensions on your own and understand they can go into affect before a DUI conviction or even if you are found not guilty of DUI..

Most DUIs are misdemeanor criminal offense. Some DUIs can be felonies. Clearly, any felony is a serious offense. Misdemeanor DUIs are Class 1 misdemeanors. Class 1 misdemeanors are the most serious misdemeanor offenses. All misdemeanor DUIs carry mandatory jail sentences, significant motor vehicle points, suspensions, ignition interlock requirements, etc. In Arizona, the mandatory minimum sentence for a 2^nd Offense Super Extreme DUI is six months in jail. As a misdemeanor, a DUI conviction remains on your criminal record for life. That’s no small offense.

But I'm a good person!

I Am a Good Person So The Court Will Treat Me Different

Many people falsely believe that the court will recognize they are a good person and consequently, not require them to serve a jail sentence. This is absolutely not true. Since Arizona law requires a mandatory jail sentence on DUIs, it is illegal for a Judge not to sentence you to jail. Thus, no matter how good a person you are, if you are convicted of a DUI, the Judge must sentence you to jail.

It is important to understand that the vast majority of people charged with DUI are good people. They are not your typical criminal. They are not drug addicts, purse snatchers, thieves, thugs etc. They are ordinary people caught doing something most ordinary people do. These are such people as school teachers, social workers, and nurses, etc. Thus, the court system is used to seeing many good people come through the system charged with DUI. So, it is hard to stand out as somebody different. The bottom line is: the only way for you to get out of jail is to beat your DUI.

This article deals with penalties people are facing for a “second offense” DUI.  In Arizona, second offense DUI penalties arise if the person charged has a prior DUI conviction within seven (7) years. 

So, these penalties will only apply to people who have a prior DUI conviction within seven (7) years.  The prior DUI conviction can be from Arizona or any other state with similar DUI laws.  The non-Arizona DUI conviction can only be used if the law violated in that state would have resulted in a DUI conviction in Arizona. 

As with first offense DUI’s, there are five (5) types of second offense DUI’s.  the penalties vary, depending upon which of the five DUI’s or combination of the five, are charged. 

 The basic five DUI’s are:

1. Basic DUI – Impaired due to alcohol or drugs
2. DUI – BAC of .08% to .15%
3. Extreme DUI – BAC of .15% to .20%
4. Super Extreme – BAC of .20% or more
5. DUI Illicit Drug Metabolite in your body
SECOND OFFENSE (WITHIN 7 YEARS) DUI PENALITES

28-1381(A)(1) – Impaired to the Slightest Degree by alcohol, Drugs or a Combination of Both

A conviction of this statute results in a class 1 misdemeanor, 30 days to 6 months in jail; 1 year revocation of license; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $500 to $2,500 plus 83% surcharges; and assessments of $2,500.  Additionally, jail costs may be imposed and you must perform at least 30 hours community restitution.  Additionally, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 12 months at the conclusion of the 12 month period of revocation.

28-1381(A)(2) – BAC of .08 to .149 Within 2 Hours of Driving

A conviction of this statute results in a class 1 misdemeanor, 30 days to 6 months in jail; a 1-year revocation of your driver’s license; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $500 to $2,500 plus 83% surcharges; and assessments of $2,500.  Additionally, jail costs may be imposed and you must perform at least 30 hours community restitution.  Further, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 12 months at the conclusion of the 12 month period of revocation.

28-1382(A)(1) – BAC of .15 to .199 Within 2 Hours of Driving

A conviction of this statute results in a class 1 misdemeanor, 120 days to 6 months in jail; a 1-year revocation of your driver’s license; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $500 to $2,500 plus 83% surcharges; and assessments of $2,750.  Additionally, jail costs may be imposed and you must perform at least 30 hours community restitution.  Further, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 12 months at the conclusion of the 12 month period of revocation.

28-1382(A)(2) – BAC of .20 or More Within 2 Hours of Driving

A conviction of this statute results in a class 1 misdemeanor, 180 days in jail; a 1-year revocation of your driver’s license; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $1,000 to $2,500 plus 83% surcharges; and assessments of $2,750.  Additionally, jail costs may be imposed and you must perform at least 30 hours community restitution.  Further, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 18 months at the conclusion of the 12 month period of revocation.

28-1382(A)(3) – Driving With the Metabolite of an Illicit Drug in Your System

A conviction of this statute results in a class 1 misdemeanor, 30 days to 6 months in jail; a 1-year revocation of your driver’s license; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $500 to $2,500 plus 83% surcharges; and assessments of $2,500.  Additionally, jail costs may be imposed and you must perform at least 30 hours community restitution.  Further, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 12 months at the conclusion of the 12 month period of revocation.