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

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.

Charles Barkley DUI

Charles Barkley was stopped and arrested for DUI on December 31, 2008, in the City of Scottsdale, at 1:26 A.M.,  according to police.  The cop that stopped Charles Barkley was from the Gilbert Police Department and working in Scottsdale as part of a DUI Task Force.

Charles Barkley was stopped because he rolled through a stop sign.  After allegedly rolling through the stop sign, Charles Barkley stopped to pick up a female passenger.  Shortly after driving off with the passenger, the cop made a traffic stop on Charles Barkley’s vehicle. 

Upon contacting the driver, the cop noticed the infamous, “bloodshot watery eyes” and “odor of alcohol” on his breath.  The cop asked Charles Barkley if he had been drinking.  According to the police report, Mr. Barkley admitted to having a “couple” of drinks. 

NOTE: this answer is frequently given by people that are stopped and arrested for DUI.  If you say you have had a “few” or a “couple” of drinks, don’t expect the cop to believe you.  In addition to giving one of the worst answer you could possibly give, Charles Barkley then agreed to submit to field “sobriety” tests.  These are subjective tests that typically are not given correctly by officers.  According to the police report, the cop indicated he arrested Charles Barkley for DUI because of the odor of alcohol on his breath, his blood-shot, watery, eyes, his driving, and the results of the field “sobriety” tests. 

Charles Barkley did refuse to submit to the portable breath test.  According to the police report, Charles Barkley told the cop that his body guard was a police officer and tole him not to take that test.  Too bad his body guard wasn’t a lawyer, because a lawyer would have told him not to do the field sobriety tests either and  to never admit drinking. 

Once Charles Barkley was arrested, nothing he said from that point on could have helped him.  At the police station, Charles Barkley made some statements explaining why his was in a hurry.  You can view the police report for your own entertainment regarding these statements.  http://www.thesmokinggun.com/archive/years/2008/1231081barkley2.html

According to the report, he even offered to tattoo his name on the buttocks of one of Gilbert PD’s civilian employees.  After being processed for DUI, Charles Barkley was later released to a taxi.  According to the cop that arrested him, Charles Barkley was cordial and respectful.

Charles Barkley’s DUI case, as well as Paris Hilton’s and Heather Locklear’s cases, should remind everyone that it is extremely unlikely you can talk your way out of a DUI.  It is more likely that you can beat your DUI, if you don’t admit to any drinking and refuse the “sobriety” tests.  The only test you need to take, is the breath or blood test that is requested after, not before, you are arrested.  Also, do not lie to the officer’s about your drinking history.  Simply tell them that you don’t want to answer that question, because your lawyer friend told you never to answer that question.  Blame it all on “that jerk lawyer” and be polite.  Remember, if these high powered celebrities can’t talk themselves out of a DUI, what chance do you have.  For more Arizona DUI information visit www.480NotGuilty.com.

Arizoan DUI Arrest

The penalties for a second or third Arizona DUI arrest are so severe you need to contract an attorney immediately.

Specifically, these type of offenses involve license suspensions from one to three years . . . there are no restricted driving privileges . . . and second and third DUI offenses involve significant jail time.

Here’s what you need to know.

If you are convicted of a second DUI in Arizona within 7 years of your first offense, the absolute minimum jail sentence you can receive is 90 days in jail, of which 60 can be suspended.

If your second DUI offense within seven years is extreme DUI, the minimum jail sentence you can receive is 120 days. The maximum jail sentence for second offense regular or extreme DUI is 6 months in jail.

A third Arizona DUI conviction in five years is a class 4 felony. If you have no allegeable prior felony convictions, the presumptive prison sentence you can receive is 2.5 years. However, you may receive probation, in which case, the minimum incarceration time you must serve is 4 months in prison.

There are other penalties that will affect you in addition to those mentioned above. If you are in this situation, it should be obvious to you that you need an attorney. The smartest thing you can do is hire an attorney who is familiar with DUI Law.