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

You likely got a taste of just how quickly the “system” is willing to turn on you and treat
you as a criminal when you were stopped for DUI.  Many people are often surprised how rude and indignant police treat them when they are arrested for DUI.  The police act this way because the system allows them to act this way.  From the police’s perspective, the court is their friend, not yours.

If you are arrested for DUI, the system will suspend your driver’s license for a minimum of one year if you refuse to submit to a breath, blood or urine test.  In most cases, the system will issue a warrant for your arrest if you do not show up for your first court appearance, unless you have a lawyer in a misdemeanor case.  The police are not required to be there.  If the prosecutor forgot your file, the court will reschedule you to come back on another date.  No warrant will issue for the police or the prosecutor.

In many courts, the court will not accept your guilty plea on your first court appearance.  This is because the court wants to make sure the prosecutor has enough time to thoroughly investigate your background to see if you have a prior DUI conviction.  This helps the prosecutor, not you.  When the officer testifies you did something and you testify you did not, the court will almost always find what the officer said to be true, regardless of how ridiculous or preposterous the officer’s version of events sounds.

Although the court systems were originally created and designed by our country’s founders to protect its citizens from government, the Arizona courts seem to operate from the ideology that they are processing criminals.  Consequently, the Arizona court’s view you as one of the criminals it is processing. One man who was wrongfully convicted of murder put it this way, “The best prosecutor in the curt room was the judge.”  Not all judges and courts are this way, but in my opinion, I have found this to be the case, more often then not in Arizona.  The only people that are their to help you are your family, friends and defense lawyer.

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.

Lets begin by asking Paris Hilton or Charles Barkley if cooperating helped them.  I just finished viewing a video of my client who was a Cop getting a DUI.  Face it, cooperating your way out of a DUI is a myth.  If these people could not do it, most of us can’t.

In addition to not getting you anywhere, cooperating can make a case against you.  I have had many clients who crashed their car and were out of the vehicle when the police arrived.  They want to cooperate so, they admit they were driving.  In cases like this, the police did not have probable cause to make a DUI arrest until the suspect opened their mouth and admitted they had been driving. It is surprising how many people incriminate themselves this way.

As you can see from the paragraph above, people cooperate with police when they do not have to sometimes, going so far to admit they were driving after they crashed their car. Cooperation does not get you a break. The officer may be nicer to you, but the officer will still investigate and site you for DUI. You will only be giving evidence against yourself when you “cooperate” in a DUI investigation. You do not have to answer questions about your drinking, driving nor submit to field sobriety tests. By doing so, you only give evidence against yourself. Do not confuse cooperation with being courteous, respectful and polite. You can do all that while exercising your right not to incriminate yourself.

I see many people hoping that because they cooperated/incriminated themselves, the cop was going to help them and write a favorable police report or even not turn in a police report. This is just wishful thinking. It is the officers job to get your cooperation as it assists in gathering evidence against you.  Be smart, exercise your right to remain silent and don’t incriminate yourself but, remain pleasant.

In Arizona, you can, and people do, get charged with DUI when your reading is below .08. This is because the law is written to allow prosecutors to pursue DUIs when there is no breath or blood test or a reading above .08. In this type of case, the prosecutor only needs to show you were driving, or in actual physical control, and that your ability to operate a motor vehicle was impaired to the slightest degree. The prosecutor will seek to establish impairment by evidence of driving behavior, FSTs and general demeanor such as slurred speech and poor balance.

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.

There are many ways a DUI incident can cause your driver’s license to be suspended.  This article only deals with “Admin Per Se” or Implied Consent” suspensions.  This is because in most cases, this is the first way a DUI incident starts resulting in suspended driving privileges.  It often occurs even before your first court date.  So these suspensions can arise without a DUI conviction.  This means you do not have to be found guilty of DUI for these suspensions to go into effect.

Most people cited for a DUI will also have their license suspended within 15 days of their DUI arrest if they blew into an official breath testing device or refused to submit to breath, blood or urine testing.  If blood was taken, then the suspension is put off until the official blood test is completed.  Once the results of the blood test are known, then MVD will notify you of your suspension if the results are .08% or more.

MVD LICENSE SUSPENSION

Administrative License Suspensions
The Arizona Department of Motor Vehicles (“MVD”) will suspend your license if you refuse to submit to a breath, blood or urine test after you have been arrested for DUI.  This is an Implied Consent Suspension, also known as a Refusal Suspension.  MVD will also suspend your license for a minimum of 90 days if your breath or blood results show a Blood Alcohol Concentration of .08% or more.  These are known as Admin Per Se Suspensions. 

Refusal/Implied Consent Suspensions
First time Implied Consent Refusal Suspensions will result in a 1-year suspension of your driver’s license.  However, a Special Ignition Interlock Restricted Driver’s License (“SIIRDL”) may be obtained after the first 90 days of the suspension.  The SIIRDL requires you to install an Ignition Interlock Device in your vehicle after the first 90 days and restricts your driving to and from work, school or treatment and for the remaining portion of the suspension.

A second Implied Consent /Refusal Suspension within 7 years of a previous refusal will result in a 2-year suspension of your driver’s license.  There is no SIIRDL available under these circumstances.  A third Implied Consent/Refusal Suspension within 7 years of 2 prior refusals will result in a 2-year suspension.  There is no SIIRDL available under these circumstances.

.08% or More/Admin Per Se Suspensions
First time Implied Consent .08% or more suspensions will result in a 90-day suspension of your driver’s license.  However you can obtain a restricted license allowing you to drive to and from work, school or treatment after the first 30 days of the suspension if you have an Arizona Driver’s License.  If you do not have an Arizona Driver’s License, then you are not eligible for a restricted driver’s license or your nonresident driving privileges will be suspended for 90 days flat.

A second Admin Per Se .08% or more suspension within 7 years will result in a flat 90-day suspension.  Restricted driving privileges are not allowed during any portion of the suspension.

A third Admin Per Se .08% or More Suspension within 7 years will result in a 90-day suspension.  Restricted driving privileges are not during any portion of the suspension.

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.