Articles Posted in ARIZONA DUI TOPICS

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Super Extreme and Drug DUI laws and penalties apply to all motorists driving in Arizona
A criminal superior court judge in Northern Arizona was arrested on Super Extreme DUI charges, Sunday morning, December 9, 2012. He was stopped by police after swerving into oncoming traffic.

It was reported in the media that his Blood Alcohol Content (BAC) level exceeded the Super Extreme limit which is 0.20%. The suspect allegedly admitted to being under the influence of prescription drugs. The Judge was not at his bench on Monday, and the court reported that was allegedly assigned to non-judicial duties due to a personal matter.

In Arizona it is illegal to drive “Impaired to the Slightest Degree” due to alcohol or drugs. Prescription drugs, especially for pain, often have adverse impacts on driving. When drugs and alcohol are combined, they can prove to be particularly impairing on a motorist’s ability to drive.

A mistake in judgment can easily result in a criminal offense. A DUI conviction can result in harsh criminal penalties including jail, driver’s license suspension, and other civil penalties, as well as other consequences. If you will be driving in Arizona, you should understand the side effects of any drugs you take; and be familiar with Arizona DUI laws and consequences of a conviction.

Arizona Drug DUI Laws

A.R.S. 28-1381. (A). Under Arizona law it is illegal to drive or be in actual physical control of a vehicle, “impaired to the slightest degree”, while under the influence of:

• Alcohol;
• Drug, or toxic substance (including over-the-counter, prescription, other legal or illegal drugs; or
• Any combination of liquor, and drugs
First offense drug DUI charges are treated are very similar to those of an alcohol DUI with a BAC of 0.08%, and categorized as a Class 1 Misdemeanor. Penalties for conviction include:

• 10 days jail;
• Fines, fees, costs of $1,200.00
• Installation of Court ordered Ignition Interlock Device on vehicle for at least 6 months;
• Drug/Substance abuse screening, counseling or treatment which if completed, will reduce jail term;
• Suspension of Driver’s License for 90 days;
• Probation and/or
• Community Service

Super Extreme DUI laws in Arizona

A.R.S. 28-1381. (A)(2)(B). A motorist driving with an Alcohol BAC of 0.20 or more will be found guilty of Super Extreme DUI. A super Extreme DUI is a Class 1 Misdemeanor;
If a person is found to be driving with a BAC of 0.20 they will also be cited with “Impaired to the Slightest Degree”; 0.08% BAC DUI; 015% or more Extreme DUI and 0.20% Super Extreme DUI for up to 4 citations in one stop.

Penalties for a first offense Super Extreme DUI include
• 45 days in jail;
• Fines, fees, costs of $2,500.00
• Drug/Substance abuse screening, counseling or treatment which if completed, will reduce jail term;
• Installation of Court ordered Ignition Interlock Device on vehicle for at least 18 months;
• Suspension of Driver’s License for at least 90 days;
• Probation and/or
• Community Service

Criminal Defense Attorney for Super Extreme DUI charges Gilbert AZ

Penalties for DUI if convicted will usually result in other life altering consequences such as termination or suspension of job. It is important to consult an experienced criminal defense attorney before going to court to discuss your matter, and options for defense. The penalties for any DUI in Arizona are some of the toughest in the country. You should never plead “Guilty” without being represented by an effective criminal defense lawyer. There may be defenses you are not aware of, that can lead to a dismissal, reduction or charges, or a reduction of harsh penalties. They will guide you through all phases of the criminal justice process; protect your rights; defend your charges; and work to get the most favorable resolution to your case.

Additional Resources:

• Drug DUI and Super Extreme DUI laws

• Gilbert AZ Police Department

• Alcohol/Substance Abuse Counseling and Treatment Providers

• Arizona Department of Health Services – Behavior Health Resource Links

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Tips for keeping your holidays safe and free from DUI arrests and hazards

Last week, the Arizona Governor’s Office of Highway Safety (AGOHS) announced it will be holding a Holiday 2012 DUI Enforcement “Kick-off” Conference at the Arizona State Capitol, Tuesday November 27, 2012. They will be discussing details for safety checkpoints, saturation patrols, and increased presence throughout the state to enforce DUI laws.

The AGOHS works with local city, and county officials to organize DUI Safety Checks that generally beginning around Thanksgiving and run through the New Year. During this time frame last year, DUI roadblocks resulted in over 4,170 Arizona DUI arrests for Drug DUI and Alcohol related DUI offenses.

7 Basic DUI Safety Tips

Here are some tips for planning Thanksgiving, Christmas and New Year holiday celebrations, to help avoid hazards and arrests resulting from impaired driving:

• Refrain from driving while under the influence of alcohol or drugs;
• Appoint a trustworthy designated driver;
• Make arrangements in advance for a safe ride home including taxi, public transportation, or trustworthy family or friend;
• Know the Arizona DUI laws related to drug and alcohol DUI;
• Avoid binge drinking, and know your impairment threshold for drinking;
• Don’t allow yourself to be a passenger in a vehicle driven by a person under the influence of alcohol or drugs;
• Talk to your teens about the dangers of drinking and driving and encourage them to follow these tips
Arizona DUI Laws and Facts

The National Highway Traffic Safety Administration works with Arizona to provide support for their Holiday DUI Enforcement “Drive Sober or Get Pulled Over” campaigns. Here are some Arizona laws, and NHTSA facts to keep in mind:

• Of the 32,885 people who lost their lives in 2010 to motor vehicle accidents, 31% or 10,228 fatalities resulted from alcohol impaired driving;
• The age group subject to the greatest risk of impaired driving and fatal crashes were 21 to 34 years old, who were under the influence of alcohol or drugs;
• Nighttime driving 6:00 pm to 6:00 am was the most deadly time frame for fatal crashes, and 78% of fatal crashes within the study in December 2010 alone;
• Of those, 45% had a Blood Alcohol Content of .15 BAC or higher;
• Police have zero tolerance for DUI charges, and do not provide warnings. DUI arrests will be made;
• All DUI convictions call for jail time and suspension of driver’s license;
• In Arizona Refusal to take alcohol breath tests will result in a suspension of a motorists driver’s license, whether the motorist was found to be driving impaired or not;
• In Arizona the legal limit for alcohol is 0.08% BAC;
• A person may be arrested for DUI, if their BAC is below the 0.08% if they are driving “impaired to the slightest degree” under the influence of alcohol or drugs;
• The legal drinking age in Arizona is 21 years old. Zero tolerance applies to any one driving or found to have any amount of alcohol in their system.

Criminal Defense for DUI Charges Tempe AZ

If you were arrested for DUI charges in Arizona, you should always consult an experienced DUI defense lawyer regarding your charges. Arizona has some of the toughest DUI laws and penalties in the country, and prosecutors egregiously pursue convictions for all types of DUI – DWI charges. If retained, your attorney will make sure your rights are protected; that you are treated fairly; defend your charges; and attempt to get the most favorable resolution possible for your charges.

Additional Resources:

• Arizona Governor’s Office of Highway Safety – News Announcement

• National Highway Traffic and Safety Administration

• Arizona State Legislature – DUI laws

• Arizona Mothers Against Drunk Driving – (MADD)

• Arizona Department of Motor Vehicles

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5 reasons police conduct Preliminary Breath Tests

Arizona is one of a majority of states with Preliminary Breath Test (PBT) Laws.

The PBT is a small mobile device used to establish the presence of alcohol in a person’s system. The PBT is intended to be used as an early detection or screening tool by police. Arizona does not allow a PBT to be admitted as evidence in court against a person accused of DUI, because the machines historically are not considered accurate in measuring exact Blood Alcohol Content (BAC) Levels. In addition, PBT units are not calibrated or routinely maintained like the official Breath Tests Machines.

Arizona Portable Breath Test (PBT) Law

Under A.R.S. 28 § 1322 Preliminary Breath Test law a police officer who has reasonable suspicion to believe a person is driving under the influence of drugs or alcohol has authority to request that a person submit to a preliminary breath test.

Under this law, the officer may also require the person to submit to further testing
pursuant to the Implied Consent Law A.R.S. 28 § 1321. This includes DUI blood, breath, urine testing.

5 reasons PBTs are commonly used in Arizona

The National Highway Safety Administration recognizes that although the PBT is useful, it is not admissible as sole evidence to determine BAC; but is generally reliable in determining if any alcohol at all is present in a person’s system. Arizona courts do consider PBT evidence to be admissible in court as evidence against a defendant facing DUI charges. Below the police may likely choose a PBT in a DUI field investigation:

• To determine or rule out DUI influence of alcohol v. drugs;
• Drivers who may have a high alcohol tolerance level, and can perform field sobriety tests or other tasks to a greater degree than those with lower tolerance levels;
• To detect if an underage 21 person is under the influence of any alcohol in violation of the state’s Zero Tolerance law;
• As a preliminary DUI screening test only; and if positive, will be followed up with an Official Breath Test Machine.
• At the scene of a DUI collision where the driver is suspected of DUI, but has been injured and is unable to perform Standard Field Sobriety Tests (FSTs).

Criminal Defense for DUI Chandler AZ

Arizona laws and penalties are some of the toughest in the country. If you have been arrested for any type of DUI you should always consult a qualified criminal attorney to discuss your charges. You should do this before you appear in court or plead guilty to the charges. You have the constitutional right to defend your charges, and this is done by pleading not guilty and retaining proper legal representation. There may be defenses that you are not aware of that if used, may lead to a dismissal of charges, sentencing, or other favorable outcome in your case.

Additional Resources:

• Arizona State Legislature – Portable Breath Test Laws A.R.S. 28 § 1322

• Arizona State Legislature – Implied Consent Laws A.R.S. 28 § 1321

• Arizona Department of State – Public Safety – Determining Alcohol Concentration

• Arizona Governor’s Office of Highway Safety – DUI laws

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In Carillo v. Houser Maricopa County, the Arizona Supreme Court held that the Implied Consent Law, A.R.S. § 28-1321 did not authorize police to conduct DUI blood testing without a warrant. The exception is if the suspect expressly gives their consent for officers to administer the chemical test.
It is not enough for a suspect to object to the blood or urine test. They must expressly refuse, or consent to it. Failure of a person to expressly agree, or to consent to completing the chemical test is considered a refusal.

If a driver refuses a DUI breath test the police may obtain a warrant to collect a blood or urine sample. In order to obtain a warrant the police must have “probable cause” to believe that a motorist was driving impaired under the influence of drugs or alcohol.
If a driver refuses to participate in the chemical testing, there are civil and criminal consequences. A refusal of a DUI chemical testing with a valid warrant will result in a 12 month suspension of the motorist’s driver’s license. The police may proceed with a DUI arrest with probable cause for DUI charges.

Arizona Implied Consent Law

Under the Implied Consent Law A.R.S. § 28-1321 a motorist driving in Arizona inherently gives their consent to DUI breath, blood or urine test if requested by police to determine if they are driving under the influence of alcohol or drugs.
The Police Officer who makes the DUI stop decides what type of test should be administered. The officer must have cause to believe that the person was driving or in actual physical control of a motor vehicle either alcohol or drugs.

Implied Consent Law – Underage 21 Drinking

Arizona is a “Zero Tolerance” state with regard to underage 21 drinking. This means an underage drinker may be arrested for being under the influence of any alcohol in their blood stream. The Implied Consent Law A.R.S. § 28-1321 also gives authority to police in Arizona to administer chemical testing to a person under the age of 21 years of age. They police may administer the test to determine if the person under age 21 has in their body, whether or not they were driving or in actual physical control of a vehicle.

DUI Lawyer Tempe AZ – Defense

If you were arrested for DUI based on breath or blood testing, there may defenses you are not aware of that can lead to suppression of evidence or even a dismissal of charges. An arrest is not a conviction. Anyone arrested has a constitutional right to defend their charges. In order to make sure your rights are protected, and to defend your charges, you should always retain the services of a qualified criminal defense attorney.

Additional Resources:

• Arizona Legislature Implied Consent Law

• Arizona Legislature DUI law

• Arizona Supreme Court JOSE CARRILLO v. HON. ROBERT HOUSER Ref: CV-09-0285-PR
• Arizona Department of Transportation

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Did you know that the National Impaired Driving Enforcement Campaign is in effect August 17, 2012 to September 3, 2012? You have probably seen the Television commercials airing the messages: “Drive Sober or get Pulled Over;” Don’t drink and drive; and “They’ll see you before you see them”. The efforts involve increased police presence, DUI Task Forces; media outreach; national and local advertisements geared at raising public awareness. According to the National Highway Traffic Safety Administration (NHTSA) launched a new anti-impairment driving campaign to support high visibility enforcement (HVE) of police officers nationwide. The campaign is intended to help reduce drunk driving, and raise awareness about the hazards of driving impaired due to alcohol or drugs. The efforts focus combining resources: • Community outreach programs and education; • DUI Task Force administration guides and materials; • Heightened Presence of Police for basic traffic safety; • Paid media communications, advertisements and marketing; • Social media and internet campaigns to communicate the messages Every state has their own laws regarding the legal limit or level of impairment that will result in criminal charges. It is important that you be familiar with the laws in your state, or any state that you plan to visit or reside. Blood Alcohol Content (BAC): Legal Limits Arizona All states in the country comply with at least 0.08% as the legal limit. Other states have more strict legal limits for example 0.05%. Under Arizona law A.R.S. § 28-1381 A (2) a person may be arrested for DUI if their BAC is 0.08% or greater while driving or in actual physical control of any vehicle. In Arizona, a motorist may also be charged with DUI, even if the BAC is below 0.08% down to 0%. This is called being “impaired to the slightest degree” under the influence of alcohol or drugs A.R.S. § 28-1381 A (1). The penalties for DUI convictions are some of the harshest in the country. A first time Misdemeanor DUI, non-extreme BAC (below 0.15.%) conviction carries jail terms; 90 day suspension of driver’s license; Ignition Interlock Device on vehicle; mandatory drug or alcohol counseling; probation; fines and fees. DUI Attorney for defense of charges in Chandler AZ If you face any type of DWI or drunk driving charges, you should always consult a criminal defense attorney to discuss your matter, and defense options. It is never a good idea to go to court alone or try to go without legal representation. If retained, your lawyer will provide legal representation throughout the criminal justice process; make sure you are treated fairly; defend your charges; and look for mitigating factors that will help you avoid a conviction or harsh penalties. If you “Like” this article please let us know with a +1! Feel Free to subscribe and “Share • National Highway Traffic Safety Administration – Driving Safety • National Impaired Driving Enforcement Crackdown • Arizoan Legislature – Arizona Revised Statutes Continue reading

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With Labor Day 2012 fast approaching and ASU back in session, police are increasing presence in and around East Valley Cities.

DUI Task Forces will be set up again this weekend on Mill Ave, in Tempe AZ. Police will also be organizing Traffic, Pedestrian, and Bike Safety checks.

The DUI Task Force officers will be looking for persons engaging in underage drinking; and binge drinking. They will also be seeking out motorist who are driving “impaired to the slightest degree” due to alcohol or drugs.

Basic DUI Laws in Arizona

• The legal limit in Arizona is 0.08% or greater (A.R.S. §28.1381.A. 2);
• A motorist may be charged for DUI if they are under the influence of drug or alcohol and found to be driving “impaired to the slightest degree” (A.R.S. §28.1381.A).
• The higher the Blood Alcohol Content BAC, the more severe the penalties;
• Sentencing for first time Misdemeanor DUI charges will result in Mandatory Jail Terms, Ignition, Interlock device, and driver’s license suspension;

Under Age 21 Drinking Laws

• The legal drinking age is 21 in Arizona: (ARS § 4-244(34);
• Underage 21 Drinking DUI convictions in Arizona are subject to “Zero Tolerance” laws. Motorists convicted of driving under the age of 21 with any alcohol or drugs will be exposed to criminal penalties which include: Jail terms; Ignition Interlock Device on Vehicle; 2 years driver’s license suspension or denial; Probation or Community Service; Alcohol/Drug screening and treatment.

“Binge Drinking”
Binge Drinking is the Number 1 cause of Alcohol Poisoning. It is also the number one cause of drunk driving and resulting DUI and DUI with Auto Accidents. Binge drinking is defined as having 4 to 5 alcoholic drinks or “shots” within a short time span. It can result in serious illnesses, acute and long term disease and even death. It is the result of the body’s inability to metabolize the alcohol as fast as it is ingested. It takes a least an hour, for the liver to metabolize one drink. Other factors are taken into account for metabolic speed including body weight; food ingested with the alcohol; other medications; medical conditions; alcohol tolerance level and other factors. So in a binge drinking situation, the alcohol or “shots” ingested may just begin to shock the body which feels it effects long after the last drink, once they have left the bar.
Criminal Defense Attorney Tempe AZ

If you were arrested for DUI it is important that you consult an experienced criminal attorney to discuss your case and defense options. The laws and penalties are some of the harshest in the country. With so much at stake, you should always retain qualified legal representation for any alcohol or drug related criminal offense. If retained, your lawyer will protect your rights, defend your charges, and provide an effective defense that can preserve your future and freedom.

Resources:

National Centers for Disease Control

Arizona Revised Statutes – AZ Legislature

Arizona Department of Public Safety

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On June 8, 2012, the US Department of Human Services Centers for Disease Control and Prevention (CDC) survey results. According to Youth Risk Behavior Surveillance Summaries 2011 report, Arizona topped the nation at #1 with 26.5% for high school students who engaged and alcohol “binge drinking”. Arizona dropped to the number #2 spot for with 43.8 % of high school students admitting to current use of alcohol (just shy of Louisiana at 44.4%.)

Binge Drinking

Binge drinking is consuming 4 to 5 alcoholic beverages, or “shots” in a row, within a short period of time. One drink is considered a 12 ounce bottle of beer; 3 to 5 oz. of wine; or 1 to 1.5 oz. of 80-86 proof liquor. If any of these or any combination of these are consumed within a short time for example within one or two hours, a person is considered to be binge drinking.

Hazards of minor consumption of Alcohol and Binge Drinking

Binge drinking is the number one cause of alcohol poisoning which can cause serious injury, disease, liver failure, and even fatality. Other hazards include DUI and/or serious and fatal auto collisions if a person is a passenger in the vehicle of another driver who is driving drunk.

Underage DUI and Minor Consumption Zero Tolerance Laws
Arizona is considered to be a “0” tolerance state, meaning it is unlawful for a person to be found with any amount of alcohol in their body, whether they are impaired or not. There are a few exceptions under safe supervised conditions such as religious exercises, or medicinal purposes.
• A.R.S. § 4-244. 41. It is unlawful to drinking spirituous liquor under age 21;
• A.R.S. § 28-1381 A. (1). It is unlawful to drive if you are “impaired to the slightest degree” due to drugs or alcohol;
• A.R.S. § 28-1381 A. (2). If the person is under twenty-one years of age, with spirituous liquor in the person’s body;
• A.R.S. § 4-244. 34. It is unlawful for a person under age 21 years of age to drive or be in physical control of a motor vehicle if any amount of liquor has been consumed and found in a person’s body;
• A.R.S. § 28-1381 B (1) is against the law to drive with a Blood Alcohol Content (BAC) of 0.08% or greater;
• A.R.S. § 4- 241. It is unlawful for a person to buy, sell, give, or distribute liquor to a person under age 21.

Penalties for Underage Minor Consumption and Underage DUI Charges Tempe AZ

• 2 year driver’s license suspension or denial;
• Jail Term;
• Probation;
• Fines up to $500.00;
• Community Service;
• Alcohol education and counseling;
• Installation of ignition interlock device on vehicle

Minor Consumption – Underage DUI charges defense Tempe AZ

If you face charges for minor consumption or underage DUI, you should consult a criminal defense attorney before pleading guilty. There may be defenses you are not aware of that can help you save your driving privileges, avoid jail, or other favorable outcome in your case.

Resource Links:

http://goo.gl/ry4Yr
http://goo.gl/6MHYu

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“How to avoid alcohol poisoning and DUI charges.”


Binge Drinking is the number one cause of Alcohol Poisoning. It has more to do with how fast you drink, than how much. Medical Sources define “Binge Drinking” as downing 4 to 5 drinks in a quickly, in a row. If you drink the same amount at a rate of no more than one an hour; you may still be arrested for DUI; but you will significantly reduce your risk of suffering from alcohol poisoning. The age group most vulnerable to binge drinking is 16 to 25, with a majority underage 21 drinkers. Many are unaware of the consequences of an Arizona DUI conviction, or dangers of binge drinking.
“What is a Drink?”

One drink is equal to:

• 12 ounces of beer;
• 3 to 5 ounces of wine;
• 1 ounce to 1.5 ounces of 80-86 proof distilled liquor
How Liquor is Metabolized

Alcohol (Ethanol) is processed by the body’s liver. It takes about one hour for the body to process or metabolize a drink of liquor or Ethanol (drinking alcohol). Other factors besides speed at which a person drinks; amount and type of alcohol include speed of metabolism; food consumption; height; weight, age, tolerance, other medications. Alcohol will continue to be released into the bloodstream, after a person finishes a drink, no matter how fast a person is drinking. Subsequently, the level of alcohol in the body (BAC) will continue to rise, even though they are not actively drinking.

Symptoms of Alcohol Poisoning

Classic symptoms of alcohol poisoning may include:

• Seizures;
• Slow or irregular breathing;
• Pale or bluish skin;
• Low body temperature;
• Hypothermia;
• Confusion;
• Severe dizziness;
• Vomiting;
• Passing out or unconsciousness

What to Do if You See Signs of Alcohol Poisoning

• If the person is conscious – And demonstrating two or more signs above, call your local poison control center or 800-222-1222 (within the U.S.A.) or visit the official website at http://www.poison.org ; or
• Call Local hospital E.R, or urgent care facility;
• Be prepared to tell the urgent care or poison control operator the location of the person; how much; what they drank;, and when they drank;
• If a person is unconscious – call 911 or your local emergency number immediately;
• Never Leave an unconscious person alone; Don’t assume they will sleep it off. If they are suffering from alcohol poisoning, it could be fatal.

Even if a person does not demonstrate any of the above classic signs and symptoms you should contact poison control or #911 if they become unconscious.

Tips to Avoiding Binge Drinking (If you are going to drink)

1) Know how much you can safely drink;
2) Know the type of liquor you are drinking and it’s proof;
3) If you are going to drink, make sure you eat either before or while drinking;
4) Decide in advance how much you can safely drink and do not exceed that amount;
5) If you are on any medications, consult your doctor before drinking alcohol

Tips to Avoiding Getting a DUI (If you are going to drink)
1) Appoint a Designated Driver before you go out;
2) Select someone who you can trust or depend on, to call if you drink to too much and need a ride home. Make sure that person agrees in advance, and let them know you will be drinking and make sure they will be available if needed to drive you home;
3) If your friends ask you to give them your car keys because they think you have had too much to drink, don’t argue, give them the keys;
4) Call a taxi cab; Pick up your vehicle when you can safely drive ( 24-48 hours later.)
5) Don’t drink and drive.

Underage 21 DUI Charges Tempe AZ
You should always carry the contact information of a DUI or criminal defense attorney with you. If you are arrested for DUI, you should consult them as soon as possible. You should not plead guilty to DUI before you discuss your matter with a qualified criminal attorney. The consequences for DUI convictions in Arizona are severe and include jail time, suspension or denial of driver’s license; ignition interlock device on your vehicle; alcohol or drug education screening and counseling, and other penalties ordered by the court. If retained your criminal defense attorney will defend your charges; guide you through the criminal case stages and work to get you the best resolution possible in your case.

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“The purpose of a DUI Task Force is to seek out and arrest persons driving drunk, or driving impaired due to alcohol or drugs. The laws regarding routine DUI stops and DUI Task Force Stops are very different. To preserve your rights and defenses you should know the differences.”

Difference between DUI Task Force Stops and DUI Stops

The difference between a regular DUI “pull over while driving” stop and a DUI Task Force Stop are the circumstances that lead to the initial DUI stop. In a DUI roadblock situation, Police do not need “reasonable suspicion” that someone is driving drunk or DUI, in order to stop a vehicle.

A routine DUI stop occurs when the driver is “pulled over” in absence of a DUI Task Force Situation. In a routine DUI stop, the police must have “reasonable suspicion” that a crime is in progress or other violation of the law has occurred. This standard has been upheld by the US Supreme Court, as held by the rights given under the 4th Amendment of the U.S. Constitution. If a person is stopped for DUI or any other crime in absence of “reasonable suspicion” that a crime or violation is in progress or has occurred, then the stop is unlawful. Subsequently, it would be considered a violation of the driver’s rights.
DUI Task Forces are organized and conducted according to The National Highway Traffic and Safety Administration (NHTSA), and along with City or State Laws in place for DUI Task Force Stops. The purpose of a DUI Task Force is to seek out and arrest persons driving drunk, or “driving impaired to the slightest degree” due to alcohol or drugs. No one is immune to the stop. In most cases, The vehicles to be stop at are decided in advance by city, or county officials and their respective law enforcement Agencies. The NHTSA guidelines require that the determination be made on the basis of a mathematical or numeric formula, for example, every vehicle, or every 2nd vehicle. According to the NHTSA guidelines, the determination must be made by means of some sort of mathematical formula. For example, they will stop every first, third, or every other vehicle passing through the DUI roadblock. Police need no other reason to make the checkpoint DUI stop.


Arizona DUI Penalties

Generally, there is no difference in penalties sentencing for convictions resulting from DUI Task Force arrest and a routine DUI Task Force Arrest. Arizona has some of the toughest DUI penalties in the country. Currently they include 24 hours jail time; suspension of driver’s license for 90 days; interlock device installation; fines, fees, costs; drug or alcohol screening or counseling and other penalties ordered by the court. Penalties increase in severity for higher Blood Alcohol Content (BAC) levels and repeat DUI offense.

DUI Lawyer for Defense, Gilbert AZ
If you face DUI charges in Maricopa County, you should consult an Arizona criminal defense attorney regarding your charges, and defense options. If retained an experienced DUI attorney will review the facts of your case. They may find that there are defenses that can be used to challenge the evidence or charges in your matter. If the DUI stop was unlawful, it is considered to be a violation of your constitutional rights. In that event, any evidence gathered after that stop may be prohibited by the court from being used against you as evidence. This severely weakens the prosecution’s case, and usually results in DUI case dismissal. Any defenses are the most effective, when presented by a qualified and experienced criminal defense lawyer. They will defend your charges; protect your rights; and represent you throughout the DUI case stages to obtain the most favorable outcome possible in your case.

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