DUI with passengers under age 15 in vehicle raises a DUI to Felony Charges, where penalties are steep.
Recently, a middle-aged man was stopped in Arizona driving 89 miles per hour in a 65 mph zone. His ten-year-old and twelve-year-old daughters were in the car with him and the sheriff noticed his breath smelled like alcohol. His Blood Alcohol Content (BAC) was .253 percent over 3 times the legal limit for alcohol in Arizona. The man admitted to deputies that he drank a six-pack of beer before driving. He was then charged with aggravated felony DUI, Super Extreme DUI and excessive speed.
An Aggravated DUI charge means that Misdemeanor DUI charges were raised to a felony in violation of Arizona’s A.R.S. 28-1383 Aggravated DUI Laws. An impaired driving charge without aggravated circumstances is generally charged as a Misdemeanor. The aggravated factor of having passengers under the age of 15 in the vehicle raise the charges to a felony violation.
Aggravated DUI charges alone are categorized as Class 6 felonies and expose a person to up to 20 days of incarceration; $4,000.00 fines; Driver’s License Revocation for 3 years; 2 years Ignition Interlock Device (IID) after driving privileges are reinstated; substance abuse education and counseling; and possible forfeiture of vehicle. These penalties will be more severe if coupled with other DUI or criminal charges, or if they are repeat offenses.
An Extreme DUI is charged when someone has a BAC above 0.150 percent but below 0.199 percent. First-time violations of Extreme DUI convictions expose a person to driver’s license suspension for 18 months; fines fees and assessments of $1500.00; 30 days in jail; installation of an Ignition Interlock Device (IID) for 1 year; and substance abuse screening and treatment.
The Super Extreme DUI charge was because his BAC level exceeded 0.20 percent under Arizona Super Extreme DUI Laws A.R.S. 28-1382. A first time DUI conviction with a BAC 0.20 percent or higher, calls for maximum jail terms of 45 days: fines, fees, and assessments of $1750.00; IID for 18 months; driver’s license suspension; and substance abuse screening, counseling or treatment.
In Arizona, the higher the BAC, the more severe the sentencing related to most all the penalties. Repeat violations can also result in aggravated DUI charges, and exposes a person to prison sentencing.
The Aggravated DUI in this case may present even harsher penalties if the man is convicted than the extreme DUI charge. When children under the age of 15 are in the car of a drunk driver, a misdemeanor DUI or DWI is automatically charged as a more serious Class 6 felony, even if it is a first drunk driving offense and the driver has no criminal history. This is because of the significant risk to a child’s life from being in the car with a drunk driver.
Someone convicted of felony aggravated driving while under the influence, may be sentenced to prison for 2 ½ years. Not only that but he or she must also attend and complete an alcohol education/treatment program, pay a fine of $750 and additional fees of $1750. His or her driver’s license will be revoked for 3 years. He or she will also be required to install an ignition interlock device on any car he operates for more than a year. Installation of the device typically costs money, too.
DUI and child endangerment convictions will usually have an adverse impact on civil and parental rights as well as criminal penalties. Convictions may result in a court order reducing of parenting you have with a child, for example if you have joint custody. It can also impact your civil rights such as causing you to be classified as a “prohibited user” due to the felony charge; and other consequential losses.
DUI charges involve multi-facet circumstances, evidence, laws, penalties and consequences. And the punishments can impact your life, and that of your family, adversely for many years into the future. There is a lot at stake in the way of your future and freedoms that you currently enjoy.
DUI Task Forces Saturate the State
There was hardly a city in the valley this holiday weekend, not saturated by police patrols. As the Arizona Department of Public Safety (DPS) warned, they were “everywhere”.
Following the New Year’s holiday 2013, the police reported making 4,371 DUI arrests between November 23, 2012 to January 1, 2013, representing a 7.16% increase over this time last year, and 12% from the year before.
Of the total 4, 371 total impaired driving arrests, it was reported that 1,098 were for Extreme DUI (0.15% or higher BAC), which constitutes over 25% of all impaired driving arrests.
Drug related impaired driving arrests totaled 934 which represented 21.3% of the total.
Aggravated DUI (Felony) totaled 450 or 10.2% of all impaired driving arrests.
The average DUI Blood Alcohol Content level was 0.15% the Extreme DUI, with the legal limit being 0.08%.
This year the state pooled their Law Enforcement resources to create a super DUI task force for the Thanksgiving through New Year’s Eve holidays. The large valley-wide DUI task force was 2,247 officers strong from 70 Police Agencies.
The state reported that overall DUI arrests for 2012 totaled 27,710.
In 2011 a total of 18,916 impaired driving arrests resulted from DUI task forces reported by Arizona Governor’s Office of Highway Safety (AZGOHS).
Many are attributing this increase to the fact that there was a higher police presence and DUI task forces demployed throughout Arizona during the year. The AZGOHS provided grants and funding for Cities and Counties. With this, it enabled law enforcement agencies to increase their presence; work overtime, and make more police stops in 2012.
The Arizona Republic reported that there were 787,946 police stops from January 1, 2012 to January 1, 2013. It is unclear how many of those stops were for suspicion of DUI.
Criminal Defense Firm Gilbert AZ
A DUI conviction can have devastating impacts on your life. The laws and penalties in Arizona are among the toughest in the Country, even for first offenders. DUI convictions call for jail terms; fines, fees, and assessments; impound of your vehicle; ignition interlock device on your vehicle; and drug or alcohol counseling. Felony DUI charges call for prison terms and other increased penalties. And it doesn’t stop there. For some it can mean loss of their job or future job opportunities, deportation, and other adverse impacts that can last a lifetime.
If you were arrested for any type of DUI, you should consult an experienced criminal defense attorney well before your first court appearance. You should retain a qualified and effective DUI lawyer who can protect your rights and defend your charges.
There may be defenses that you are not aware of, that may enable you to obtain a favorable resolution in your case. Even though you were arrested, you still have the right to retain an attorney and defend your charges. You should always invoke your rights to this due process under law.
*Statistics updated January 4, 2012
• DUI Arrest Statistics by Calendar Year AZGOHS
• Gilbert Police DUI Units
• Gilbert Municipal Court
“We are going big” says AZ DPS in preparation for intense week of DUI enforcement
A DUI may result in an arrest, jail time, but you can also wind up costing a person their job. That’s just a few consequences of a DUI conviction. Arizona calls for tough criminal penalties; civil penalties such as loss of driver’s license; and other consequences.
The Arizona Governor’s Office of Highway Safety (AGOHS) announced it has organized 12 task forces for what it considers to be an intense week of DUI through January 1, 2013.
The DUI task forces 40 – 100 strong include 70 law enforcement agencies valley-wide, and working with Arizona Department of Public Safety.
The goals this year include focusing on both drivers impaired due to alcohol or drugs, especially extreme DUI arrests. The AGOHS reported that Extreme DUI arrests increased statewide 12% from 2011 to 2012. Total DUI arrests have increased over 14% overall from November during this from this time last year to December 27, 2012.
AZ DPS, Director Alberto Gutier, reported to local media sources that instead of employing DUI task forces, that officers would be out tar employs the DUI checkpoint method, in geo-targeted patrols throughout the valley. He indicated that they want to send the message that they are everywhere verses one particular checkpoint.
Arizona DUI Laws
In Arizona it is unlawful to drive “impaired to the slightest degree” due to alcohol or drugs under the legal limit of 0.08% due to alcohol or intoxicating drugs.
A person may also be arrested for DUI if they are driving over the legal limit with a Blood Alcohol Content of 0.08% person.
Driver’s with BAC limits of 0.15% or more will be charged with Extreme DUI; and BAC limits that exceed 0.20% or more will be charged with Super Extreme DUI under Arizona Law. Higher the BAC limits call for harsh sentencing including longer jail terms.
The legal drinking age in Arizona is 21, and a motorist under the age of 21 found to have any alcohol in their system, will be arrested, whether or not that driver is impaired.
DUI charges generally brought as Misdemeanors unless Aggravated Factors exist. If Aggravated Factors are present, the charges will be prosecuted as Felonies. These factors include a third DUI with two prior DUI convictions with 84 months; driving impaired due to alcohol or drugs with a child passenger under the age of 15 years old; driving impaired with an invalid driver’s license; or one that involves a serious or fatal auto accident.
DUI Defense Attorney, Chandler AZ
If you face drunk or impaired driving charges, your future and freedom are in jeopardy. You should consult a criminal defense attorney regarding your matter, before your first court appearance. If retained, they will protect your rights; and defend your charges. There may be defenses you are not aware of that could lead to case dismissal, or otherwise favorable outcome in your case.
Disorderly Conduct also known as “disturbing the peace”, is one of the most common criminal offenses. In 2011, police made 17,537 arrests for this offense in Arizona, making it the 4th most common offense in the state.
Most are charged as Class 1 Misdemeanors, which carries a jail sentence. But depending on the circumstances, may be charged as Class 1 felony which exposes a person to harsh prison sentencing.
Disorderly Conduct laws cover a wide range of criminal conduct, which many perceive it as a “catch-all” offense. Others consider it a last resort charge, in those cases where police are annoyed with a person, and have no other applicable charges for which to cite a person. It is often coupled with other offenses such as assault, domestic violence, unlawful discharge of a gun, or resisting arrest.
Disorderly Conduct charges are often vague in nature, making it one of the most challenged criminal offenses in court. Often the suspect was acting within the order of their Constitutional Rights. They are often dismissed for the following reasons:
• Insufficient evidence;
• Lack of consistent credible witness statements;
• Violations in Constitutional Rights;
• Affirmative or Justifiable Defenses were successfully argued.
• Inability of the prosecution to “prove beyond reasonable doubt” that the crime was committed.
A.R.S. 13-2904 Disorderly Conduct Laws
A person is guilty of Disorderly Conduct, if, with intent to disturb the peace and quiet of a neighborhood, person, family, or business, other public or place, with knowledge of doing so commits the following:
1) Engages in fighting, violence or seriously disruptive behavior; and includes public drunkenness resulting in disorderly behavior;
2) Makes unreasonable and disruptive noise; or
3) Uses abusive or offensive language or gestures to against another that is likely to provoke immediate physical retaliation by that person; or
4) Makes commotion of long duration; verbal or physical display with the intent to prevent transactions of a business, lawful gathering, meeting, or procession; or
5) Refusing to comply with a lawful order to disperse for any of the following purposes:
• To maintain public safety;
• If they are within the dangerous proximity to a fire, or other hazard;
• Any other emergency as deemed necessary by civil local, or state officials, or criminal law enforcement entities.
These offenses will be charged as Class 1 Misdemeanors, and expose a person to jail, and other penalties.
A person will also be guilty of Disorderly Conduct if with intent and knowledge, displays or discharges a firearm, other deadly weapon, or dangerous instrument. This offense will be charged as a Class 6 Felony, exposing a defendant to prison, and other harsh penalties.
Criminal Defense Attorney for Disorderly Conduct in Tempe, AZ
Disorderly Conduct charges are not always justified, are often vague in nature. For these reasons criminal defense attorneys can often get them dismissed. You should never plead guilty before consulting an experienced criminal lawyer about your matter. If retained they will evaluate your case and determine what defenses may be used based on your circumstances. They will tell your side of the story; protect your rights; defend your charges; and work to get you the best possible outcome in your case.
• Tempe Police Department – Resources
• Tempe City Court
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:
• 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.
The phrase “Super Extreme” relative to “DUI” refers to the level or amount of Alcohol Blood Alcohol Content (BAC) found in a person’s system. “Felony” refers to the Classification of criminal charges as in the difference between Misdemeanor and Felony crimes.
Differences between Misdemeanor and Felony DUI charges
First we will discuss the main differences between Misdemeanor DUI and Felony DUI classifications. A majority of DUI charges are classified as Misdemeanors. A Misdemeanor DUI offense will be raised to Felony charges when certain aggravated factors are presents. For this reason, Felony DUI charges are also referred to as “Aggravated”. The penalties for felony DUI charges are more severe than misdemeanor. Convictions will expose a person to prison term, larger fines, fees, and assessments; and driver’s license will be indefinitely revoked.
Aggravated Factors – Felony DUI Charges
Under Arizona law A.R.S. §28-1383 (A) (1), (2), & (3) three aggravating factors that will cause an Arizona Misdemeanor DUI to be elevated to Felony DUI charges.
(1) DUI charge while driving on a suspended, restricted or revoked driver’s license;
(2) Third DUI charge within 7 years and you have two prior DUI convictions that occurred during the last 7 years:
(3) DUI DWI and a child under 15 years of age was a passenger in the vehicle you were driving
Super Extreme DUI Blood Alcohol Content (BAC) in Arizona:
The terms “Extreme” or “Super Extreme” refer to the motorist Blood Alcohol Content (BAC) level found in a person’s system.
The legal limit for alcohol in Arizona is 0.08%. If a person exceeds 0.15% they are considered to be Extreme DU; if a BAC exceeds 0.20% or greater they will be charged with Super Extreme DUI – DWI offense.
In Arizona a person can also be charged with DUI for being “Impaired to the Slightest Degree” even if their BAC is below 0.08%, or if they are impaired due to drugs and alcohol, or drugs alone.
Penalties for Felony DUI Super Extreme BAC Convictions:
• Mandatory Prison – 4 months minimum or more;
• 3 year Driver’s License Revocation;
• Participation in Mandatory Alcohol counseling or treatment program;
• Minimum of 30 hours in Community Service;
• Ignition Interlock device on vehicle – current statutory requirements;
• Fines, court fees, prison assessments and fees exceeding $4,000.00.
Tempe AZ Super Extreme Aggravated DUI Lawyer for defense
Felony DUI charges with Super Extreme BAC are very serious. Your future and freedom are at stake. A Felony DUI conviction will leave you with a felon criminal record, prison terms, and have lasting adverse impacts on your life. You should always consult an experienced criminal defense attorney in the jurisdiction where you were arrested or received charges. They will discuss your matter and provide you options for defense. There may be defenses you are not aware of that may lead to a favorable resolution of your charges. If retained, a criminal defense attorney will protect your rights, defend your charges, and pursue the best possible outcome in your case.
• Arizona State Legislature = Aggravated DUI Laws
• Arizona State Legislature – Extreme DUI Laws.
• Arizona Governor’s Office of Highway Safety (azgohs.gov) Super Extreme DUI Sentencing
• Arizona Department of Public Safety (azdps.gov)
Types of Robbery Charges
There are three classifications of robbery in Arizona:
2) Armed Robbery which involves a weapon;
3) Aggravated Robbery which involves an accomplice
Even if a robbery offense does not involve a weapon or an accomplice it is serious felony charge. Maricopa County prosecutors pursue them egregiously because they are considered crimes against a victim. If convicted, a person may be exposed to long term jail and prison sentencing.
Arizona Robbery Laws A.R.S. § 13-1902
A.R.S. § 13-1902 Robbery is theft that occurs; is intended; or attempted while the owner, caretaker or authorized party overseeing the property stolen is present at the time of the incident.
Robbery occurs when items (s) are stolen forcefully or against a person’s will. Robbery also includes acts or words of intentional intimidation, force or threat used against the owner or caretaker of the property in an effort to cause them to surrender the property against their will.
In order to get a conviction for robbery, the intent to commit robbery must exist. A person may be found guilty of robbery or attempted robbery, even if no property was taken; or even if a victim was unharmed.
A person may be guilty of robbery, or attempted robbery, even if they did not get away with any of the property; an even if the victim or witnesses were not harmed.
Robbery Sentencing Mesa AZ
Robbery charges without aggravated circumstance are Class 4 Felonies under Arizona Law. All robbery charges are felonies and sentencing is harsh. If convicted a person will be exposed to prison sentencing of up to 3.75 years in State Prison;, or jail sentences up to one year. Other penalties include fines; fees; victim restitution; property damage, community service, and other penalties the judge deems appropriate. A sentence may be mitigated, which means reduced, or aggravated which mean increased based on certain factors. Factors may include prior criminal record repeat offenses; nature, monetary value, and number of items stolen.
Robbery Lawyer for defense in Mesa AZ
If you have been arrested for robbery, you will need to hire an experienced criminal attorney to defend you. They will make sure you are treated fairly; defend your charges; and look for defenses that may apply to your case; and provide the court with mitigating factors on your behalf. Retaining a qualified lawyer will increase your chances of getting a good outcome in your case.
Aggravated assault charges are assault charges that involved “aggravated factors” which elevated a Misdemeanor to a Felony. One aggravating factor that will raise a misdemeanor to a felony assault is if the offense was against a police officer. These types of charges carry long term prison sentencing and exorbitant fines. Conviction for this offense is egregiously pursued by the State of Arizona and Prosecution.
Felony Assault against a Police Officer A.R.S. § 13-1204 (A)
A person is guilty of aggravated assault if they commit assault as defined in
A.R.S. § 13-1203 Assault, and knows or has reason to know that the victim is a police officer, or peace officer professionally engaged in their official duties; and
• A person causes serious physical harm or injury to the officer; or
• A person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment, body organ or part or a fracture of any body part; of the officer; or
• A person uses a deadly weapon or dangerous instrument against the officer; or
• A person takes or attempts to gain control of a police officer’s firearm or other weapon.
Penalties for Felony Assault
Charges for Felony Assault may range from a Class 6 felony to a Class 2 felony which is more severe. The only charges higher than Class 2 are Class 1 felonies which are reserved for the most serious of crimes, homicide.
Depending on the seriousness of the assault, and number of offenses, and other factors, sentencing may include prison terms of 1.5 to 3 years for a Class 6 felony; and 7 to 21 years in prison for a Class 2 felony.
Fines for conviction may be ordered as high as $150,000.00, plus victim restitution, costs; fees; assessments, counseling, probation or parole; community service; and other harsh penalties.
If convicted, Felony Assault or Aggravated Assault Penalties can include lengthy prison sentences, long term felony criminal records that will follow you for a lifetime, exorbitant fines, fees, counseling, restitution to the victim, adverse impacts on your job and future job opportunities, negative impacts on your ability to get credit or loans in the future and any other punishments the Tempe court determines is necessary and appropriate.
Criminal Defense Attorney Felony Assaults Phoenix AZ
It is imperative to consult an experienced criminal defense attorney if you face aggravated assault charges. You can discuss your matter, and they will provide you with options for defense. If retained, they will protect your rights; make sure you are treated fairly; defend your charges; and look for evidence in your favor. They will represent you through the proper channels of the criminal justice system. There may be defenses that can be used, could lead to dismissal of charges; reduction in penalties or other favorable outcomes. For charges of this serious nature you should retain qualified legal representation as early as possible so they may begin working on your defense. This will also help you to avoid any unintended self-incrimination that could harm your case.
Misdemeanor Assault Phoenix AZ
Assault charges may be brought as Misdemeanor or Felony charges. Both are serious offenses in Arizona if convicted. If you were arrested, you have the right to defend your charges. This is the most effective, if you retain an attorney to protect your rights, and provide a defense on your behalf. In order to prosecute the State will need to prove beyond reasonable doubt that you purposefully; intentionally, or recklessly assaulted another person.
A person may be guilty of Misdemeanor Assault under A.R.S. § 13-1203 if their conduct knowingly, intentionally or recklessly:
1. Causes physical injury to another person;
2. Places another person in reasonable apprehension of present physical injury; or
3. Touches another person with the intention to insult, provoke or harm them.
Misdemeanor Classifications for Assault
• A.R.S. § 13-1203 1. Class 1;
• A.R.S. § 13-1203 2. Class 2;
• A.R.S. § 13-1203 3. Class 3
Sentencing for Assault in Phoenix AZ
Prison terms to do apply to Misdemeanor convictions in Arizona. However, under A.R.S. § 13 – 707 sentencing can include jail terms of six months in jail for a Class 1 Misdemeanor; Four months in jail for a class 2 Misdemeanor; and thirty days in jail for a class 3 misdemeanor.
Fines and Penalties for Misdemeanor Assaults
Fines for A.R.S. § 13 – 802 Misdemeanor will be ordered by the court of not more than the following amounts for individual convictions (excluding enterprises):
A. Class 1 – up to $2,500.00;
B. Class 2 – up to $750.00;
C. Class 3 – up to $500.00
Other penalties may include assessment fees;, court costs; restitution to the victim; terms of probation; community service and/or anger management counseling.
Burden of Proof
For the Police to make an arrest, they must have “probable cause” to believe that a crime of assault was committed and that the suspect was the one who committed it. An arrest, however is not a conviction. In order to prosecute a person for assault the state of Arizona and its prosecution must prove “beyond a reasonable doubt” that a person’s conduct was purposefully intended; with knowledge; or recklessness harmed another person. This means that objective evidence will be needed. Such evidence can include consistent eye witness statements, photos, surveillance footage, DNA testing results and other material evidence.
Assault Lawyer for Defense Phoenix AZ
It is critical that you retain experienced legal representation if you face any type of assault crime. There may be defenses that you are not aware of that if used may lead to a partial or complete dismissal of charges, or reduction of sentencing. Every case has its own set of circumstances, for which certain defenses are effective. You should consult an attorney who defends assault charges on a regular basis, in the jurisdiction where you were arrested, to discuss you matter and defense options. They will advise you further if retained.