There is a trend among police departments across the U.S. to force DUI suspects to have their blood alcohol content (BAC) measured. Since BAC evidence is generally the most powerful evidence to support a DUI conviction, many jurisdictions are going the extra mile to get it.

During “No Refusal” campaigns, drivers who are suspected of DUI are given an ultimatum. They may submit to a breath test to measure their blood alcohol content, or they will be forced to give a blood sample for testing. After a motorist is given the choice and still refuses to take a breath test, a warrant to obtain a blood sample is immediately obtained. Judges are on standby to sign the blood draw warrants.

In some jurisdictions that allow forced blood draws on DUI suspects, the officers do the blood draws themselves, rather than taking suspects to the hospital for blood draws by trained medical professionals. Although there has been at least one lawsuit filed because of this practice, it has become more common to allow officers without adequate medical training to draw blood from DUI suspects.

Scripps News reported an Arizona man filed a lawsuit after allegedly developing a persistent infection at the site of a blood draw performed by a Pima County sheriff’s deputy. Under Arizona DUI laws, suspects must submit to blood alcohol content testing or lose their driver’s license for one year. The officer makes the choice whether to take a breath or blood sample and the driver has no choice.

As DUI lawyers can more easily challenge breath test results, law enforcement departments have become more aggressive with no refusal events and policies. Blood alcohol testing done with a blood sample is far more reliable and not as easily refuted in court.

However, when the arresting officers take forced blood samples at the roadside, there is a greater risk to the health of DUI [http://www.totaldui.com/overview/default.aspx] suspects. As no refusal policies become more common, more personal injury lawsuits are likely. Regardless of the disposition of a DUI case, if a suspect is injured or becomes ill due to a forced blood draw; taxpayers may wind up footing the bill for medical expenses and punitive damages.

I believe in protecting people’s rights. This includes the rights of anyone accused of a crime, even DUI [http://www.totaldui.com] and DWI. The DUI laws in every state are complex and nuanced. Knowing your rights and the laws will help you make better decisions – decisions that could have a big impact on the rest of your life.

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The penalties for DUI cases differ from state to state. In the state of Arizona, the penalties that might be sentenced on you largely depend on two things – the type of DUI charged to you and your current criminal record. If you have previous DUI offenses within the past 7 years or 84 months, this can affect the gravity of your sentence.

If you have a clean felony record, the following punishments will apply to you. For first time DUI offenders with a BAC above .08%, you will be sentenced to a jail time ranging from 10 to 180 days. Out of the 10 days of your jail time, 9 of them can be used for alcohol consultation, evaluation, and treatment. You will also need to pay a fine of $1800, excluding jail costs. Your driver’s license will be suspended for 90 days and you might be put under probation for five years. Community service might also be imposed, plus you will be required to have an ignition interlock device for 12 months.

For second time offenders of regular DUI, the penalties are basically are a little higher. The minimum time you are to spend in jail is 90 consecutive days. However, the court may suspend 60 days if you complete the alcohol consultation, evaluation, and treatment. You fine will also increase to $3500 plus additional jail costs. Your license is in danger of revocation for one year, plus you will be under probation for five years. Community service is mandatory for a minimum of 30 hours, and you will also be required to have an ignition interlock device for 12 months after your license has been returned.

If you commit your first extreme DUI offense with a BAC of .150% to .199%, you will spend 30 to 180 days in jail and $3000 in fines and fees, excluding the jail costs. Just like the first regular DUI offense, your license will be suspended for 90 days, you will be put under probation for five years, and you will be required to have an ignition interlock device. For your second extreme DUI offense, the penalty is generally the same except that you will spend a minimum of 120 days in jail, pay a fine of $3750, and surrender your license for a year. A minimum of 30 hours of community service is also required.

You will be charged with an extreme case of DUI if you have a BAC of .200% or higher. In your fist offense, you will spend 45-180 days in jail, but it will become a flat 180 days in your second offense. The fine for the first offense is $3250, while a minimum of $4000 will be charged for a second offense. Other penalties are the same as the first and second DUI offenses.

If you commit a DUI offense for the third time or while your license is suspended, you will be charged with a class 4 felony, in which you will need a Phoenix DUI attorney to help you. The punishment involves 4 months in prison and up to $150,000 in fines and fees. Your license will also be revoked for three years. If you are driving with a child under 15 years of age, you may be charged with a class 6 felony, which involves longer jail time and confiscation of vehicle. The fines can also amount up to $150,000, plus your license will be revoked for three years. An Arizona DUI attorney could come in handy during these trying times.

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Driving Under the Influence (DUI) Checkpoints have a checkered past in the United States. Some states outlaw them completely, others have statutory limitations, and others have statutes which are relatively mute on the subject. Arizona is one of the latter states, where checkpoints have few limitations and are a reality of life in our fair state.

In Arizona a DUI checkpoint is essentially a roadblock. The roadway will be blocked off with police cruisers and a thin line each way will be allowed to pass through. Cars are stopped based on a mathematical formula, rather than appearance of the driver or car. Once a car is selected, they will be asked for their license and registration. If the driver appears nervous, is fumbling, or smells like alcohol or drugs, they may be asked to go to a secondary inspection station. More on that later.

The most important thing to remember, for both driver and passengers, is to remain calm. It is a good idea to have your license and registration easily accessible, so your nerves do not make you out to look like a drunk driver. Just a little adrenaline can make pulling your wallet out of your back pocket and your license out of the plastic screen to be a difficult endeavor. All passengers should remain quiet, and should not volunteer any information. Of course, open containers should always be avoided, and if found during a DUI checkpoint will immediately flag suspicion in the officer.

The officers will be looking for slurred speech, glassy eyes, the smell of drugs or alcohol, fumbling, or other drunken behaviors. Generally, a driver who quickly presents his license and registration with no smells or strange behaviors will have a brief encounter with Arizona’s police force.

Should the police instruct you to head to a secondary inspection station, you should calmly place the car into gear and drive (carefully!) to the area (it may be tented). From this point you are effectively under the same rules as a DUI stop. You will be asked how many drinks you have had, and several other questions to ascertain whether or not you are “under the influence.”

Should you be arrested for DUI in Arizona, do not give up all hope. Cooperate with the police, but do not volunteer information which may incriminate you. Remember your fifth amendment rights, and stick to them. Once you are released from custody, contact an Arizona DUI lawyer for a consultation on your rights and whether or not they can represent you.

Good Luck!

Cias

Cias Hart is a lifelong resident of Arizona. He is currently employed as a writer, and lives in Phoenix with his fianc�e and two American Staffordshire Terrier puppies.

If you’ve been arrested for a DUI in Arizona, you should immediately contact a DUI lawyer. Do not go it alone or attempt to challenge a DUI arrest on your own; the court system will put well trained prosecutors against you to try to levy the maximum fines. Click one of the links provided to get into contact with an experienced Arizona DUI attorney.

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If you have been pulled over and arrested in Phoenix, Arizona for drunk driving, what do you do? The first and the most important thing that you need to do is for you to get in touch with a lawyer familiar with handling DUI cases. He or she ahs to be someone who has handled cases before that specifically touched on Arizona rules when it comes to DUI. This is because, each state has their own ways of handling and penalizing DUI cases.

When it comes to DUI, you are actually allowed to take a shot at defending yourself in court. However, taking a lawyer’s service for your DUI case will help you in a lot of way. They deal with these cases and DUI charges on a daily basis so they are already familiar with how to go about defending DUI offenders. They can provide guidance on the matters concerning the case and help you go through it in a breeze.

When facing a Phoenix or Arizona DUI case, expect that you will have to undergo a number of mandatory tests such as blood test, urine test, and breath test. These are the different ways by which they can measure how much alcohol content is in your blood. These are crucial steps in proving that you are not guilty of the charges filed against you. So in effect, your refusal to comply could be taken as admission of guilt on your part. Your DUI lawyer’s role extends to providing you with more details about these tests, its implications, as well as options that you might have. From this they can give you sound advice that will be beneficial to the progress of your case.

Aside from the various tests that you would need to take, you would also have to face several paper works. It is crucial that you do this in accordance with the law and comply with the deadlines in place. Your lawyer should be able to assist on this and can help ensure that all paper works are submitted on time. Keep in mind that you can get penalized for a mere delay in submission of documents.

There are various forms of punishment for a DUI case, which greatly depends on the findings. But by using the services of a good lawyer, you might be able to successfully come through this ordeal. Finding an excellent lawyer in Phoenix, Arizona who can assist you with your Arizona DUI case is in fact the most important thing you have to do. Plus it is not going to be a difficult undertaking. It is just easy to locate a highly qualified and experienced DUI lawyer to help you fix your case.

In conclusion, hiring the service of a DUI lawyer for your Phoenix DUI case is going to work to your advantage. If in any case that your driver’s licence has been suspended already, your lawyer could help you retrieve it so you can drive again. More importantly, as your lawyer help you sort out your Arizona DUI case, you can stay on living your life as usual.

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Did you know that driving under the influence (DUI) is the leading cause of traffic-related deaths and accidents in the U.S.? To know more about DUI and the penalties associated with it, read the article below.

What is driving under the influence (DUI)?

It is when individuals get arrested for driving under the influence of alcohol or under the influence of drugs. Individuals guilty of DUI have blood alcohol content (BAC) of more than .08. Moreover, it is one of the common reasons why people get jailed and spend the night in jail.

Depending on the state or jurisdiction where you belong, DUI comes in variety of names like driving while intoxicated (DWI), operating a motor while intoxicated (OWI), driving while impaired (DWI) or operating a motor vehicle while intoxicated (OMVI).

DUI not only includes alcohol but any intoxicant like narcotics drug or any other drugs which affect our central nervous system.

According to the National Highway Traffic Safety Administration (NHTSA), about 17,000 individuals died of alcohol-related crashes in 2006 and about 10.2 individuals aged 12 years old and above drive while they are under the influence of illicit drugs.

Statistics show that about 40% Americans got themselves involved in alcohol-related motor vehicle crashes during their lifetime, while more than 50% of drivers got arrested for drunk driving.

Did you know that every two minutes, someone got himself injured because of alcohol related accident? Moreover, these accidents and injuries are not only restricted to the lives of drivers and pedestrians but it leads to about 73 billion dollars worth of losses. In 2008 alone, about one-third of drivers got themselves involved in alcohol-related crashes due to drinking and driving.

Because of the rising DUI cases in different states in the U.S. the government has imposed strict tolerance on DUI cases. Even though penalties vary from state to state, there are some common penalties which are universal.

Penalties and associated costs of DUI conviction:

1. For first time conviction, those found guilty of DUI are imprisoned from 24 hours to 11 months and 29 days, penalized from $350 to $1,500 and their drivers’ licenses are revoked for one year.
2. For second time conviction, those found guilty of DUI are imprisoned from 45 days to 11 months and 29 days, penalized from and revocation of drivers’ licenses for two years.
3. For the third conviction, those found guilty are imprisoned from 120 days to 11 months and 29 days, penalized from $1,100 to $10,000 and their drivers’ licenses are revoked for three to 10 years.
4. For fourth conviction, those found guilty are imprisoned for not less than 150 consecutive days, penalized from $3,000 to $15,000 and their drivers’ licenses are revoked for five years.

Other consequences of DUI conviction:

�

• Fines
• Court costs
• Towing of vehicles and payment of storage fees
• Bail
• Professional fees of lawyers
• Mandatory enrollment to alcohol education program
• Driver’s license reinstatement fees
• Higher cost of insurance premiums and SR-22 form
• Payment of ignition interlock program

With the detrimental impact of DUI conviction to your life and your future, it is best that you should avoid drinking if you are driving or you should not drive if you drink.

Camelia Johnston enjoys writing for Drunkdrivinginmichigan.com which offers information on Michigan DUI attorney and Royal Oak DUI attorney as well as a host of additional services.

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There are many different types of lawyers, many of whom are specialized in a certain area of work. The majority of the time having a specialized attorney for a your specific charge is extremely important. In such cases one needs to know a lot more than the general knowledge of law having a specific lawyer that knows exactly how to handle the charge could be a life saver. The dui law, in Arizona is different than the DUI law in Colorado. Therefore a DUI attorney is highly important if you are being charged in the state of Arizona. This article will explore the advantages of having a specialized DUI attorney, over having a common attorney.

After being charged with a DUI the first step to resolve the conflict is to create a DUI defense. So in order to do so, you must find an DUI attorney, which will then explain to you the DUI law. This is especially important for you to understand the DUI law yourself and not only your lawyer. Having an DUI attorney therefore is an advantage because he or she may very easily explain to you what the steps to the legal process are and how you should counter attack your charge.

By understanding and knowing about DUI law and having found an DUI attorney, the next step is if necessary attend your scheduled court date. Now in contrast to popular belief, a DUI charge MAY be acquitted due to invalid procedure. What does this mean? Well during the field sobriety test which was done when the officer pulled you over, may have been done incorrectly. This results in the whole charge being thrown out and having all charges brought open the defense dismissed.

Because of this percentage of high cases which have had improper or invalid procedure while conducting routine field sobriety tests, has cause many cases to be thrown out, there has been an incremental need to find a talented DUI attorney which will represent you to the fullest. Nevertheless, there is always hope in order to have your DUI charge dismissed, if you learn about DUI law, and find an DUI attorney.

Richard Wahlberg is Law graduate who is constantly finding the most accurate information on DUI defense. To find free guides and information on dui defense, and finding a proper DUI attorney, visit http://www.duiphoenixarizona.com

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If you are arrested and being charged with DUI offense, there are a few potential consequences which you might end up with at the end of the day – huge fines, suspended driving license, imprisonment, or in some cases, a combinations of the above stated. DUI conviction may ruin one’s life by having sentenced to jail for couples of years, crippling one’s career path for not many companies out there are willing to employ ex-convict, lose of close friends and family members, restricting one’s ability to drive and lose of self-esteem in the long run.

Considering all the potential DUI penalties and punishments which you might face, DUI offenses can be very traumatic and distressing, and it is way too costly a price for anyone of us to be charged with. A critical DUI charge may cost you, your entire life therefore please avoid driving if you are drinking, to avoid any DUI offenses in the first place.

Should anyone needs to face the DUI charges in reality, the first thing will be to urgently search for an experienced and skillful DUI lawyer in the state where you have been arrested with DUI offense. Make sure that the attorney is well verse with the DUI law in that specific state This is crucial as different states have their own sets of DUI law to be adhered to. Hiring a DUI attorney for your drunk -driving case does not imply that you will be freed from the charges completely, but it is the best approach for anyone who wished to plea bargain for a less severe penalty and a shorter jail sentence from the court, and it is also the only opportunity for one to challenge for the DUI arrest.

Here are some key advices which the experienced DUI attorney would recommend to you in facing with DUI charges -

a. You need to understand and be well aware of your rights to remain silent during the entire DUI caption incident. You should answer those questions asked or to provide your statement to the police only when your appointed DUI lawyer is there with you. This is to avoid what you have said or shared to be used against you instead in the court later.

b. If you are stopped by any police officer with the suspicion of a potential DUI, you will have to cooperate with them. Any potential arguements will only bring negative influence to your prosecution later on. Then make an effort to schedule for an appointment for your DUI court hearing within the next 10 days after the arrest.

c. During the caption, as your driving license will be confiscated, the police officer will issue you a temporary paper license which will be valid for the next 30 days only. As of how long will your license be revoked will be depending on the severity of your offense and also if you are a first-time DUI convict or otherwise.

d. In some states, there is a policy which requires any potential DUI convict to go through another session of hearing by the DUI juries before you are allowed to get your license back, while in some states, it is compulsory for the convicts to attend the DUI refresher classes which have been arranged by the DUI legal councils.

In summary, being arrested for DUI implies more serious implications than you would ever imagined of as it may ruin your family and entire future if you are convicted with a serious DUI offense such as fatal death or serious injury of a third party. Therefore, the best thing that you can do for yourself is to avoid this problem from the very beginning. If you have been drinking, or under any specific drugs, don’t get yourself behind those wheels at all!

To find a DUI lawyer to represent your drunk driving legal case, visit http://Ga-DUI-Attorney.com/.

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Thanks to Arizona’s new drunk driving laws, even first time offenders could land themselves in prison. Effective October 2007, the state’s driving under the influence (DUI) laws are recognized as the harshest in the nation.

Although Governor Janet Napolitano signed the bill into law after it was approved overwhelmingly in the House and Senate. However, it was met with some resistance. Opponents felt it unfairly penalized those who were otherwise responsible citizens.

One of the most significant changes is the mandatory 45 day jail sentence for first timers that are found to have a blood alcohol level of twice the legal limit or higher. The current limit is .08%. The new laws classify them as “super extreme” offenders when chemical tests reveal a blood alcohol concentration, or BAC, of .20% or more. Incidentally, refusing to submit to the test, whether convicted or not, results in an automatic one year license suspension.

As tough as that seems, jail time is only the beginning. The newly convicted “super extreme” drunk drivers will be required to install an ignition interlock device in their vehicle. At one time, only repeat offenders were required to have it installed.

According to the Arizona Department of Transportation, this mandatory piece of equipment is designed to connect a breath analyzer to a motor vehicle’s ignition system.

The ignition interlock system, referred to as an IID, will only allow the vehicle to start if the monitor shows the blood alcohol concentration to be below a predetermined and preset level. The ignition is simply disabled if the reading exceeds the specified number.

The IID must be installed and in use for a minimum of twelve months after the DUI conviction and judges have no authority to waive or reduce that period of time. They can, however, order additional time for the device to remain in use.

Because the penalties are so stiff, Arizona attorneys are gearing up to defend more first time offenders in court. Prior to last year, clients didn’t necessarily face jail time, especially for a first offense. They were usually told to expect warnings, fines and probation, or what amounted to little more than a slap on the wrist. Now they expect many will want to present a challenge rather than automatically plead guilty or no contest.

The new law is also written to expedite the whole DUI process for law enforcement. It allows the Motor Vehicle Department to examine their own records for previous DUI offenses. Rather than waiting for the courts to send them, they can now effectively cut through the red tape and reduce turnaround time.

It’s a sobering thought for many Arizona residents and rightfully so. In 2006, there were 315 lives lost and over 59,000 injuries as a result of alcohol related crashes. The economic loss is estimated at upwards of $547 million. Those statistics and the new laws should make anyone think twice before driving and drinking.

Source:

http://www.azdot.gov

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You are about to read the section in which you will get significant facts to realize and think through. We will be talking more on drunken driving cases or the so-called DUI or driving under the influence. Alcohol DUI is, in fact, the main cause why a number of accident cases have become gruesome. Moreover, alcohol DUI often leads to severe injuries and even death. Drivers must be aware of the alarming facts about DUI cases.

Alcoholism has turned out to be a major social problem nowadays. You just have to know that alcohol beverages are suppressants that sedate nervous system suppressive. Alcohol consumption is a factor that affects the state of mind of a person and ghastly affects the ability of the person to drive. He can drive but to the extent, that he or she cannot control it the normal way. Therefore, there will be a tendency that an accident can happen.

A rule in every state enforces a legal limit against a Blood Alcohol Content of 0.08% or higher. Blood Alcohol Content (BAC) and Blood Alcohol Level (BAL) are measured. BAC and BAL measure the amount of alcohol in a person’s blood. A BAC of 0.1 means that 1/1000 of the fluid in the blood is alcohol.

Rule concerning BAC and BAL vary from one state to another. It is illegal to drive your motor vehicle when your BAC is 0.1 or higher. In most states, the legal limit for BAC is 0.05 and in some states, the legal limit is 0.08.

The effect of excessive alcohol in your body is obvious enough to alter the way you walk or the coordination as well as your mind. Your vision will be sluggish, as well as your hearing, reaction time, speed, distance and movement will be seriously impaired and compromised.

The rule regarding the age limit to drive legally is 21. It is recognize as the legal drinking age. Alcohol-related traffic crashes and accidents kill more minors or the young people between 16 to 24 years of age than any other single cause. It is illegal and a serious crime for anyone under the age of 21 to drink alcohol and drive. Anyone below 21 years old found driving with a blood alcohol level of 0.01 percent or higher will spontaneously lose their driving privilege for one year. In cases like, minors found driving with alcohol in their body and no driver’s license yet, will prohibit them from applying for a driver’s license for one year.

Court of law oftentimes inflicts alcohol DUI education to offenders as a means to help get their lives back on track. You can prevent suspension of driver’s license by attending alcohol DUI programs and it could help reduce your penalties. Attending alcohol DUI education courses is not just a great way to lessen a DUI charge conviction but it also often brings a long-term solution to one’s alcohol problem.

http://alcoholdui.org/

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