Types of DUI and DWI Cases

By Frank Schumacher –

Being charged with a DUI case in the state of Arizona is not very simple. In fact, the DUI penalty that may be charged to you varies depending on the severity of your case. But before you deal with your DUI case, you have to be informed of your rights first by hiring an experienced attorney and letting him help you throughout the process.

Your attorney will also help you determine what type of DUI or DWI case you are facing. The most minor case is the first DUI offense, in which the offender possesses slightly impaired faculties and a blood alcohol content of .08 or more. The penalty for this type of offense is a minimum of 10 days in jail. However, 9 days can be suspended if the offender subjects himself to an alcohol treatment and evaluation program. Aside from jail time, the offender will also have to pay around $1500 fine, plus his license can also be suspended for 90 days. Probation can also be ordered by the court, and this can last up to five years.

Once you commit your second regular DUI offense within 84 months of your first DUI offense, your jail time will increase up to 90 days, 60 days of which can be suspended if you subject yourself to an alcohol treatment and evaluation program. The fines and fees that you will have to pay will go up to $3400, excluding your jail costs. Your license can be confiscated for a year, plus you will also be sentenced with community service for at least 30 hours. You will also be under probation for five years.

If you are driving with a blood alcohol content or BAC of 0.15 or more, you will be punished based on the guidelines for extreme DUI cases. In the first conviction, you will be sentenced to 30 days in jail, fines and fees amounting up to $2700, driver’s license suspension for 90 days, and probation for five years. For your second extreme DUI offense, you will spend 120 days in jail, $3700 fines and fees including jail costs, license revocation for one year, probation for five years, and a minimum of 30 hours of community service.

Having a .200 or more BAC while driving will result to a super extreme case of DUI. You will be sentenced to a minimum of 45 days in jail, plus $3200 total of fees and fines without the jail costs. Your license will also be revoked for a year, and you will be under probation for five years. If you commit the same mistake for the second time, you will spend 180 days behind bars, with fees totaling up to $4500, again without the jail costs. Your license will be revoked for one year, you will be under probation for five years, and you have to render community service for a minimum of 30 hours.

A felony DUI can be committed by either having a child under 15 inside your vehicle or driving while your license is canceled, suspended, or revoked. Having three or more Phoenix DUI cases within 84 months also qualifies you for a felony DUI. In case of a felony DUI, remember that you may be able to lighten your Arizona DUI case by hiring a competent lawyer to defend you.

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DUI Charges in Arizona

By Andrew Sarski –

Anyone charged with DUI in Arizona faces a serious legal situation. Much like any crime, there are different degrees of severity involved depending on the particulars of the defendant’s situation, but if you face any sort of DUI-related charge, you must act now to begin to build a defense.

Below is a brief overview of the different levels of severity involved with the crime of DUI in Arizona, and if you must defend yourself against any of that appear below, contact an experienced DUI defense attorney to schedule an initial consultation.

Misdemeanors

Any misdemeanor can carry a jail term of up to one year if the defendant is convicted, but in DUI cases, the sentences are not generally this long. Below is a breakdown of the DUI charges that are classified as misdemeanors along with the potential jail terms attached:

First-time DUI – Range of 10 to 180 days in jail. Minimum of 10 consecutive days in jail. The court may suspend 9 of the 10 days if you agree to get an alcohol and/or drug evaluation, and submit to treatment.

Second-time DUI – 90 to 180 days in jail. Minimum of 90 consecutive days in jail. The court may suspend 60 of the 90 days in jail if you successfully complete all recommended treatment and counseling.

Fist-time Extreme DUI (BAC of .15 or more) – 30 to 180 days in jail. Minimum of 30 consecutive days in jail. The Court may suspend 20 of the 30 days if you successfully complete all recommended counseling and education.

Second-time Extreme DUI – 120 to 180 days in jail. Minimum of 120 consecutive days in jail. The Court may suspend 60 of the 120 days if you agree to get an alcohol and/or drug evaluation, and submit to treatment.

First-time Super Extreme DUI (BAC of .20 or more) – 45 to 180 days in jail. Minimum of 45 consecutive days in jail, with no option for suspended sentence.

Second-time Super Extreme DUI – 180-day mandatory sentence, of which at least 90 days must be served consecutively, and there is no option for a suspended sentence.

Felonies

Obviously, felonies are more serious charges than misdemeanors, and these convictions carry much stiffer terms of incarceration if the defendant is convicted. Below are the DUI-related charges that are classified as felonies:

Class 4 Felony Aggravated DUI – This refers to a 3rd DUI within 7 years or a DUI while the defendant’s driver’s license is suspended or restricted. A conviction on this charge carries a minimum of four months in prison before any eligibility for probation, pardon, commutation or suspension of the sentence arises.

Class 6 Felony Aggravated DUI – This charge refers to a DUI with a child under 15 years of age in the vehicle. Anyone convicted of this charge will serve a minimum of the sentences for the misdemeanor DUI’s in the statutes.

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If you are facing any Arizona DUI charges, you could be facing time in jail or prison. In order to put your best defense forward, contact the DUI defense lawyers at the law firm of Phillips & Associates today to schedule an initial consultation.

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Arizona DUI Arrests

By Alison Cole –

“Driving Under the Influence” or drunk driving is a punishable offense. The driver is arrested by police officers and taken into custody. It is not necessary to handcuff or restrict the physical movements of the suspect. An arrest can be executed by merely informing the suspect of the process.

The police officer makes the decision to arrest the suspect based on certain facts and evidence indicating the individual’s involvement in the crime. The DUI arrests in Arizona can be affected based on two identified causes: an impaired driving ability as a result of intoxication due to the consumption of alcohol or drugs, or a blood alcohol level of 0.08% or more. Charges are serious if the blood alcohol level is detected to be more than 0.15%. If the driving ability is found to be impaired due to the influence of a drug, it results in conviction irrespective of the fact that it is a legally recommended medication.

In Arizona, DUI arrests are considered a misdemeanor if a person is accused two or more times in the span of five years prior to the current offence. However, a far more serious note is taken if the offence is during the suspension or cancellation of the driving rights or if a child below the age of fifteen is in the car. Punishments depend on the seriousness of charges and the defendant’s criminal record. The amount payable as a fine depends on the number of crimes recorded against the individual and the percentage of alcohol detected in the person. In the first instance of DUI (below or above 0.15% BAL), a fine of $250.00 is imposed and subsequently (when BAL is above 0.15%), it is increased to $500.00. A third-time offense within five years fetches $1,000 to $10,000 as fine.

There are ways to decrease the charges; however the best way to avoid them is to simply not mix drinks with driving.

” [http://www.WetPluto.com/Arizona-DUI-Arrests.html]Arizona DUI Lawyers provides detailed information on Arizona DUI Lawyers, Arizona DUI Arrests, Arizona DUI Penalties, Arizona DUI Records and more. Arizona DUI Lawyers is affiliated with Arizona DUI Defense.

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Sturgis Rally Sees Rise in Arrests for DUI in South Dakota

The South Dakota Highway Patrol has announced that the number of overall arrests for driving under the influence was up at this year’s Sturgis Motorcycle Rally. Through Saturday there were 316 SD DUI arrests, compared to 253 in 2008. The rally, held in the Black Hills, ended Friday though the official window for DUI statistics runs longer because many bikers arrive early and stay through the weekend.

There were 72 accidents involving injury, compared to 60 last year. While drunk driving in South Dakota arrests were up this year, the number of drug arrests dropped from 232 to 199.

Are you trying to find a SD DUI lawyer?

Delaware Strengthens DUI Laws

Effective today, those stopped for suspicion of driving under the influence in Delaware will be facing twice the fines, and repeat offenders could be sentenced to jail for up to 15 years.

Gov. Jack Markell signed into law legislation calling for an increase in fines for first offense DE DUI from $230 to $500, with repeat offenders subject to $15,000 fines. The potential jail sentence for repeat offenders was tripled, to a maximum of 15 years. With a blood alcohol content of .15% or higher both first time and repeat offenders will have their driver’s licenses suspended for six months and be required to install an ignition interlock device in their vehicles.

On average, 7000 arrests for DUI in Delaware are made each year. 30 percent are repeat offenders.

The sponsor of the law hopes that the new penalties help stop drunk driving in Delaware by making it easier to incarcerate repeat offenders and keep them off the road. It was also hoped that future legislation will make ignition interlock devices mandatory for everyone convicted of Delaware DUI.

Do you need to hire a DE DUI lawyer?

Kansas Cuts DUI Program Funds

The funds used to treat repeat offenders for driving under the influence in Kansas have been cut by 70% by state legislators. Last the past fiscal year the state spent approximately $1.2 million to treat drivers convicted of their fourth KS DUI. The funds have been slashed to $416,000, according to the director of addiction and prevention services for the Kansas Department of Social and Rehabilitation Services.

Because the number of people requiring treatment will likely not change, there will probably be a reduction in the treatment period from twelve months to three. Professionals working with addiction say that the length of engagement is critical for effectiveness, and that a shortening of the programs could cause a rise in recidivism.

The decision to cut the funds comes after the passage of a new law requiring those with a third DUI conviction, rather than the fourth, to enter an alcohol treatment program. That is expected to add as many as 200 people to the rolls of those under treatment. Participants in the program may be required to pay some of the expenses. State lawmakers and officials hope local resources can fill in the gaps.

Treatment professionals, corrections officials and a few lawmakers hope that public safety concerns will help resurrect the funds and thus the DUI treatment programs. The issue could become one of the focuses of a new Kansas DUI commission established to review the state’s drunk driving laws.

Are you searching for a KS DUI attorney?

Texting More Dangerous Than DUI

DUI StatisticsA study conducted by ‘Car and Driver’ shows that texting while driving is significantly more dangerous than driving under the influence of alcohol drugs. Drivers texting messages are 3-4 times slower than drunk drivers to apply brakes to avoid a collision.

Previous studies conducted in vehicle simulators have shown that texting impairs a driver’s skills. Car and Driver decided to conduct a study in actual vehicles and directly compare reaction times of those texting with those under the influence of alcohol. Using an airfield taxiway, drivers were required to react to a light mounted at eye-level on the windshield, simulating brake lights of an advance vehicle. Vehicle speed, brake pedal position and steering angle were all monitored, and baselines for the test were established. Data was collected as drivers responded to the dash light five times, with the slowest reaction time being dropped. First the drivers performed the test while texting. They then consumed alcohol until their blood alcohol content registered .08%, the legal limit for intoxication in most states, and repeated the test without cell phones.

In one set of results, a driver’s response time while texting nearly tripled his baseline response. The extra reaction time while impaired was only .04 second more than his baseline. At 70 miles per hour, the subject’s vehicle traveled an additional 319 feet while texting, and 17 extra feet while impaired by alcohol.

One national insurance provider estimates that 20% of drivers regularly send text messages or emails while driving.

Have you recently been arrested for drunk driving?

Group Questions the Cost of DUI Checkpoints

The holidays are a time of year when law enforcement agencies increasingly target drunk drivers. In keeping with that effort, the federal government, along with Mothers Against Drunk Driving, launched a new anti-DUI campaign this week. During a joint news conference, it was stated that one in four fatal automobile accidents occur during the last two weeks of December and that DUI checkpoints were a way of changing that statistic.

The American Beverage Institute has questioned that tactic, saying there are much more effective tools for fighting incidents of driving under the influence. The spokesperson for ABI said that sobriety checkpoints, often paid for with tax dollars distributed through federal grants, are more of a public relations campaign than a truly effective mechanism to catch drunk drivers. The cost of setting up a checkpoint and paying police officers over-time pay can run many thousands of dollars. The ABI goes on to point out that usually checkpoint locations are highly publicized, meaning chronic abusers avoid the area and the police then target socially responsible drinkers who are driving with a blood alcohol content below the legal limit. The actual numbers of DUI arrests from sobriety checkpoints are generally very low. One recent news article from Florida cited 696 motorists being checked or

detained with only one DUI arrest. Many net no arrests.

ABI advocates the more responsible and less expensive approach of conducting roving saturation patrols. That tactic focuses equipment and manpower in high-DUI areas, and offers the flexibility to react to traffic and field conditions. The officers are trained to identify signs of potential impairment in motorists.

Many law enforcement agencies agree with the increased effectiveness of roving patrols, but still conduct sobriety checkpoints because of available federal funds.

Have you been arrested for drunk driving and need to hire a DWI Lawyer or DUI Attorney?

Drunk In Charge Of A Vehicle – Don’t Be Caught Out

By Richard M Jenkins

It is common knowledge that to drive on a UK road with excess alcohol in your system, more than 35 micrograms of alcohol per 100 milliliters of breath, in a criminal offense.

Anyone convicted of driving with excess alcohol in their system will be disqualified from driving for a minimum of 12 months. If the person has had a similar conviction within the last 10 years then the driving disqualification will be for a minimum of three years.

The total length of the ban will depend on several factors the most important being the amount of alcohol within the system. As the minimum disqualification is mandatory any hardship such as loss of employment due the ban will not be taken into account.

Certain “special reasons” however can be used to argue against a disqualification. For example maybe the driver in question has moved their vehicle only a short distance, from roadside to driveway or may have been dealing with a true emergency. Although technically this is enough to warrant prosecution it may be possible to argue “special reasons” not to disqualify. Such “special reasons” however can not guarantee a ruling against a ban. The law here is complex and each case can only be judged on a case to case basis.

It is not so widely known that a driver can also quite easily be prosecuted for being drunk in charge of a vehicle. The law states that anyone who is in charge of a vehicle on a road or other public place having consumed excess alcohol is guilty of this offense. This can lead to a discretionary ban, a fine or ten penalty points. You can be charged with this offense for simply having the keys to a vehicle whilst having excess alcohol in your system. This means if you sleep in a parked car whilst having consumed excess alcohol you can be charged. Even sitting in your car with excess alcohol in your system is enough to get you arrested. You only defense if you are arrested for this is to prove that there was no likelihood of you driving the vehicle whilst excess alcohol was still in your system.

These two offenses can be committed either on a road or other public place. This means any area the general public have access too. This could be pub car parks or shopping car parks. Even private roads have been held to be “other public places”.

For more driving advice see the http://www.driving-test-success.com driving test and driving schools website. A site for learner drivers providing guides on topics such as the http://www.driving-test-success.com/theory/theory_test.htm driving theory test and http://www.driving-test-success.com/passed/car_insurance.html cheap young drivers car insurance.

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Maricopa County Jail Lawsuit

The Phoenix New Times is reporting that a judge has ruled against Sheriff Joe Apraio in the latest suit about the treatment of his inmates in the county jails. (...)