The Roadside Stop and What It Means for Your Case

Most cases begin with a traffic stop for a small violation like speeding or a wide turn. The officer needs reasonable suspicion to stop you and further suspicion to expand the stop into a DUI investigation. Body camera footage and dispatch logs show the timeline and what the officer actually observed. Those details can decide whether the court will allow the breath or blood results into evidence.

Testing: Breath, Blood, and Field Sobriety

Breath machines must be calibrated on a strict schedule. If logs are missing or the machine was out of tolerance, results can be unreliable. Blood draws require a warrant or a valid exception and a chain of custody. If the draw was taken too late, stored improperly, or tested with poor lab practices, the defense can challenge the result. Field tests are subjective and often affected by fatigue, shoes, uneven pavement, and medical issues. A clear video record helps show what really happened.

Penalties for a First DUI

A first DUI conviction can carry jail time, fines and surcharges, alcohol classes, and a license suspension. The court can also require an ignition interlock device. The exact penalty depends on your alcohol level, whether there was a crash, and your driving history. Even when jail is required, there are often ways to reduce the time you serve through alternatives the court allows. The real cost often includes lost work time, higher insurance, and the long-term impact of a criminal record.

Defense Strategies That Make a Difference

Good defenses are built on facts. Common angles include challenging the basis for the stop, the extension of the stop, the accuracy of testing devices, the timing of the draw, and inconsistencies between reports and video. Medical conditions like reflux or diabetes can affect breath readings. Mouth alcohol from recent belching or dental work can also skew results. When the State’s proof weakens, prosecutors become more open to reductions, diversion, or agreements that protect your record.

What To Do After an Arrest

Write down everything that happened, including where you were stopped, what the officer said, the times on any paperwork, and whether roadside tests were recorded. Save receipts and text messages that help build a timeline. Do not post about the case online. Bring all documents to a consultation so your attorney can move quickly for body cam, dash cam, and lab records that can be lost if you wait.

Talk With a Phoenix DUI Defense Lawyer

Early action can change the outcome. If you were arrested for DUI, get answers before court deadlines pass. Contact the Law Office of James E. Novak at (480) 413-1499 to discuss your options and start a defense plan that protects your license and your future.

It is important to remember that others on the road may be driving dangerously due to drug or alcohol impairment.

Often people who have been drinking, lose track of how much they are drinking, and have not planned for an alternative ride home or arranged for a designated driver.

Other drinking mistakes include drinking spirituous liquor on an empty stomach, or drinking too fast, also known as binge drinking.

Binge drinking is one of the main causes of impaired driving. But engaging in this practice can also lead to alcohol poisoning, blackouts, unconsciousness, coma and even death.

However, The National Highway Traffic and Safety Administration (NHTSA) reminds drivers that even one drink of can impair judgement and slow down a reaction time.

The National Institute on Alcohol Abuse and Alcoholism (NIAAA) defines binge drinking as drinking 4 or 5 drinks within a short period of time, such as an hour.

An impaired driver’s passengers, other drivers and their passengers, bicyclists, pedestrians, and their loved ones are also at risk.

They have something dangerously in common with the impaired driver. They too may be impacted by a drunk or drug impaired driver in an auto crash. Family members can be dramatically impacted by a loved one’s DUI arrest, or alcohol related crash.

According to the 2015 State of Arizona Highway Safety Annual Report, auto crashes involving at least one drug or alcohol impaired driver, was the leading cause of fatal accidents.

The Arizona Governor’s Office of Highway Safety (GOHS) reported that DUI arrests increased sharply and steadily by 456% percent over the last 5 years.

Arizona law enforcement officials emphasize that impaired driving increases the likelihood of vehicle crashes resulting in serious injuries and fatalities.

The most recent annual safety report from the Arizona GOHS indicated that DUI arrests from the Thanksgiving to the New Year holidays were 4,271.

The good news is that this number was slightly lower than the preceding 5 year average of 4,512.

Better yet, during the preceding 3 year reporting period for year-end holidays, the number of DUIs decreased by nearly 32 percent.

The Governor’s Office credits the decrease in DUI arrests, on intense, high visibility DUI enforcement and prevention efforts, which some view as the most rigorous in the country.

Consistent with this, the Arizona Governor’s Office announced it’s plans to organize a comprehensive statewide DUI enforcement and prevention campaign for the 2016 year-end holidays, and New Year’s holiday 2017.

If you plan to drive, ride, walk or bike on Arizona roadways or highways, here are five things you should know:

1) Arizona DUI Laws are the Most Stringent in the Nation

If you plan to drive anywhere in the state, it is important to be aware that Arizona has harsh alcohol and drug DUI laws.

In Arizona, you do not need to have a blood alcohol level over .08% to be charged with a DUI, under A.R.S. 28-1381.

If you are driving impaired due to drugs or alcohol, while in physical control of your vehicle, you can still be arrested for DUI.

The state includes boats, ATVs, and other motorized vehicles designed to transport people, as meeting the statutory definition of vehicle.

The phrase, “actual physical control” means you don’t have to be driving. In some cases, you do not even have to be behind the steering wheel of the car, to get a DUI.

Here are just a few examples:

• You have your keys in hand, and your are walking toward your vehicle to leave a nightclub; or
• You pulled over to the side of the road, and fell asleep in your vehicle.

The courts will look at the totality of the circumstances to determine if a person was in actual physical control of their vehicle.

Arizona has Extreme DUI laws and Super Extreme DUI laws.

Under A.R.S. 28-1381 (A), (1), a driver may be in violation of Extreme DUI if their Blood Alcohol Content (BAC) is 0.15 percent or greater.

Under A.R.S. 28-1381 (A), (1), a driver may be found guilty of a Super Extreme DUI, if their BAC is 0.20 percent or greater.

The penalties for DUI are more severe for higher BAC levels surrounding a DUI conviction.

If a person is found to be driving impaired due to drugs, with or without alcohol, they may still be found guilty of a DUI, in violation of A.R.S. 28-1381 (A), (3).

This is the case even if they possess qualified medical marijuana cards issued in Arizona or any other state.

Some states that have legalized Marijuana in some fashion, allow driving with a minimum amount of Marijuana, which is determined by that state. For example one state that has legalized recreational Marijuana allows persons to drive with a maximum of 5 nanograms (ng/ml). Another state allows for 2 ng/ml.

But Arizona does not have any statutory allowable limit for drivers with medical marijuana cards. Instead, any violation depends on whether or not the driver was impaired due to marijuana or its active ingredient Tetrahydrocannabinol (THC).

In Arizona any amount of Marijuana or other substances that is determined to have caused driver impairment may result in an impaired driving conviction.

2. Arizona Impaired Driving Penalties are the Toughest in the Nation

Any misdemeanor drug or alcohol DUI conviction calls for jail terms that range from 10 days to 180 days depending on the BAC level and whether or not it is a first or repeat offense.

Other penalties for misdemeanor DUI convictions include suspension or revocation of driver’s license; use of Ignition Interlock Devices (IIDs) with time frames from 6 months to two years; alcohol or substance counseling or treatment; fines fees and assessments that range from $1,250.00 to $3,750.00; and probation.

Arizona is even tougher on repeat offenses. This is reflected in the penalties, which are more severe than first time convictions.

Drivers found guilty of a third DUI within 7 years may be found guilty of Arizona’s Aggravated DUI laws. These charges are brought as felonies, which expose a person to prison sentencing of 4 to 8 months in prison; fines, assessments and fees of $4,000.00; revocation of driving privileges for a year; use of an IID for two years; mandatory alcohol or substance abuse counseling, and a felony criminal record.

A misdemeanor DUI is also elevated to a felony if they are in violation of DUI laws while driving on a suspended, invalid driver’s license. A conviction calls for prison terms of 4 months along with other felony sentencing.

Further it is a felony if a person found guilty of impaired driving while a person under the age of 15 is a passenger in the vehicle. If convicted, they will be exposed to prison terms that range from 10 to 30 days in addition to other felony penalties.

Arizona has an implied consent law, A.R.S. 28-1381. Under this law, it is implied that by obtaining an Arizona driver’s license, you’ve agreed to submit to chemical tests and field sobriety tests if you’re pulled over for a suspected DUI.

Drivers who refuse a law enforcement officer’s request for chemical testing can have their licenses administratively suspended. The administrative license suspension will be separate from any criminal charges that are brought.

3. Ten Tips to Help You Avoid an Impaired Driving or Drinking Disaster

You’ve heard it before, and it’s true–There is no better way to avoid an impaired driving mistake, than to plan ahead.

This applies whether you will be drinking or not. It is prudent to keep in mind that even if you don’t plan on drinking and driving, you are not immune from an alcohol related disaster, especially if you engage in dangerous drinking behaviors such as binge drinking.

If you plan to be on the road as a pedestrian, cyclist, or other vehicle, there is still a risk that you will encounter a driver who is impaired due to alcohol or drugs.

Below are eight tips provided in combination by NHTSA and the National Centers for Disease Control and Prevention (CDC), to help people avoid impaired driving mistakes or becoming the victim of a DUI motor vehicle crash:

• Plan ahead for an alternative ride home if you plan to drink;
• Drink in moderation, and refrain from binge drinking;
• Eat before or while you are drinking;
• Give up your keys to a friend and arrange for an alternative ride home;
• Never get in a vehicle as a passenger with an alcohol or drug impaired driver;
• Offer to drive someone home, or arrange for them to have a safe ride home if it appears they are drinking too much;
• Never leave a person alone unconscious or assume they will “sleep it off”, seek medical help immediately;
• If you decide to walk home, ask a friend who has not been drinking to walk home with you to avoid dangers of walking out in front of a vehicle;
• If you plan to host a gathering where alcohol will served, make sure you offer non-alcoholic alternatives;
• Make sure your guests have a safe ride home if they have been drinking;
• If you see a person on the road driving dangerously, and suspect they are driving impaired, contact law enforcement officials.

4. Seven Things You Should do after a DUI Mistake

As a defendant, the first 24 hours after your arrest for an impaired driving offense is crucial for purposes of building and preserving your defense case.

Time has a way of clouding our memory of details that you may not realize will later be important to your case.

In addition, you want take every precaution to avoid self-incrimination, or jeopardizing your defense case.

There are things you can do that will dramatically help you in the defense process, and thereby increase your chances of overcoming your charges:

• Call or contact a private practice criminal defense attorney to discuss your matter and defense options confidentially.
• If police contact you asking you to discuss the details of your case, let them know you have retained legal representation, and you have been instructed not to speak with anyone, including law enforcement about the details of your matter without your attorney present.
• Get plenty of rest, and refrain from discussing your case with friends.
• Refrain from posting or discussion anything about the incident on social media to avoid self-incrimination.
• If you have been involved in a vehicle accident, call your auto insurance company about the claim.
• Take photos of the location where you were stopped to include the landscaping and road where any roadside field sobriety tests may have been administered.
• If you can remember anything you can regarding the incident, including instructions you were given; questions you were asked by law enforcement officers; your responses to officers; administration of breath or blood testing; witnesses or passengers you had in your vehicle; any consent or refusals you gave to officers, written or verbally; what you had to eat, drink, or ingest, within 12-24 hours prior to the stop; or anything else you can remember. Then make note of these details.

5. Criminal Defenses for Alcohol or Drug DUI in Mesa AZ

Everyone makes mistakes. Many people arrested for impaired driving charge feel that they ruined their lives.

The ordeal is often a dramatic and overwhelming experience. Some drivers feel that it is hopeless to mount a vigorous defense, since they failed the DUI tests. But an arrest is not a conviction. It is simply the beginning of the legal process.

It is never wise to go to court and plead guilty without first consulting a private practice criminal defense attorney who serves the city where you were arrested.

Pleading guilty to a first DUI can result in harsher penalties for a second, third, or fourth DUI. Penalties you may face for a DUI conviction involving either drugs or alcohol include mandatory jail, fines, assessments, vehicle impoundments, alcohol or drug screening, license suspension, and a criminal record.

The criminal record alone can lead to harsh social consequences such as difficulties finding a job or housing or obtaining a professional license.

It is important to consult an experienced DUI defense attorney who understands all the possible ways to challenge the prosecution’s case.

All DUI charges hold their own unique set of evidence and circumstances. The defense strategy will vary based on the strength and weakness of the evidence and the facts surrounding the incident.

For example, one defense may be to challenge the reason for the stop, and the way the evidence was obtained by the police. This may be the case when the officer who pulled you over lacked reasonable suspicion to stop you.

A police officer must have a reasonable suspicion that a violation of the law has occurred or is in progress, when they pull you over. Otherwise the stop is unconstitutional.

The only exception to this is when the stop is at a pre-organized DUI sobriety or safety checkpoint.

Reasonable suspicion needs to be something more than a hunch. It may be due to the driver’s failure to use a turn signal, a broken taillight, or any other type of traffic violation.

Generally, the court will look at the totality of circumstances when determining whether an officer had a reasonable suspicion to pull over someone for suspected drunk driving or impaired driving. The officer’s training and experience will be considered, among other things.

In cases where a violation of rights has occurred, defense may file a motion to have the evidence suppressed, or thrown out, that was obtained unconstitutionally.

In other cases, the evidence that the prosecution plans to use against a defendant may be weak or invalid, and can be challenged by the defense.

For example, when police administer a blood test, they should provide a sample for the suspect for purposes of their defense. Later, the sample can be retested by an independent lab. If the results are different than the criminal lab, or have been compromised due to mishandling or procedural error, then the defense ask the court to have it suppressed.

Other defenses may apply including, but not limited to other violations of constitutional, procedural, or trial rights.

If you are facing a criminal charge in Tempe, Chandler, Gilbert, or Scottsdale, consult DUI attorney James E. Novak. He is a former Maricopa County Prosecutor who will use insights obtained as a prosecutor to determine whether any of your constitutional rights were violated or whether other defenses apply to your case. He offers a free initial consultation for those facing active criminal charges in his service areas. If you have been charged with a crime, call or contact The Law Office of James Novak at (480) 413-1499 and speak directly with Mr. Novak.

Additional Resources:

• A.R.S. § 28-1321
• A.R.S. § 28-1381
• A.R.S. 28- 1382
• A.R.S.§ 28- 1383
• Arizona Governor’s Office of Highway Safety | Media Advisory
• National Highway Traffic Safety Administration | SFSTs
• Arizona Department of Public Safety | DUI Prevention
• Maricopa County Sheriff’s Office | Jail Information for Families
• Mothers Against Drunk Driving | Latest from MADD
• National Institute of Alcohol Abuse and Alcoholism
• WalletHub | Strictest and Most Lenient States on DUI
• National Centers for Disease Control | Alcohol and DUI Facts

Other Articles of Interest from our Award Winning Blog:

• One of the Most Important Reasons to Resolve Your Warrant
• How to Challenge Marijuana Smuggling Charges Provoked by Duress
• Marijuana Odor Probable Cause for Search in Arizona
• Does Marijuana Odor Constitute Probable Cause in Arizona? Yes…and No.
• Entrapment: The Most Important Requirement for your Defense Revealed
• Stalking Laws: 7 Myths and Facts
• Arizona Supreme Court Rules on Voluntariness of Drug Testing

It doesn’t matter that their DUI did not involve alcohol. It doesn’t’ matter that they never used alcohol a day in their lives.

Requiring a person convicted of a drug DUI to install and submit to an IID screening before they can start their vehicle, never made a lot of sense.

This was particularly true if the driver didn’t drink alcohol, considering that current IID technology does not allow for detection of drugs in a person’s body.

Current IID technology is limited to detection of spirituous liquor on a person’s breath during exhalation.

It may have served a punitive purpose; but it did nothing to prevent a driver from driving impaired due to drugs.

This however, is about to change.

Arizona’s SB 1228 has passed. It will allow for judges to have some discretion as to whether or not to impose installation and use of an IID for Drug DUI convictions.

This article provides a comprehensive look at Arizona’s Ignition Interlock Device Program and other related topics included:

• Overview of Arizona SB 1228
• Ignition Interlock Devices used in DUI Sentencing
• Arizona Removes Ignition Interlock Device Requirement for Drug DUI
• How the new law will Impact Arizona Drivers
• Driver Obligations for Use and Reporting of Ignition Interlock Device
• 10 Frequently Asked Questions about Arizona DUI IID Program
• DUI Classifications, Penalties & Criminal Defense Mesa AZ

Trends in Ignition Interlock Device Program for DUI Sentencing

An ignition interlock device (IID) is a device that is attached to a car, which uses a breathalyzer to analyze a driver’s blood alcohol content before allowing the driver to start the car.

If the device detects an amount of alcohol above a certain limit, the car will not be able to be started.

About 23 states have laws requiring the installation and use of a certified IID for a driver convicted of DUI, including Arizona.

In those states, there has been a 15% reduction in drunken driving deaths compared to the states that don’t require an IID after conviction.

Generally, a convicted driver is required to pay for and install the device, and this adds to the costs of a DUI conviction.

As of 2006, Arizona started requiring all IID systems to be based on a particular alcohol-specific electrochemical fuel sensor technology.

Those who are required to install Ignition Interlock Devices have had to submit to periodic inspections every 90 days to show they are complying with the order and have installed a functional, certified IID in every motor vehicle they operate.

The department can suspend the driver’s driving privileges if the inspection and compliance requirements are not met.

Arizona SB 1228

Elimination of Mandatory Use of Ignition Interlock Device in Drug DUI Sentencing

Arizona’s SB 1228 bill amends Sections of the Drug DUI law A.R.S. 28-1381 and other code sections related to driving under the influence.

The existing code section makes it unlawful for someone to drive or control a car while (1) under the influence of alcohol or any drug or vapor, if he or she is impaired even a little bit, (2) with a blood alcohol level of .08 or more within two hours of driving, if it results from consuming alcohol either before or while controlling a car, (3) there are certain drugs or their metabolites in the driver’s body, or (4) driving a commercial vehicle with an alcohol concentration of .04 or greater.

Arizona DUI laws still require a person convicted of impaired driving with alcohol, be required to install an IID in any car the defendant operates under A.R.S. 28-3319.

What the new bill does is remove the IID requirement for DUI offenders who are charged with driving under the influence of drugs.

It does allow a judge the discretion to order someone convicted of a drunk driving violation that doesn’t involve intoxicating liquor (someone convicted for driving under the influence of drugs) to install a certified IID in his or her car.

If the court requires installation as part of the sentence, the department will still require the defendant to install the person’s car with an IID under Section 28-3319.

In other words the court now has discretion to impose the penalty or not, where before they did not.

This allows the decision as to whether or not to require installation of an IID to be based on the unique factors and circumstances surrounding the Drug DUI incident.

The court can also order someone to install an IID on any vehicle the person operates for more than 12 months starting on the latest of these dates: (1) the date the person’s driving privilege is reinstated after a revocation or suspension, or (2) the date the department receives a conviction report. Someone who operates a vehicle that has an IID installed under the impaired driving statute has to comply with certain rules specified in Article 5.

Initially, the bill failed, but it passed after a motion to reconsider. The new law will become effective after December 31, 2016.

How Arizona’s New Drug DUI IID Law will Impact Arizona Drivers

DUI penalties may be mandatory or discretionary by the presiding judge.

The impact of the Arizona SB 1228 is that sentencing for Drug DUI charges makes IIDs discretionary by the judge in sentencing, and no longer mandatory.

After December 31, 2016, it will no longer be mandatory for a person convicted of a Drug DUI to use an ignition interlock device on the vehicle they drive.

Though it will no longer be required, the court has been given the authority to decide of the IID penalty should be ordered in drug DUI sentencing.

Driver Obligations for Use and Reporting of a DUI Ignition Interlock Device

Under A.R.S. 28-1461 a person convicted of a DUI will be required to install and use a certified IID.

The driver bears has certain responsibilities under the program in which they must comply.

Some of the driver’s obligations include:

• Install a certified ignition interlock device in any vehicle they drive;
• Submit to alcohol screening with use of the device in their vehicle each time before starting the vehicle, as well as at random intervals during operation of the vehicle;
• Incur expenses for installing and maintaining the certified IID;
• Provide proof of installation and proper functioning of the IID in the vehicle they drive;
• Show proof that they are complying; and that the device has been inspected and is operating properly at least every 3 months during the time they’ve been ordered to use the device.

The ignition interlock device service provider works closely with person and the MVD to help the driver comply with these obligations.

10 Frequently Asked Questions about Arizona’s DUI Ignition Interlock Device Laws

Q. How does the ignition interlock device prevent someone from driving impaired due to alcohol?

A. The ignition interlock device sits on top of the vehicle dashboard and is wired to the vehicle’s engine. The driver must exhale into the device before starting the vehicle. If it detects liquor on the driver’s breath, the engine will not start.

Q. How is the IID and use of it monitored?

A. The IID provider monitors usage. They are required to send maintenance and activity reports to throughout the term imposed, to the Arizona Motor Vehicle Division.

Q. When a driver gets stopped by police will the officer know whether or not that driver is required they know if a driver is required to have a certified IID installed in their vehicle?

A. Yes. Once the person’s driver’s license is reinstated, a new license is issued by the Arizona Motor Vehicle Department. It will include a label with the words “Ignition Interlock” on it.

Q. What happens if the driver tampers with the device, or violates the usage rules?

A. If it is discovered that the driver failed to comply, attempts to drive other vehicles without Certified IID, or if there is evidence of device tampering, they will be in violation of Arizona Law A.R.S. § 28-1464. Consequences of these violations may result an extension of the time period for which the IID must be used, for up to 12 more months. Specified violations under this law will also result in Class 1 misdemeanor criminal charges. In addition, any person who knowingly rents, leases, or lends a driver their vehicle knowing that driver is required to use a certified device, will also be exposed to Class 1 misdemeanor Charges.

Q. Who pays for installation of the IID?

A. The person convicted of the DUI is responsible for expenses associated with installation and monitor charges of the IID.

Q. What is the average cost of installation and use of an IID in Arizona?

A. The costs of IID vary among providers. In general there is usually an installation fee that ranges from $100.00 to $200.00. Monthly rental fees range from $75.00 to $100.00 per month.

Q. How long will a person be required to use the IID?

A. The judge will order the time length for the IID to be imposed at the time of sentencing. Ranges include 6months, 12 months, 18 months, or 24 months depending on the circumstances surrounding the conviction.

Q. Is it possible to get a restricted driver’s license with the required IID for use during the suspension or revocation period?

A. Yes. If a person meets all of the qualifications, they may be eligible to drive on a limited basis, with a restricted license. They will need to provide proof that the vehicle they will be driving is equipped with a certified ignition interlock device.

Q. Does a person convicted of a drunk driving charge need to have their vehicle equipped with an Ignition Interlock Device before their driver’s license can be reinstated?

A. Yes. After a person has satisfied the court ordered driver’s license suspension or revocation period, and all requirements ordered by the court, they will be able to apply for reinstatement of their driver’s license. Under A.R.S. § 28 – 1461 A (2) in order for a person’s driver’s license to be reinstated, or a special restricted driver’s license issued, they must provide the Arizona MVD with proof that they have installed a certified IID in the vehicle (s) they operate before their driver’s license will be reinstated.

Q. Does the IID only need to be installed in the primary vehicle driven by the person required to use the IID?

A. No. It is necessary for any and all vehicles the person will drive to be equipped with certified ignition interlock devices, not just their primary vehicle. This includes vehicles the person rents, borrows or leases.

Arizona DUI Classifications and Penalties

All DUI charges in Arizona are criminal offenses. Penalties are severe, and expose a person to jail or prison terms.

Impaired Driving charges may be brought as Misdemeanors or Felonies.

Drunk Driving charges in violation of Arizona’s Extreme DUI laws, are still misdemeanors. But in general, the higher the Blood Alcohol Content (BAC), the longer the terms of incarceration.

Misdemeanor DUI charges carry jail terms that range from 10 days to 6 months.

Aggravated DUI charges (Felony) carry prison sentences that range from 10 days to 8 months or more depending on the circumstances.

A Misdemeanor DUI will be raised to a (Felony) DUI when aggravated factors exist.

Aggravated factors include DUI while driving on a suspended, revoked, or invalid driver’s license; DUI with a passenger below 15 years of age in the vehicle; third DUI within 7 years; or DUI that causes a serious injury or fatality.

Other penalties for misdemeanor impaired driving charges include installation and use of an ignition interlock device; driver’s license suspension, probation terms, alcohol or substance abuse screening or counseling, fines, and costs.

Felony DUI penalties include those that apply to misdemeanors but are more severe, and subject a person to a felony criminal record, loss of civil rights such as the right to possess or carry a firearm, and to vote.

When a person is charged with a DUI in Arizona their freedom and future is in jeopardy. They will need a strong impaired driving defense attorney to defend their charges and make sure their rights are protected.

It is important to choose a DUI defense attorney who understands how serious a DUI charge is and can develop a strategy to challenge weak evidence, and work to get the best possible outcome.

Criminal Defense Attorney for DUI in Mesa, AZ

“Prepared to Defend”

If you are charged with any type of DUI, consult James E. Novak, DUI defense attorney in Tempe, Arizona. James Novak is former Maricopa County Prosecutor and experienced litigator. If retained, he will protect your rights, make sure you are treated fairly and provide you with a strong defense for your charges.

James Novak of the Law Office of James Novak, PLLC offers a free consultation for those charged with a DUI or other criminal offenses in Maricopa County, including the cities of Phoenix, Mesa, Tempe, Chandler, Gilbert, and Scottsdale, Arizona.

James Novak will speak with you directly to discuss your matter, and provide you with options for defense. Call or Contact us today at (480) 413-1499.

Additional Resources:

• A.R.S. § 28-1381
• A.R.S.§ 28-3319
• A.R.S. § 28-1464
• Requirements and Exceptions to Lawful Search Warrants in Arizona
• Arizona SB 1228
• Certified Ignition Interlock Installers in Arizona
• Arizona Department of Transportation | IID Overview and Video

Other Articles of Interest from The Law Office of James Novak’s Award Winning Blog:

• Arizona Supreme Court Rules on Voluntariness of Consent for DUI Test
• Your Right to Request a New Judge in Criminal Court
• Consent to Search includes K-9 Drug Investigation
• Your Right to an Attorney before DUI Testing
• Violations of “Search and Seizure” Laws: How they Impact Prosecution
• U.S. Supreme Court Rules No Warrant Needed To Collect DNA If Arrested,
• Yes, You Have Constitutional Rights At An Arizona Checkpoint

Starting August 15, 2013 nine agencies joined to form a “Safe and sober” campaign task force. The Campaign began at the beginning of the ASU fall semester, and lasted three weeks to end on September 1, 2013, of Labor Day Weekend.

The Law Enforcement Agencies that joined together and included efforts of Maricopa County Sheriff’s Office, Arizona Department of Public Safety, Governor’s Office of Highway Safety, Tempe, Mesa, Gilbert, Chandler, and Scottsdale Police Departments. The campaign included enforcement of liquor laws as well as educating the community about traffic, bicycle and pedestrian safety and the dangers of youth alcohol consumption, and enforcing nuisance/party ordinances.

Within the first three days, there were 867 citations, 371 arrests, 1421 stops, and 91 total DUI arrests in violation of A.R.S. 28-1381. Of these there were a disturbing number of minor in possession of alcohol arrests (111 such arrests) in violation of A.R.S. 4-244 of Arizona criminal code. The second weekend saw 486 arrests. Over the first two weekends, there were 857 arrests, with 319 for minors in possession of alcohol. Over Labor Day weekend alone, there were 656 DUI arrests; 126 of the Labor Day arrests were for Drug DUI in violation of A.R.S. 28-1381 A (1) & (3).

Arizona Misdemeanor DUI Laws and Penalties – First Offenses

All impaired driving arrests in Arizona are serious. The average Blood Alcohol Content (BAC) for those charged with DUI during the campaign exceeded 0.15 percent, which means makes it even more serious. Extreme DUI charges in violation of the Arizona Extreme DUI Laws A.R.S. 28-1382 (.15 percent or greater) carries harsher penalties. Some of those arrests fell under the Arizona Super Extreme DUI laws (.20 percent or greater), and carry the most severe Misdemeanor DUI penalties. Generally DUI charges that involve higher BAC levels call for longer the incarceration terms. First Office Minimum Misdemeanor DUI penalties call for 10 consecutive day jail terms; first offense Extreme DUI sentences call for 30 consecutive day jail terms; and first time Super Extreme DUI convictions call for 45 consecutive day jail terms. Other penalties for first time DUI convictions include fines, fees, and assessments that range from $1750.00; Suspension of driver’s license for a minimum of 90 days; use of Ignition Interlock Device on the Defendant’s Vehicle 6 to 18 months once driving privileges are reinstated; participation in mandatory alcohol/substance abuse screening, counseling, or treatment, probation, or community services.

Arizona is a “Zero Tolerance” state, meaning it is illegal for a person under the age of 21 to be found with any spirituous liquor in their system. Convictions for Underage 21 consumption of alcohol also results is usually a misdemeanor punished with a criminal record, a $500 fine and court costs, community service plus 2 years suspension of your driver’s license. Possession of alcohol by a minor is another charge with similar penalties. It permits a minor to be charged for being close to alcohol and having it accessible.

Underage 21 DUI penalties are particularly harsh. Unlike adult DUI charges, which are usually brought for actually being impaired to the slightest degree, or having BAC of .08 while driving, a minor may be charged for driving with just one drop of alcohol in his or her system. A Class 1 misdemeanor, under age DUIs are punishable with $1500 in fines and costs, up to 10 days in jail, loss of driver’s license for up to 2 years, and community service. Nine of the 10 days in jail can be suspended if a defendant agrees to complete an alcohol treatment program.

Collateral Consequences of DUI or Alcohol Related Convictions

Adult DUI Convictions – Consequences of any DUI convictions for adults often reach far beyond criminal sentencing and have adverse impacts on many areas of a person’s life and family. Some consequences can include loss of residency; loss of income; loss of job or ability to get a job; inability to obtain auto or health insurance; high surcharges or premiums and even non-renewal of insurance; and a criminal record that will follow them for years into the future.

Minor Consumption and Under Age 21 DUI Convictions- The consequences of a DUI or Minor Consumption conviction can reach far beyond even the devastating criminal penalties. Other consequences are social stigma, expulsion from school, and a criminal record. The last is especially serious because it means every time a minor is asked about his or her criminal record when applying for college, graduate school or a job, he or she will have to disclose the information and explain what led to the conviction for a DUI. Consequences of a conviction can also result in an athlete being suspended from athletics; loss or denial of scholarships; or financial assistance programs.

If you or a loved one is charged with an underage DUI or other alcohol-related offense, the stakes are high. You should retain an experienced and knowledgeable criminal defense attorney with a track record of successfully defending underage drinking charges. Contact The Law Office of James Novak at 480-413-1499 for a free consultation, if you face DUI charges in Phoenix, Tempe, Mesa, Chandler, Gilbert or other surrounding East Valley Cities.

Additional Resources:

• Tempe PD Safe and Sober Campaign
• Mothers Against Drunk Driving
• Drug DUI and Super Extreme DUI laws
• Arizona 2012 Statewide DUI Enforcement Statistics
• Alcohol/Substance Abuse Counseling and Treatment Providers

More Blogs

• Arizona’s Medical Marijuana Law Stands Ground, Phoenix DUI Lawyer Blog, June 4, 2013
• DUI Laws and Penalties in Arizona, Phoenix DUI Lawyer Blog, July 1, 2013