The blood draw may be unconstitutional if an individual’s rights are violated in the process.

Recently, the Arizona Supreme Court ruled that the unconscious clause is permissible only when invoked non-routinely, under exigent circumstances that are case-specific.

The Court decided that the blood draw was unconstitutional because circumstances were not exigent, and the test was requested under a routine procedure, rather than consideration of the facts of the case.

Under the good faith exception, evidence collected in violation of a person’s Fourth Amendment rights can still be admitted at trial, only if the police acted in good faith.

But the court also determined that the good-faith exception to the exclusionary rule did not apply.

In this article we will discuss the decision, what means for Arizona drivers, how to protect your rights, and what happens if your rights are violated.

Case Overview

The case arose when the defendant, a driver with four passengers, drove his SUV into an oncoming car. A witness traveling behind the SUV would later testify that the man was driving erratically and had crossed the centerline several times.

After the crash, a witness saw someone crawl over the hood and lie down in front of the SUV, while the defendant got out of the driver’s side and lay down behind the SUV.

An officer responding to the scene approached the defendant who was being treated by medics. The suspect confirmed he’d been driving the SUV, but did not answer any questions about what happened.

The officer smelled alcohol coming from all of the occupants of the SUV, and saw beer cans as well as an opened bottle of liquor in the vehicle.

Meanwhile, the suspect was airlifted to a Nevada hospital for treatment. Without obtaining a warrant, the officer told the dispatch to ask the Las Vegas police to get a DUI blood sample.

The defendant was unconscious at the time the DUI blood sample was taken, and results indicated that his Blood Alcohol Content (BAC) was 0.212, in violation of AZ Super Extreme DUI law.

The suspect was charged with driving under the influence on a suspended license, aggravated DUI with a BAC of more than .20, aggravated DUI with BAC of more than .20 with a suspended license, aggravated assault with a deadly weapon, recklessly endangerment with a substantial risk of imminent death, and four counts of aggravated assault on his passengers with a deadly weapon.

Before trial, the defense filed a motion to suppress the blood test results on the grounds that the test was taken without a search warrant.

The trial court deemed the search permissible because the police had probable cause to believe the suspect had been driving under the influence in violation of both Arizona and Nevada laws.

Further both Nevada and Arizona possessed laws which allowed police to draw blood for a DUI investigation, from unconscious drivers suspected of driving impaired.

The trial ruled in favor of the state. It decided that even if police should have obtained a warrant, they relied on statutes that were in effect at the time of the blood draw, and therefore the good faith exception applied.

The defendant was found guilty of four crimes and lesser-included offenses, and was sentenced to 17.5 years in prison in concurrent sentences.

He appealed arguing that his blood was draw in violation of his Fourth Amendment rights against unlawful search and seizures.

The appellate court affirmed the trial court’s decision and reasoned that even if the blood draw was unconstitutional, the evidence should be admitted because law enforcement’s actions were protected by the good faith exception.

An appeal was then made to the Arizona Supreme Court, and it agreed to consider the denial of the motion to suppress the DUI blood test evidence.

Meanwhile, the state conceded that the unconscious clause was unconstitutional as applied to the facts of this case, because exigent circumstances didn’t exist.

The Arizona high court agreed. It noted that under prior Fourth Amendment case-law, a compelled physical intrusion into the veins to get blood as evidence implicated a deep-seated expectation of privacy.

The Arizona implied consent law didn’t allow the State to avoid establishing voluntary consent or another exception to the requirement of getting a warrant, to justify a warrantless blood draw from a DUI suspect.

Unless an exception applies, a warrantless blood draw to which the DUI suspect doesn’t consent is unconstitutional.

The Court reasoned that with probable cause the police could conduct a warrantless, non-consensual blood draw from an unconscious suspect.

That is, if they reasonably believed a warrant could not be obtained without significant delay that would result in undermining the testing.

The State argued that case precedent which existed at the time of the incident, allowed for the unconscious clause the blood draw because of the possibility of loss of evidence due to the body’s dissipation of alcohol.

The Court discussed Missouri v. McNeely, 2013, which was decided after the defendant’s arrest. In it, the U.S. Supreme Court held that exigent conditions must exist and be determined by considering totality of the circumstances specific to the case.

It held that natural dissipation of alcohol from the body was not enough in and of itself to establish exigent circumstances alone, because it was only one factor.

The Court noted that considering the totality of the circumstances on the merits of facts specific to the case was not a new legal standard.

The Arizona Supreme Court explained that McNeely was a Court opinion, and not a constitutional law, and the Court’s opinion was based on decades of existing case-law.

The state argued that in the least, the good faith exception to the exclusionary rule should apply, because the officer followed agency procedures.

Further, the Arizona Department of Public Safety (DPS) officer testified that he relied on his training and agency’s procedures when he decided to go ahead and get the blood test without a warrant.

The officer explained this it was Arizona DPS protocol to request a blood draw from unconscious DUI suspects if they are transported out of state.

But the Arizona Supreme Court disagreed. It reasoned that the DPS Agency should have known that such procedure was unlawful.

It explained that routinely allowing blood draws from suspects sent out of the state for an emergency treatment without specifically deciding whether a warrant could be gotten in a timely fashion was in the least constitutionally suspect.

The Court acknowledged that there was sufficient evidence at the scene to establish probable cause so that the officer could have requested a search warrant.

Further, the warrant could have been obtained expeditiously either by telephone or electronically.

Systematically bypassing a warrant based on a routine procedure, without consent or considering case-specific circumstances, was in violation of 4th Amendment protections from unlawful search and seizures.

The Court noted that the purpose of the Exclusionary Rule was to deter law enforcement from engaging in practices that violate an individual’s constitutional rights.

With regard to the good faith exception, the Court explained that if police officers act in good faith on a binding case-law precedent that clearly authorizes a specific procedure, it would apply.

However, they advised that was not the case here. The DPS Agency protocol to routinely request a blood draw on unconscious suspects transported out-of-state for medical treatment, was not authorized by any state law, or binding case precedent.

Therefore, the good faith exception to the requirement that a warrant be obtained didn’t apply.

In conclusion, the Court noted that the decision as to whether or not Arizona or Nevada law applied still needed to be resolved.

If it is determined that Arizona law applies, the appellate court’s decision will be vacated, and the trial court’s decision on the motion to suppress will be reversed. This means the DUI blood draw results will not be admissible.

Also of interest is the case, the dissent filed a critical opinion suggesting that rulings of this nature pose a risk that those who commit crimes go free without being held accountable.

The majority opinion recognized that such consequences are inevitable when unlawful police strategies being used, that are in conflict with constitutional protections.

Impact on Arizona Drivers

It is necessary for law enforcement to look at the specific facts particular to each case in order to invoke a warrantless blood draw on an unconscious suspect, when it is not feasible to get a timely warrant.

Police must have probable cause based on exigent circumstances in order to request an non-consensual warrantless blood draw under A.R.S. 28 – 1321 (c).

Exigent circumstances must be established by considering the unique circumstances in each case to ensure that the warrantless blood draw does not violate the suspect’s rights.

The Arizona Supreme Court determined that it is unconstitutional to routinely request a blood test be taken on DUI suspects who are unconscious and being transported out-of-state.

While this is not new legislation, it serves to assure protections of suspects rights as an Arizona case precedent. Case law can influence the outcome of future decisions involving issues of this nature in the state.

How to Protect Your Rights Under the Unconscious Clause

If you are being investigated at a stop for suspicion of DUI it is important that you preserve your rights and avoid self-incrimination.

The best way to protect your rights is to be familiar with them, and how they apply under specific circumstances.

Below are some things to keep in mind if you are being investigated for DUI, your rights under the Arizona’s Unconscious Clause, or if you have been arrested for impaired driving due to alcohol or drugs:

• Under Arizona’s Implied Consent Law, persons who drive in the state give their consent to breath or chemical testing. If a person is unconscious, they are not exempt from compliance with this law. However, the blood draw must still be constitutional to be permissible. Drawing a person’s blood for a DUI investigation is privacy right protected by the 4^th Amendment of the U.S. Constitution.
• If you have been involved in an accident, or a medical issue arises, you have the right to direct decisions about your medical treatment. This includes the refusal of unwanted medical treatment. This right is protected under the 14^th Amendment of the U.S. Constitution. It is also protected under the Arizona Constitution, Article 2, Section 8, your right to privacy.
• If you wish to accept or refuse medical treatment, try to make your wishes known to police and/or emergency technicians expressly and as clear as possible.
• You do not have to consent to a DUI breath or lab test, if police do not have a search warrant with probable cause. There are however, consequences for refusal including a one year loss of driver’s license under Arizona law. Also, if the police have probable cause, despite a refusal, they may arrest you anyway. Note that you do not have to submit to Field Sobriety Tests because these are optional. Courts have historically found them unreliable in many cases.
• If police decide to arrest you, do not argue with them, and cooperate with routine procedures. This may result in additional charges. Never reach for an officer’s weapon, or do anything that would cause them to feel threatened. This may result in more charges as well as bodily harm. As soon as reasonably possible consult an experienced criminal defense attorney who defends charges in the jurisdiction where you were arrested.

What Happens When Your Rights are Violated

Aggravated DUI Defense Lawyer – Phoenix Metro and East Valley, Arizona

No matter how serious your charges, you have the right to defend them.

There may be defenses that can be used to challenge your charges and evidence.

Different types of defenses may apply based on the circumstances surrounding the incident.

In the case discussed above, constitutional challenges were made.

If your rights were violated, your attorney can file a pretrial motion to suppress evidence if was obtained unlawfully by police.

When material evidence is suppressed, it often leads to a dismissal or an acquittal of the charges.

DUI offenses in Arizona are criminal charges. All impaired driving charges are serious, especially in the case of Aggravated DUI offenses which are felonies.

Sentencing for felony impaired driving convictions expose a person to prison sentences that range from 10 or 30 consecutive days to 8 months or more in prison.

Other penalties include average fines of $4,000.00, one year license revocation; installation and use of an ignition interlock device on the driver’s vehicle for 2 years; possible forfeiture of vehicle; alcohol, or substance abuse treatment, and other criminal penalties.

Felony impaired driving convictions result in loss of privileges to carry or possess firearms and voting rights.

Other inherent consequences can result from felony convictions. These may include loss of job, or inability to get a job; loss of occupational licenses; credit problems; loss of scholarships; inability to get admitted into certain schools, sports or activities; and many other adverse consequences.

For these reasons, it is important that if you face any Aggravated DUI charges that you retain an experienced criminal defense attorney before appearing in court.

If you were arrested or charged with a DUI charge in Tempe, Chandler, Gilbert, or Scottsdale, consult DUI attorney James E. Novak. As a former Maricopa County Prosecutor.

James Novak uses his insights and experience obtained as a prosecutor to evaluate whether any of your constitutional rights were violated and develop the strongest possible strategy to defend you. He offers a free initial consultation for people facing active criminal charges in his area.

If you have been charged with a crime, contact or call The Law Office of James Novak at (480) 413-1499, and speak directly with DUI defense attorney, James Novak.

Additional Resources:

• A.R.S. § 28-1321
• A.R.S. § 28-1381
• A.R.S. § 28-1382
• A.R.S. § 28- 1383
• Arizona Constitution Article 2.Section 8 | Privacy Rights
• U.S. Constitution 4 Amendment | Search and Seizures
• Arizona Superior Court Rule 4.10| Electronically Transmitted Warrants
• Arizona Revised Statutes 13- 3886 | Telephonic Warrants
• Arizona Supreme Court | Criminal Code Sentencing Charts
• Arizona Department of Public Safety | DUI Prevention
• Maricopa County Sheriff’s Office | Jail Information for Families
• National Institute of Alcohol Abuse and Alcoholism
• MADD | Recent Media Advisories
• Maricopa County Community Substance Abuse Treatment Program

Other Articles of Interest from our Award Winning Blog:

• What You Need to Know about the Medical Blood Draw Exception
• DUI Blood Test with Medical Treatment Admissible unless Care Expressly Refused
• Arizona Supreme Court Rules on Voluntariness of Consent in DUI Testing Case

Unfortunately, some will be arrested for impaired driving. Suddenly, what was supposed to be a fun and enjoyable trip turns into a nightmare.

One of the most common questions a person asks after being arrested for a repeat offense, if they are visiting or a new resident to Arizona is “How will my prior DUI received in another state, impact my current DUI charges?”

Recently, an Arizona Appeals court addressed prior DUI charges involving out-of-state DUI convictions. The Appellate court considered whether a prior out-of-state DUI conviction would be used to reclassify charges to a felony for a third DUI conviction.

In this case the defendant had been charged with two counts of aggravated DUI, two counts of aggravated driving with a BAC of .08 or more and aggravated assault on a peace officer.

The aggravated (felony) driving charges were based on the fact that the defendant had two or more prior DUI convictions within 84 months under A.R.S. § 28-1383.

The lower court dismissed the Felony DUI and BAC charges. The State Prosecution appealed the dismissal of the Aggravated DUI charges. The Appeals court agreed with the State Prosecution, and reversed the dismissal of the Felony DUI charges.

Analysis of the Decision: Out-of State DUI Counts as a Prior

The lower trial court concluded the defendant’s prior DUI convictions were in California and therefore couldn’t support aggravated DUI charges in Arizona. This is because the DUI statutes were not identical in California and Arizona.

The Court noted that that in order for an offense that occurred out of state to be counted as a “prior” the laws of the two states must be identical. Or alternatively, the offense must be such that if it had been committed in Arizona, instead of California in this case, it would have been in violation of Arizona’s impaired driving laws.

The court ruled that an examination and comparison of the two State DUI laws was required in order to answer the question of whether or not the California DUI offense constituted a “prior”.

The court acknowledged that Arizona required proof of impairment, whereas California did not.

The state argued that California’s Supreme Court had interpreted the statute to require impairment, but the trial court didn’t find this persuasive.

The defendant had argued that California permitted convictions under circumstances that wouldn’t establish a DUI in Arizona.

The state appealed, arguing that the California convictions were for violations that if committed in Arizona would have also led to convictions. Specifically, the State challenged the dismissal by the lower court, based on the contention that the defendant’s California convictions constituted “acts in another jurisdiction that if committed in this state” would have been in violation of Arizona’s DUI laws, as required under A.R.S. § 28-1383 (A),(2).

Subsequently, the appellate court compared the DUI laws of California and Arizona to determine whether the dismissals by the lower court were proper. It acknowledged that the defendant was correct in pointing out that in California, the driver did not actually need to be impaired whereas in Arizona the driver did need to be impaired to be convicted.

However, the appellate court stated that the question was actually whether there was any scenario under which the defendant could have been convicted in California, but not in Arizona.

The rule for using an out-of-state conviction for sentencing in the current case is that the court must find that the foreign conviction includes each and every element required to prove the Arizona offense. In comparing the law, they noted that California courts have said that to be regarded as driving under the influence a person must be appreciably impaired. When a person has been convicted of a DUI in California, it means that the person had been impaired to an appreciable degree. Similarly, for the BAC conviction, California prohibited having a BAC of .08 at the time of driving while Arizona prohibits a BAC of .08 within 2 hours of driving.

If a person has a BAC of .08 while driving as required under California law to be convicted, he would definitely have a BAC of .08 within two hours of driving as Arizona requires. Accordingly, he would be able to be convicted in Arizona for the same offenses for which he was convicted in California. The appellate court reversed the trial court’s order to dismissal of the Aggravated (Felony) DUI charge, and sent the matter back to the lower court, for continued prosecution of the charges.

“Not every out-of-state DUI conviction constitutes a “prior” against a current Arizona DUI.

But unless it’s elements are challenged,

the risk is great that it will be used against you.”

5 Ways in Which Arizona is Combating Repeat Offenses The Arizona Department of Public Safety (DPS) reported that strict impaired driving laws do not deter repeat offenses. They outline the alternative penalties that are in place which have proven to be the most effective in reducing repeat impaired driving offenses. They include:

• Mandatory Alcohol and/or Substance Abuse education and treatment participation;
• Intense Supervised Probation with alcohol and substance abuse monitoring;
• Mandatory Installation and Monitoring of Ignition Interlock devices (IID) in Vehicles;
• Vehicle Impoundment;
• House Arrests with Electronic Monitoring

The National Highway Traffic and Safety Administration (NHTSA) has continually evaluated the effectiveness of alternative sentencing that included participation in mandatory DUI counseling and treatment programs, as compared to incarceration alone. One study in recent years measured the effectiveness of Maricopa County’s DUI Court program which includes alcohol/substance abuse counseling and treatment program participation. They found that DUI court programs like those that exist in Maricopa County were effective in reducing repeat offenses. Further it concluded that this program was more effective than standard incarceration, or standard probation sentencing.

Repeat Offense Statistics

In 2012 the National Highway Safety Administration compiled repeat DWI convictions data in 40 states and the rate of recidivism over the prior 7 year period. The report indicated that Arizona recidivism rate for DUI offenses was 21 percent of all DUI convictions during that year, which was under the national average of 29.5 percent recidivism.

NHTSA reported that the number of arrests over the last 20 years may have decreased by as much as 19 percent for arrests and 6 percent for convictions on a national level. Their conclusions were that alternative sentencing such as DUI alcohol and substance abuse counseling and treatment, DUI courts, use of Ignition Interlock devices, close supervision and monitoring, license plate sanctions, and other interventions may have contributed to the decreased trend.

Criminal Defense for DUI in Mesa AZ

Not every out-of-state DUI conviction constitutes a “prior” against your current Arizona DUI. But unless the elements of it are challenged, the risk is great that it will be used against you.

In each case, the court will likely conduct an analysis like the one in this case study. But it illustrates the importance of consulting an experienced Arizona criminal defense attorney for DUI charges. An effective defense attorney will make sure your rights are protected, and conduct a similar analysis to determine a probable outcome for your case and best strategies to defend you. A defense should be tailored as it applies to a given case, in order to obtain the best possible resolution. Favorable outcomes can include suppression of evidence, reduction of charges or sentencing, avoidance of prison, reduced jail terms, or even case dismissal or acquittal.

If you or someone you know has been arrested or charged with a DUI, you should contact an attorney with DUI-specific defense experience to represent you. 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:

• Drug DUI and Super Extreme DUI laws
• Arizona Department of Public Safety
• Mesa Police Traffic Section
• Mothers Against Drunk Driving

Other Articles of Interest

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

In a recent case, the Arizona Court of Appeals considered whether there was probable cause where the defendant was convicted of four counts of aggravated driving under the influence (aggravated DUI). The defendant had been stopped in his vehicle after a police officer visually estimated he was going fifteen miles over the speed limit. According to the police offer, he’d been trained to accurately estimate vehicle speed within five miles per hour.

Once the officer stopped the defendant, he saw the defendant had watery bloodshot eyes, spoke with slurred speech, and smelled like alcohol. The defendant couldn’t find his driver’s license and gave the officer his social security number. It turned out that he provided his wife’s social security number. When the officer learned this, he asked the defendant for his wife’s social security number. This time, the defendant gave him his own number. The officer administered a test for alcohol impairment. When the defendant refused a breathalyzer test, he was arrested.

After being sentenced to four months incarceration for concurrent terms, the defendant appealed, arguing that his traffic stop was illegal for lack of reasonable suspicion and his arrest was illegal for lack of probable cause. He had tried to suppress evidence (keep it from being used at trial) from his stop and arrest.

The judge denied the suppression motion, deferring to the police officer’s claim that he could accurately estimate the speed and this was the reason for the stop. The judge also found that while probable cause was close, the totality of the circumstances supported the officer’s arrest of the defendant.

On appeal, the appellate court explained that for this type of motion, it defers to the trial court’s factual findings, including the issue of credibility. If a trial court, as in this case, finds a police officer credible, the appellate court assumes the trial court is in a superior position to make that determination and its judgment will not be disturbed.

The defendant argued that the dashboard police officer’s car was equipped with a video camera. He argued that the video was an objective piece of evidence contradicting the police officer’s estimation. However, there was no read-out of the speed of the defendant’s car on the video. Accordingly, the trial court found it did not contradict the officer’s estimate. The appellate court agreed with the trial court. The defendant also argued that the officer did not have probable cause to arrest him because he only collected evidence regarding alcohol consumption, not his impairment.

“Probable cause” carries a higher standard than reasonable suspicion. The police can arrest you if he or she has probable cause to believe you have committed a felony or crime in his presence. With DUI arrests, probable cause doesn’t mandate that the police officer show a driver was actually under the influence, only that it is probable that he was.

The appellate court held that probable cause does not require law enforcement `to show that the operator was in fact under the influence’; Arizona v. Aleman ( 2005). The Arizona Court of appeals held that when evaluating and justification of probable cause, they are not considering technical factors. But, instead, probabilities that are factual and practical with circumstances that would lead to conclusions made by a reasonable and prudent person Arizona v. Dixon (1987),.

The Appeals Court also explained that an officer may draw inferences that someone is impaired by alcohol by relying on his own experience and training. In light of the defendant’s odor of alcohol, confusion about his social security number and performance on the test, it was very probable he’d been driving under the influence.

National Highway Traffic and Safety Administration’s Post-DUI Stop Cues

Studies by the National Highway Safety Administration (NHTSA) revealed 10 post-stop DUI Cues that have been found to be consistent with impaired driving. They are considered in addition to to a list of driving cues in evaluating whether or not a driver should be investigated for DUI, or considered in totality as “probable cause” for arrest if a DUI breath test or blood test is refused. The items below are considered cues when the Driver has difficulty performing the following skills: • Operating vehicle’s controls; • Getting out of the vehicle; • Finding and retrieving their driver’s license and registration; • Answering questions and communicating (excluding language barriers); • Maintaining body balance; • Standing without leaning on the motor vehicle or other stationary object; • Talking without slurring words due to alcohol or drug influence; • Responding to officer timely or without asking the officer to repeat the question; • Providing accurate information or answers to routine questions; Other post-stop cues to the police officer include a strong odor of spirituous beverages on the driver’s breath or clothing, and opened alcoholic beverage containers in plain sight within the vehicle.

As you can see, driving with any degree of impairment can be a very bad idea because Arizona police officers are entitled to rely not just on breathalyzer results, but on a variety of empirical information.

If you have been pulled over on suspicion of drunk driving or arrested for drunk driving in Arizona, you should be aware that the penalties are very harsh. A criminal defense attorney with a strong background in DUI Law can make a huge difference to your case. 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:

• National Highway Traffic Safety Administration
• Drug DUI and Super Extreme DUI laws
• Arizona 2012 Statewide DUI Enforcement Statistics
• Alcohol/Substance Abuse Counseling and Treatment Providers
• Mothers Against Drunk Driving

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

Recently a Mesa AZ police officer approached a vehicle and asked the driver if he had any weapons. The driver responded, affirmatively that he did in fact, have weapons in the vehicle. At that point he reached to the other side of the car and pulled a gun out of a holster from inside the vehicle. The officer apparently felt threatened, and reacted by drawing out his own sidearm. The police officer gave verbal commands for the driver to drop his weapon. The driver immediately dropped his weapon. The driver agreed to take a field sobriety test, which evidently did not go well for driver, since he was then taken to a command center to be booked for a DUI.

What went wrong that made this DUI stop potentially deadly?

Let’s take a closer look at reported events; application of the law; and tips on how to avoid criminal charges that are unrelated to driving impairment. First, there is no legal duty to voluntarily tell an officer you are carrying a gun if you are pulled over while driving in Arizona. However, you should respond affirmatively to an officer who asks. You should never pull a firearm out or at the officer or cause those to feel threatened in anyway. The driver was fortunate that the officer responded apparently with levelheadedness.

Although most attorneys discourage suspects from volunteering any information to the officer in a stop, there are others who feel there are safety benefits for the driver to volunteer to an officer that they are carrying a weapon so long as they are prohibited possessor and it is a prohibited weapon. This will avoid the police officer being taken by surprise, it in the event a search is conducted of your vehicle. Some feel too, that volunteering this information will alert a law enforcement officer that you are not doing anything wrong.

With every widely observed holiday, you’re likely you will see heightened police presence, enforcement and DUI Sobriety Checkpoints. DUI Roadblocks are set up with the intent to seek drivers for signs of intoxication or impairment, and make DUI arrests. The goal is to prevent motorists from driving impaired under the influenced of alcohol or drugs. DUI checkpoints can be considered “double edged sword” of sorts. Everyone wants impaired drivers off of the road. But if you’ve ever found yourself in a line-up waiting your turn through the checkpoint, you know it’s no fun. Whether you are driving impaired or not, it’s completely normal to feel a little nervous or anxious.

Most people sort of look around to make sure there is nothing in their vehicle that would give rise to the suspicion that they are under the influence of alcohol or drugs. In Arizona, you should know that when the officer stops you at a DUI checkpoint, arrests can be made for violations of other crimes too, not just impaired driving. In absence of a formal DUI safety checkpoint, a police officer needs a “reasonable suspicion” that a violation of the law or crime has occurred or is in progress to stop a driver and conduct a DUI investigation. However, DUI checkpoints bypass this usual step. Not all states have laws authorizing use of DUI checkpoints, but in Arizona their use is becoming more prevalent.

Always, (one more time) “always”, keep both hands on the wheel while you are talking to the officer. The exception to this, is if he instructs you to show him your license which requires you to take your hands on the wheel; or otherwise. Talk to the officer as calmly as possible, and when you must take your hands off the wheel to reach for your driver’s license and registration, do so calmly as well.

Like the situation in Mesa described above, an officer who sees you reach into an area of the car he can’t see may think that you are about to shoot. You do not have to reach for anything to extend a verbal affirmative or negative response. If an officer who pulls you over for suspected DUI asks for your driver’s license, you need to show your driver’s license to him. Otherwise you may give the officer probable cause to conduct a further search and seizure. If the officer asks to search your car, you should say that you do not consent to a search. However, if the officer searches anyway, you must cooperate and you cannot put up any sort of resistance.

Field Sobriety Tests are not mandatory in Arizona. They are simply tools for Police to conduct roadside DUI screening and due to their unreliability may result in false conclusions. You can politely and lawfully refuse to participate in a field sobriety test. You should let the officer know that your reason for refusal is that you understand it is not mandatory by law, and it is your understanding that field sobriety tests are often unreliable and could give false impressions that a person is impaired when in fact they are not. You should be aware that refusing to submit to a field sobriety test may be cause for arrest or further detainment. You can and should refuse to answer questions based on your rights under the Constitution and request to speak with an attorney.

Arizona is an implied consent state. What does this mean to drivers? It means that there are civil penalties through the Motor Vehicle Division (MVD) for refusal. If a driver refuses to take a breath or blood test to determine your BAC, your license may be revoked or suspended, whether they are were driving impaired or not; or convicted of the charges or not. All a refusal of a DUI breath or blood test costs you is a suspension of your driver’s license for one year. But the choice of course is ultimately yours. If you have been arrested or cited for any kind of DUI, Contact the Law Office of James Novak to receive a free consultation. He provides a strong and experienced defense for DUI and criminal charges. a href=”http://www.arizonacriminaldefenselawyer.com/lawyer-attorney-1580468.html”>criminal defense attorney.

Additional Resources:

• Arizona Gun Laws
• Arizona sentencing for serious, violent or aggravated offenses
• Phoenix Superior Court

MORE BLOGS

• Aggravated Assault: The High Cost of Harming a Police Officer, Arizona Criminal Defense Attorney Blog, August 3, 2012
• Assault Convictions Require “Intent” and “Knowledge” or “Recklessness”, Arizona Criminal Defense Attorney Blog, June 1, 2012

There are several ways to get an aggravated DUI conviction in Arizona. Among the ways is driving while impaired by alcohol, drugs, medication, or illegal substances while having a suspended, cancelled, revoked, refused or restricted license. This is a class 4 felony.

However, you can also be charged with driving on a suspended license, which is a class 1 misdemeanor. Although the latter may not seem particularly important because it is a misdemeanor, it does give you a criminal record and can impact you in the future.

In a recent case, the defendant was charged with aggravated DUI while driving on a suspended license. The defendant did not appear for his trial and was tried without being present.

In this case, the State asked for a jury instruction for the DUI stating that the man’s license was suspended and that he either knew of the suspension or should have known of it. However, the State did not require any proof regarding the defendant’s mens rea for the suspended license count. In criminal law “mens rea” refers to a guilty mind or criminal intent. It is a crucial element in many crimes.

The State proposed that all that needed to be shown in this case was that the defendant had driven on a suspended license and his license was in fact suspended. It didn’t matter what he thought. The defense attorney asked for the same mens rea that was applied to the aggravated DUI charge to be applied to the suspended license count. A jury found the defendant guilty of driving on a suspended license, but acquitted him of the DUI. He was sentenced to 10 days in jail and fined. He appealed.

On appeal he argued that the court should have given a jury instruction that to convict of driving on a suspended license, it must be proved that the defendant knew or should have known that the license was suspended or revoked.

On appeal, the appellate court reviewed the issue of whether the jury instructions for the suspended license count were adequate. It explained that the pertinent statutory section (28-3473(A)) did not specify a mens rea at all. The statutory section regarding mens rea noted that if there was no mens rea expressly stated for culpability, none was required and the offense should be treated as one of strict liability unless the prohibited action intrinsically included a culpable mindset.

However, in Arizona, the courts have tended to disfavor strict liability offenses. A mens rea is preferred.

In the aggravated DUI cases cited by the defendant, there was absolutely the requirement that a defendant knew or should have known of a suspended license. However, one of the cases explained that a suspended license was difference because public policy supported the proposition that a driver must know of his lack of license in order to be punished for driving without one. There could be problems of mistaken identity or voiding of auto insurance at the Department of Transportation. The danger of unknown or mistaken suspensions was too serious to permit prosecution and conviction without a reasonable knowledge or reason to know.

The State had countered this excerpt of case law, claiming that a suspended license should be handled differently because it carried a small penalty, not the harsh consequences of a felony conviction. The court disagreed with the State, holding that the State had to prove beyond a reasonable doubt that a defendant knew or should have known of the suspension or other reasons for driving without a license.

The court vacated the conviction and sent it back to the lower court for a new trial. If you are charged or convicted with any type of DUI, you should consult with an experienced attorney to improve the outcome. 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:

• Arizona Revised Statutes
• Drug DUI and Super Extreme DUI laws
• Arizona 2012 Statewide DUI Enforcement Statistics
• Mothers Against Drunk Driving

More Blogs

• Felony DUI Laws and Penalties in Arizona, Phoenix DUI Lawyer Blog, July 1, 2013
• Arizona Supreme Court: DUI Partition Ratios Evidence Admissible, Phoenix DUI Lawyer Blog, August 27, 2012

A recent Marijuana DUI dismissal was overturned in favor of the state and moved for continued prosecution in the Arizona Court of Appeals.

The main legal issue was whether or not a motorist could be prosecuted for Marijuana DUI when the only evidence revealed on a blood test was an inactive chemical compound in Marijuana. In this case, the drug compound was one that does not cause impairment, “Carboxy-THC”. This is a residual compound known to stay in a person’s blood stream for 3 to 4 weeks after Marijuana use. The inactive or non-impairing compound was examined in contrast to the known active ingredient THC or Tetrahydrocannabinol. THC has been successfully argued in courts as one that causes driving impairment.

The lower court dismissed the case before appeal, on the basis that the motorist was not driving impaired. But the Arizona Court of Appeals ruled that both the active compound and the inactive compound fall within Arizona DUI Law A.R.S. 28-1381, so the motorist could still be subject to prosecution.

The impact of this ruling is that the prosecution does not need to prove that the driver was impaired. In order to prosecute the motorist for DUI with Marijuana, as long as at least one of the two compounds can be identified in the DUI blood test evidence. Another adverse impact is that a person may have used the Marijuana legally in another state, days or weeks prior to driving in Arizona, and still be arrested for Marijuana DUI.

The Arizona Court of Appeals indicated that this ruling shall not be used to set precedent. However, this presents challenges in consistency for the courts since other cases similar to this are pending prosecution.

Arizona Drug DUI Law

Currently under Arizona law A.R.S. 28-1381 a person may be guilty of DUI under the following circumstances: (1) While under the influence of intoxicating liquor or drugs while they are impaired to the slightest degree; or (2) If the person has an alcohol concentration of 0.08 percent or more, within two hours of driving or being in actual physical control of the vehicle and the alcohol was consumed either before or while driving or being in actual physical control of the vehicle; or (3) While there is any drug defined in section A.R.S.13-3401 or its metabolite in the person’s body.

A person driving under the influence of Marijuana could be arrested under items (1) or (3) depending on the circumstances of the Marijuana DUI. It is not a defense if the person is a qualified Medical Marijuana user.

Criminal Defense Attorney for Drug DUI charges Mesa, AZ

If you face any type of drug DUI charges in Arizona, you should always consult a qualified criminal attorney to discuss your case. Arizona has some of the most strict laws, and severe penalties for DUI conviction in the state. Sentencing for drug DUI charges are the same or similar to those of drunk driving. They include jail terms, suspension of driver’s license, probation, substance abuse screening and counseling; fines, fees, and assessments. Other penalties may apply. If retained an experienced criminal lawyer will protect your rights, and defend your charges. There may be defenses that you are not aware of that could lead to a dismissal of charges, or otherwise favorable outcome in your case.

Additional Resources:

• Arizona Drug DUI Laws

• Arizona Court of Appeals Division 1

• Arizona Drugs Defined Under Criminal Code

• Mesa AZ Municipal Court

• Mesa AZ Police Department

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A person may be arrested in Arizona for a DUI, if they are not driving drunk, and even if they have had no alcohol at all. Last year Drug impairments accounted for 15% of all DUI arrests in Arizona. Police attribute many of these to Prescription DUI violations. If a motorist is driving impaired due to Prescription-only medications solely or in combination with alcohol, they may be exposed to a DUI Arrest. Convictions for drug related driving impairments are generally as severe as those for alcohol related impaired driving charges.

Arizona Prescription Drug DUI Laws
A.R.S. 28-1381 – In Arizona it is unlawful for a person to drive or be in actual physical control of a vehicle, if the person is “impaired to the slightest degree” while:

• Under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree; • If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle; • Due to any drug defined under A.R.S. 13-3401 or its metabolite in a person’s bodily systems.

Prescription Drug DUI Penalties

A person found guilty of driving impaired due to prescription drugs will be convicted of a Class 1 Misdemeanor. Penalties first offense Drug DUI convictions include 10 days in jail; substance abuse education and screening; fines, fees, costs of $1250.00; 90 day driver’s license suspension; and probation; and Ignition Interlock Device (IID) one year. A second violation, within 7 years is a Class 1Misdemeanor. Penalties include 90 days jail; $3,000.00 fines, fees, costs; license revocation for one year; probation; Ignition Interlock Device (IID); and probation. A third DUI violation of any kind within 7 years, with two prior DUI convictions elevates a DUI to a Class 4 Felony, or Aggravated DUI to a Class 4 Felony. Penalties call for 4 months in prison for the third DUI; and 8 months for subsequent impaired driving convictions; fines, fees, costs of at least $4,000.00; driver’s license revocation for 3 years; ignition interlock device (IID) 2 years; probation or community service; and a felon criminal record.

These penalties may vary slightly, and additional penalties may apply.

Prescription Drugs Defined

A.R.S. 13-3401 (28) includes the definition of “Prescription only drug” and means; • Any toxic or potentially harmful drug as recognized in the general medical community; and • Is considered safe to use only under the supervision of a licensed and qualified medical practitioner; • Limited or approved for use as new drug under Federal Rules and medical supervision; of a medical practitioner. • Potentially harmful drugs with labeling that includes proper directions for use; • Drugs required by the Federal Rules to include labeling with the test “Federal law prohibits dispensing without prescription” or “Rx only”.

Criminal Attorney for Prescription Drug DUI defense Gilbert AZ
Arizona has some of the toughest laws and penalties for conviction in the county. If you are arrested for any type of impaired driving in Arizona due to alcohol or drugs, your future and freedom are in jeopardy. But you have the right to defend their charges, and by law are innocent until proven guilty. You should consult a criminal defense attorney, regarding your matter before deciding to plead “guilty”. If retained, a qualified legal advocate will protect your rights and defend your charges. There may be defenses you are not aware of that could lead to a case dismissal, reduction of charges, or mitigation in sentencing.

Additional Resources:

• Arizona Prescription Drug Definition

• Arizona DUI Laws

• Gilbert AZ Police DUI Enforcement Units

• Criminal Court Gilbert AZ

• Arizona MADD.org

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Law Office of James Novak 4500 S. Lakeshore Drive Tempe AZ 85282 (480) 413-1499 www.Arizonacriminaldefenselawyer.com www.novakazlaw.com Arizona DUI & Criminal Defense Firm Serving Maricopa County Phoenix-metro, and surrounding East Valley Cities

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.

Additional Resources:

• Arizona Statewide DUI Enforcement Statistics 2012

• Arizona Department of Public Safety

• Arizona Governor’s Office of Highway Safety

• State Legislature – Extreme DUI Laws

• Chandler Police Department

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Law Office of James Novak 4500 S. Lakeshore Drive Tempe AZ 85282 (480) 413-1499 Free Consultation Maricopa County DUI & Criminal Defense Firm Serving Tempe, Phoenix, Mesa, Chandler, Gilbert, & Scottsdale AZ www.novakazlaw.com

This year Phoenix AZ, East Valley, and West Valley are combining DUI Task Force Efforts to create one large task force, for better efficiency and safety.

The Special DUI Task Force will be in place for the rest of month of December 2012. A central Command Post will be set up at Devonshire Community Center. It is located at the intersections of E. Devonshire Ave and 28th Street, in Phoenix AZ. Police will also set up DUI Field Vans, with Preliminary Breath Test Units, throughout the valley.

DUI Charges

DUI charges represented the largest number of crimes in Arizona in 2011. A total of 35,505 arrests were made or 14% of all crimes committed in Arizona last year. In an effort to decrease incidents of drunk driving or Drug DUI, Maricopa County police have actively sought out DUI motorists with DUI Sobriety Checkpoints set throughout 2012. This year, they increased their presence and safety checkpoints around holidays, events, and times where high volumes of traffic were expected.

DUI Laws

Arizona has some of the toughest DUI laws and penalties in the country. A first-time DUI is a Class 1 Misdemeanor. Under A.R.S. 28-2831 it is unlawful for a person to drive or be in actual physical control of a vehicle while:

• Driving “impaired to the slightest degree” due to any alcohol or drugs;
• If the person has an alcohol concentration of 0.08 or greater within two hours of driving or being in actual physical control of a vehicle.

In Arizona the legal limit for alcohol or Blood Alcohol Content (BAC) is 0.08%. However, a person may be guilty of DUI even if their BAC was below 0.08%, if due to alcohol or drugs they were driving “impaired to the slightest degree”.

Before making an arrest, the police will conduct an investigation to determine if they have probable cause for a DUI arrest. This may include Field testing, breath testing, and or blood testing.

DUI Penalties

First-time non-extreme DUI conviction will result in the following penalties:

• 10 jail sentence;
• Suspension of driver’s license for 90 days;
• Ignition Interlock Device (IID) on vehicle following reinstatement of driving privileges;
• Fines, fees, costs and assessments of at least $1,200.00;
• Probation;
• Alcohol/drug abuse education and counseling which will reduce jail time to 24 hours if successfully completed;

The higher the Blood Alcohol Content (BAC) level found in a person’s system, the higher the penalties.

Laws and sentencing are more severe for repeat offenses. If a person is found guilty of a third DUI within 7 years, even if the prior DUI charges occurred in another state, they will be convicted of an Aggravated DUI which is a Class 4 Felony. Penalties for Felony DUI call for:

• 4 months in prison;
• Fines, fees, and assessments of S4,000.00;
• Driving privileges revoked for 3 years;
• 24 months of IID after reinstatement of license;
• Parole;
• Drug and Alcohol counseling and treatment;
• Community Service
• Felony criminal record

Criminal Defense Attorney for DUI Charges in Phoenix AZ

If you face DUI charges of any kind you should always consult a DUI Attorney before pleading guilty or appearing in court. Even though you were arrested, you have the right to retain an attorney and defend your charges. Your legal advocate will protect your rights; provide a defense; and work to resolve your matter as favorably as possible.

Additional Resources:

• Arizona DUI Laws

• Arizona Department of Public Services (DPS) – 2011 Crime Statistics

• Phoenix Police Department

• City of Phoenix – Municipal Court

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Law Office of James Novak 4500 S. Lakeshore Drive Tempe AZ 85282 (480) 413-1499 Free Consultation Maricopa County DUI & Criminal Defense Firm Serving Tempe, Phoenix, Mesa, Chandler, Gilbert, & Scottsdale AZ www.novakazlaw.com

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

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

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

Arizona Drug DUI Laws

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

• Alcohol;
• Drug, or toxic substance (including over-the-counter, prescription, other legal or illegal drugs; or
• Any combination of liquor, and drugs First offense drug DUI charges are treated are very similar to those of an alcohol DUI with a BAC of 0.08%, and categorized as a Class 1 Misdemeanor. Penalties for conviction include:
  • 10 days jail;
  • Fines, fees, costs of $1,200.00
  • Installation of Court ordered Ignition Interlock Device on vehicle for at least 6 months;
  • Drug/Substance abuse screening, counseling or treatment which if completed, will reduce jail term;
  • Suspension of Driver’s License for 90 days;
  • Probation and/or
  • Community Service

Super Extreme DUI laws in Arizona

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

Penalties for a first offense Super Extreme DUI include

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

Criminal Defense Attorney for Super Extreme DUI charges Gilbert AZ

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

Additional Resources:

• Drug DUI and Super Extreme DUI laws

• Gilbert AZ Police Department

• Alcohol/Substance Abuse Counseling and Treatment Providers

• Arizona Department of Health Services – Behavior Health Resource Links

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Law Office of James Novak 4500 S. Lakeshore Drive Tempe AZ 85282 (480) 413-1499 Free Consultation Maricopa County DUI & Criminal Defense Firm Serving Tempe, Phoenix, Mesa, Chandler, Gilbert, & Scottsdale AZ www.novakazlaw.com

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

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

7 Basic DUI Safety Tips

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

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

Arizona DUI Laws and Facts

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

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

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

Additional Resources:

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

• National Highway Traffic and Safety Administration

• Arizona State Legislature – DUI laws

• Arizona Mothers Against Drunk Driving – (MADD)

• Arizona Department of Motor Vehicles

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Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499
www.Arizonacriminaldefenselawyer.com
www.novakazlaw.com
Arizona DUI & Criminal Defense Firm
Serving Maricopa County
Phoenix-metro, and surrounding East Valley Cities

You have probably seen the Television commercials airing the messages: “Drive Sober or get Pulled Over;” Don’t drink and drive; and “They’ll see you before you see them”. The efforts involve increased police presence, DUI Task Forces; media outreach; national and local advertisements geared at raising public awareness.

According to the National Highway Traffic Safety Administration (NHTSA) launched a new anti-impairment driving campaign to support high visibility enforcement (HVE) of police officers nationwide. The campaign is intended to help reduce drunk driving, and raise awareness about the hazards of driving impaired due to alcohol or drugs. The efforts focus combining resources:

• Community outreach programs and education;

• DUI Task Force administration guides and materials;

• Heightened Presence of Police for basic traffic safety;

• Paid media communications, advertisements and marketing;

• Social media and internet campaigns to communicate the messages

Every state has their own laws regarding the legal limit or level of impairment that will result in criminal charges. It is important that you be familiar with the laws in your state, or any state that you plan to visit or reside.

Blood Alcohol Content (BAC): Legal Limits Arizona

All states in the country comply with at least 0.08% as the legal limit. Other states have more strict legal limits for example 0.05%. Under Arizona law A.R.S. § 28-1381 A (2) a person may be arrested for DUI if their BAC is 0.08% or greater while driving or in actual physical control of any vehicle. In Arizona, a motorist may also be charged with DUI, even if the BAC is below 0.08% down to 0%. This is called being “impaired to the slightest degree” under the influence of alcohol or drugs A.R.S. § 28-1381 A (1). The penalties for DUI convictions are some of the harshest in the country. A first time Misdemeanor DUI, non-extreme BAC (below 0.15.%) conviction carries jail terms; 90 day suspension of driver’s license; Ignition Interlock Device on vehicle; mandatory drug or alcohol counseling; probation; fines and fees.

DUI Attorney for defense of charges in Chandler AZ

If you face any type of DWI or drunk driving charges, you should always consult a criminal defense attorney to discuss your matter, and defense options. It is never a good idea to go to court alone or try to go without legal representation. If retained, your lawyer will provide legal representation throughout the criminal justice process; make sure you are treated fairly; defend your charges; and look for mitigating factors that will help you avoid a conviction or harsh penalties.

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• National Highway Traffic Safety Administration – Driving Safety

• National Impaired Driving Enforcement Crackdown

• Arizoan Legislature – Arizona Revised Statutes

If you “Like” this article please let us know! Feel Free to subscribe and “Share”! Law Office of James Novak 4500 S. Lakeshore Drive Tempe AZ 85282 (480) 413-1499 Free Consultation www.Arizonacriminaldefenselawyer.com www.novakazlaw.com Arizona DUI, DWI, Drunk Driving & Criminal Defense Firm Serving Tempe, Mesa, Chandler, Gilbert, Mesa, Phoenix & Scottsdale AZ