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

One spring evening, 61 year old, Michael Wilhelm found himself in a DUI Checkpoint Line-up operated by Cape Coral Police. He was not driving impaired or under the influence of any alcohol or drugs. He asked to take a breath or blood test because instead of Field Sobriety Roadside tests (FSTs), because he was recovering from opened heart surgery. But the officers instead administered the field sobriety tests. Michael Wilhelm was arrested following the FST roadside test even before a breath test was taken. Police finally decided to do a breath test, while Wilhelm was still placed under arrest. Then while the police were preparing for the breath tests, Wilhelm began complaining of severe chest pains. He was taken to the hospital. There he requested the blood test to prove that he was not under the influence of drugs or alcohol. The hospital complied with his request. The DUI blood tests were all negative. The criminal charges were finally dismissed. He filed suit against the city and police and spent the next two years of his life in civil litigation. The case was finally settled for a meager $18,750.00 in Wilhelm’s favor. This was one of two DUI checkpoint cases for false arrests that ran concurrently against the city at that time over false arrests that took place at DUI Checkpoints.

Overview

There’s no hiding the fact that checkpoints exist to seek out impaired drivers and criminal activity that may be in progress. Yet, even though you may not be driving impaired, or engaging in a crime, being stopped at a roadblock can be not only inconvenient, but uncomfortable, and stressful. It’s natural and common for even unimpaired drivers to become anxious while in a DUI roadblock line-up. Some drivers experience a heightened sense of anxiety, and nervousness, in absence of severe medical conditions. They may fumble, or unknowingly do or say things that can often incriminate themselves. This can sometimes lead to false arrests of unimpaired drivers.

The best way to handle yourself at a DUI checkpoint, and to avoid a false arrest is to be prepared. One part of preparation is knowing your rights, both state laws and your Constitutional Rights. For example, according to guidelines by the National HIghway Traffic and Safety Administration (NHTSA) not everyone is a candidate for roadside field sobriety testing, including those medically or physically unable due to a serious medical condition or recovery from surgery. It’s uncertain as to why the police officers did not recognize that the driver in the case illustration was not a candidate. In any event, the driver tried and was arrested unjustly, due to his performance of the FST as judged by the police. States may vary with regard to field sobriety testing. In Arizona, the suspect has the right to refuse, which we will discuss in more detail below. It is unknown if they were optional but the driver was not aware of his right to refuse.

In this article we will outline some important rights you have at a DUI checkpoint; 7 Tips to avoiding false arrest; and what to do and what to expect if you find yourself in a check-point line-up.

Arizona DUI Checkpoints – Constitutionality and Guidelines

The US Supreme Court has held that DUI Sobriety Checkpoints are Constitutional. Despite this, at least 11 states prohibit them under their State Constitutions, impose limitations, or lack authority to conduct them. But in Arizona they are legal and the state recognizes their Constitutionality. In a Checkpoint stop the police can make a lawful stop in absence of having “reasonable suspicion” that a crime is in progress or has occurred, in order to pull you over.

Arizona has also, adopted many of the National Highway Traffic and Safety Administration (NHTSA) Guidelines. One of the guidelines calls for the selected stops to be made in some sort of mathematical sequence such as every car, every other car, 3rd car and so on. The NHTSA guidelines also require that the formal checkpoint be decided in advanced by city or county officials in coordination with law enforcement agencies; take place in a designated location, and be widely announced to the public using a variety of media resources, and signs visible to the public as they approach.

A DUI Checkpoint stop is different than a routine pullover stop by police due to one important element. In a routine stop, constitutional law requires that the police officer have a “reasonable suspicion” that a crime has occurred or is in progress. In other words, the officer can’t just pull you over because they have a “hunch” that someone is a red sports car, playing loud music must be driving drunk. Such a stop as described would be unconstitutional or unlawful. If an arrest ensues as a result of such a stop, the driver would have a defense for suppression of any evidence that was gathered after the stop occurred by police. The driver’s attorney would file a motion to suppress the evidence. If the presiding judge agrees to the unconstitutionality of the stop, any breath or blood tests or other evidence would be prohibited from being used against the driver in court. This usually leads to dismissal of charges.

Your Constitutional Rights at a DUI Sobriety Checkpoint

If you are stopped at a roadblock, you will be asked to produce your driver’s license and registration. This is a lawful request at a checkpoint. You are required to provide it this information as well as any other routine ID and residential information.

But you should know that license and auto registration is not the only thing the officer is looking for. They are also observing your attitude, behavior, response, and your ability and coordination skills in the process of providing it. That is part of their investigation at the stop, and the officers are trained to look for certain cues of impairment. The problem is that some of these cues may be mistaken for severe anxiety or nervousness, medical conditions, fatigue, and other circumstances, besides driving impaired due to alcohol or drugs. If the officer asks you to step out of your vehicle, or pulls you out of the line traffic to question you further, you must comply. Failure to comply with their instructions will result in other criminal charges, for example, disorderly conduct.

The police may decide ask you to participate in a DUI Standard Field Sobriety Tests (FST). These are not mandatory by law in Arizona. Most criminal defense attorneys will advise you to politely refuse the FSTs. This is because they are often inaccurate; may be difficult for unimpaired drivers to pass; and are often biased. The bias originates from the fact that the officer determines whether or not the driver is a candidate, and not all driver are according to the NHTSA guidelines. The police are also the instructors, administrators, and graders of the tests. If instruction, or administration was improper, or testing influenced by a variety of potential factors, the results are usually inaccurate.

Next the police may ask you to participate in a breath test. You can also refuse this test as well. But you should know there are civil consequences. Refusal of the tests results in a one year loss of driving privileges, even if you were not impaired. Also, the prosecution can use your refusal against you at trial. If the police have “probable cause” given other evidence available they can order a warrant from the judge on call, to draw your blood to test it for drugs or alcohol without your consent. Usually, you will be taken to a nearby police or command station where the blood will be drawn by trained and certified phlebotomy personnel.

7 Tips Avoid Raising “Reasonable Suspicion” or False Arrest

Of course, it goes without saying the safest way to avoid raising reasonable suspicion; probable cause; and avoiding arrest is to drive unimpaired, and not under the influence of toxic drugs or alcohol. But even that won’t guarantee you that you will not be falsely accused or arrested. Knowing your rights, and how to handle yourself during a checkpoint stop, however, will decrease your chances of a false arrest. Here are 7 important tips which include some important rights Constitutional protections:

• Try to stay as calm as possible. Keep in mind this is routine and everyone in the line is going through the same thing. You are not a suspect, just a number in the line-up.

• Do not joke around with the police, or complain about the checkpoint or being stopped. Try to remember the police officer is just doing his or her job. Be polite, courteous and respectful.

• Before you get to the checkpoint, instruct all passengers to remain quiet through the entire process. It is your future and freedom on the line. However, sometimes the police will attempt to engage in conversation with the passengers, especially if the officer suspects underage 21 drinking violations. The officer does not have the right to begin questioning them, but does have the right to interact with them. However, this is a known strategy used to prompt suspects to talk and say something that will incriminate them.

• Make sure your Driver’s License and Vehicle Registration are valid and current. Upon request by the officer, you must provide your driver’s license, vehicle registration. You must also answer routine ID and resident questions. Produce your license and registration as requested timely and without question. Always know where your Driver’s License and Registration on your person or in the vehicle, so you do not have to fumble, or become frustrated if they cannot be located.

• Often, the officer will begin to engage in cordial discussion with you as the driver. You do not have to say where you have been or where you are going. Do not offer any information about having had any alcohol or drugs or when you did last, if you did either recently, days or weeks ago. You don’t have to tell them when you last ate, drank or slept. Do not offer information about any medical conditions you may have, over-the-counter or prescription medications you may have in your possession to treat them. Remember what may seem innocent as far as questions and answers may lead to self-incrimination.

• The Fourth Amendment protects a person from unlawful search and seizures unless they voluntarily consent to the search; the police have warrant to search; or officers have “Probable Cause” to believe they will find evidence suggestive of criminal activity. You should never voluntarily consent to a search or seizure of your vehicle or anything inside of it, without a warrant for probable cause. Refuse politely, and respectfully, and explain that you are familiar with the protections provided by the Constitution related to search and seizures to vehicles. If the officer persists in the search, you must remain calm and non-combative. Never raise your voice, or physically try to stop them. To do so, may prompt them to use force if they feel they have probable cause to proceed with the search. Failure to follow this advice may result in physical harm to you by police, and additional criminal charges. These may include but are not limited to disorderly conduct, felony assault, obstructing justice, or other charges. You can always deal with the unconstitutional search after the incident through a criminal defense or civil rights attorney depending on the circumstances.

• The driver is in control, and must set the rules. Never allow passengers to have or carry opened alcoholic beverage containers in your vehicle. Let them know your rules in advance of leaving for your destination. Simply explain that you do not wish to transport opened alcohol containers, drugs, or drug paraphernalia in your vehicle. It’s not easy to say to a friend, especially in light of peer pressure. But it’s your responsibility as the driver to enforce your rules.

Chandler AZ and East Valley Task Forces/Saturation Patrols Announced

The State of Arizona has continued to see impaired driving incidents rise sharply over the last 7 years. Even more alarming is the fact that average Blood Alcohol Content (BAC) level of those arrested has been to the Extreme (0.15 percent BAC). Prescription drug DUI charges have also continued to rise, as well as underage drinking. The most recent statistics reported by Mothers Against Drunk Driving (MADD) reveal that there were 227 drunk driving fatalities in 2012, which represented nearly 28 percent of all Arizona traffic fatalities. This was also a 7 percent increase from the prior year.

As a result the Arizona Governor’s Office of Highway Safety (AGOHS) along with law enforcement agencies, city and county officials throughout the state have combined efforts, and additional resource funding to increase police presence, to combat impaired driving.

The Chandler AZ Police Department announced its DUI task force for the July 4the weekend. It began on Thursday July 3rd and will run through Saturday July 5, 2014. Chandler, Mesa, and Gilbert AZ officers will also be conducting East Valley saturation patrols in all three cities during this time, in select locations. Saturation patrols are organized patrols consisting of an overwhelming number of officers, within designated locations and cities seeking out impaired drivers, under the influence of drugs or alcohol.

The DUI Command Posts for the tri-city effort will be set up at 1950 S. Country Club Drive in Mesa AZ. Expect checkpoints and saturation patrols can be expected at areas that will be holding lawful and formal firework displays; roadways to popular swimming, parks, and other water recreation such as the Salt River, and Lake Pleasant. DUI

Attorney for Defense Chandler AZ

Any violations of impaired driving laws in Arizona are serious. Convictions result in criminal penalties that include jail, loss of driving privileges, fines, fees, alcohol/substance abuse counseling, installation of Ignition Interlock Devices upon reinstatement of your driver’s license, and other penalties. To go to court unrepresented, usually leads to a swift and harsh criminal conviction. You should always consult a qualified and experienced criminal defense lawyer to represent you. They will defend your rights, make sure you are treated fairly, and in some cases may be able to apply defenses specific to your case that will lead to a favorable outcome. This may include reduction of charges and sentencing, avoidance of jail terms, and a partial or total dismissal of charges. You chances of getting any favorable outcome will increase with proper legal advocacy. If you or a loved one faces impaired driving charges, you should in the least consult a criminal attorney to discuss your options for defense. The Law Office of James Novak defends drivers who have been arrested for impaired driving in Tempe, Mesa, Chandler, Scottsdale, Gilbert, and Phoenix AZ. James Novak is a former DUI and Criminal Prosecutor for Maricopa County who has been practicing exclusively in defense. Call today to discuss your defense options and speak with James Novak directly if you face active charges.

Additional Resources

• Chandler PD Announcement DUI Checkpoints July 4th 2014

• Implied Consent Laws Arizona – Breath Test Refusals

• Mothers Against Drunk Driving – East Valley, Arizona Offices

• Arizona Governor’s Office of Highway Safety 2013 DUI Statistics Other Articles related to this topic by Law Office of James Novak

• Facts about Safety Checkpoints

• DUI Arrest without Breath, Blood, or other Chemical Testing

• Differences Between Checkpoint Stops, and Pull Over Stops

• DUI Checkpoint – False Arrests Lawsuits Settled

Phoenix AZ court’s Search Warrant Center is available 24 hours a day, 7 days a week for police to obtain a warrant via “eSearch”. According to Phoenix Police, an officer can now obtain a search warrant within minutes. So the fact that the body’s Blood Alcohol Content (BAC) levels naturally decrease over time should not compel police, to bypass a search warrant. This is because the BAC levels take hours to decline, and will not be reduced drastically within 10 minutes.

Recently, the Supreme Court ruled 8-1 that police must obtain a warrant before forcing someone suspected of drunk driving to take a blood test. The US Supreme Court’s decision was that the mere fact that the body reduces BAC levels over time, is in and of itself not an “exigent” circumstance, and that each case should be decided based on it’s own set of facts.

Generally, a warrantless search of a person (including invasive searches of the body like a blood test) is considered reasonable if it falls into a recognized exception to the Fourth Amendment right to be free from unreasonable searches and seizures. In Arizona, the police are required to obtain a warrant in order to proceed with a blood test.

One such exception exists when the “exigencies of the situation” present such a compelling law enforcement need that it is objectively reasonable for an officer to bypass getting a warrant. The Supreme Court found no such exception here.

The case arose when a state trooper saw the defendant driving erratically. When the state trooper pulled him over, the defendant refused to take a Breathalyzer test, so the officer drove him to a nearby hospital and ordered him to take a blood test to measure his alcohol levels.

The officer did not seek a warrant to test the defendant’s blood and it turned out he had very high blood alcohol levels. When the defendant was put on trial, he moved to suppress the results of the blood test on the grounds that it had violated his Fourth Amendment rights.

The State of Missouri argued that the officer’s failure to obtain a warrant was due to exigent circumstances that demanded he depart from the usual rule requiring a warrant. According to the State, because alcohol in the bloodstream slowly and predictably reduces with time, the evidence of the defendant’s DUI would be lost or destroyed during the time it would have taken to get a warrant. Missouri’s guidelines apparently allowed police officers broad discretion about whether to order a blood test under such circumstances.

The Supreme Court disagreed with the State’s argument, stating that under most conditions, there is enough time to get a warrant to test blood by using email or cellphones to contact the magistrate. Justice Sotomayor wrote that whether an emergency made it necessary to forgo the warrant would have to be decided on a case-by-case basis with justification being offered in court later.

Around the same time that the Supreme Court heard this case, Phoenix police sped up the search warrant process by installing a program in all police patrol car computers called eSearch Warrant Application. This allows an officer to send a warrant from the car directly to a judge, who can approve or reject the document on a laptop from the bench. The application was first installed in seven police DUI vans last fall.

The expediency of the warrant process using this software application makes it more critical than ever that if you are pulled over for drunk driving, you call an experienced Phoenix DUI lawyer to handle your case. Contact the experienced Phoenix DUI attorneys of The Law Offices of James Novak at (480) 413-1499 to build a solid defense.

Additional Resources

• Arizona DUI Laws
• Arizona Governor’s Office of Highway Safety
• National Highway Traffic and Safety Administration

More Blogs

• Prescription Drug DUI Charges, Phoenix DUI Lawyer Blog, January 28, 2013
• Marijuana DUI: The Impact of Montgomery v. Harris in Arizona, Phoenix DUI Lawyer Blog, March 13, 2013

Enforcement of Arizona’s tough DUI laws tend to ramp up in May, especially over Memorial Day weekend and around graduation festivities. Last year, police arrested 3,129 people for DUIs between May 1 and May 31st, 556 of those arrests were made over Memorial Day weekend.

Police agencies statewide have joined together over the past month to patrol for people who are drinking and driving. These efforts are funded by grants from the Governor’s Office of Highway Safety, which also funds training for field sobriety tests, blood draws, drug recognition and equipment.

Tempe Police is at least one law enforcement agency that announced heightening enforcement from May 24th through May 27th. They have committed increased patrols and mobile units throughout the city and will be saturated in downtown Tempe AZ. Minor Consumption violations and prevention are a main focus.

Arizona Department of Public Safety (DPS) reported that last year at this time 5 fatalities resulted from 4 separate collisions, and 85 people were injured. Arizona DPS indicated that impaired driving due to alcohol or drugs was one of 4 main causes of fatalities and serious injuries. Other causes included speeding, seat belt violations, and fatigue or drowsy driving. And while it was not mentioned in the AZ DPS press release, some recent studies and reports show that “texting while driving” is also one of the main causes of motor vehicle fatalities and serious injuries.

It announced late last week that it will be “especially vigilant” on the state’s highways for this weekend to reduce the number of fatalities, injuries, traffic, and impaired driving violations. The AZ DPS is reminding everyone to be patient on the roadway while driving, get enough rest before trips, and obey traffic and seat belt laws, and refrain from drinking and driving; and “texting and driving”.

Tips from the police for the weekend include using public transportation or a completely sober designated driver. All drivers should be aware that in Arizona, adults can be arrested for drunk driving even if their Blood Alcohol Content (BAC) is below .08, if they are impaired to the slightest degree by the amount they drank.

Over Memorial Day weekend, particularly at family outings, some parents may let their older teenagers drink. While some states allow those under 21 to have a BAC of .01 or .02, Arizona has a zero tolerance policy for drunk drivers under the age of 21. Those under 21 may not even have even a BAC of .01%. A relatively recent case looked at the issue of blood tests for BAC for juvenile drivers, and the facts of the case are worth considering if you are a teenager or a parent.

In that case, a monitor at a seventeen-year-old defendant’s school smelled marijuana on his clothing in 2012. The monitor searched the vehicle the defendant and his friends had driven to school and found drug paraphernalia. School officials reported this to the police and the sheriff arrived and advised the defendant of his Miranda rights. Nonetheless the defendant admitted that he and his friends had smoked marijuana away from campus and driven back.

The defendant was arrested and charged with drunk driving. The sheriff read him admonitions related to the implied consent law for blood tests and the defendant agreed to submit to testing. His parents were called and came to the school. Meanwhile, the defendant’s blood was tested without his parent’s consent. His parents were told he was caught smoking marijuana and arrested, but weren’t asked for permission to test the blood that had been drawn.

Before a delinquency hearing, the defendant moved to suppress the blood test results. He argued that, as a minor, he lacked the legal ability to consent to testing. The juvenile court granted his motion, reasoning that the Arizona Parents’ Bill of Rights includes the right to consent before a minor’s blood is tested, notwithstanding Arizona’s implied consent law. It also found that the defendant’s consent hadn’t been voluntary.

The State appealed the juvenile court’s decision. The State argued that the Parents’ Bill of Rights was inapplicable because the parental right to consent did not prevent law enforcement officers from acting in their official capacities within the scope of their authority.

The appellate court reasoned that anybody who operates a motor vehicle in Arizona, including minors, gives consent to alcohol testing of blood, breath and urine in the context of a DUI allegation. Although someone cannot be blood tested in a DUI stop without a warrant, drivers are already assumed to have given consent. They can withdraw the consent that has been given, but they face penalties for doing so.

During gatherings, and festivities where adults are drinking, it can be tempting to let your teenager drink just one beer as well. However, the consequences in Arizona are quite severe and you should talk to your teen about Arizona’s zero tolerance policy for underage drinking. If you or someone you love has been accused of or charged with a DUI, contact the experienced Phoenix DUI attorneys at The Law Offices of James Novak at (480) 413-1499 to build a solid defense.

More Blogs

• AGOHS Announces Holiday DUI Task Force Conference, Phoenix DUI Lawyer Blog, November 5, 2012

Additional Resources

• Arizona DUI Laws
• Mothers Against Drunk Driving
• Arizona Underage Drinking and DUI Laws

Arizona has tough DUI laws. They may get tougher, but not by much. The National Transportation Safety Board (NTSB), an independent federal agency, recently recommended, among other things, that the blood alcohol threshold be dropped from .08 BAC to .05 in all 50 states. Those drivers whose blood alcohol content (BAC) is 0.08 are presumed under Arizona and other state laws to be impaired.

The NTSB is an investigative agency. It doesn’t have the authority to institute the changes. It is up to the Department of Transportation whether it wants to endorse this recommendation or not. States will each have to decide whether to accept the recommendation from NTSB. If the NTSB gets support from the Department of Transportation and other states, they will be closer to Arizona’s current policies against drunk driving.

The American Beverage Institute (ABI) and the National Restaurant Association (NRA) took offense to this recommendation. They believe that a lower BAC targets moderate drinkers in addition to drivers who are actually drunk. A representative of ABI said, “Moving from 0.08 to 0.05 would criminalize perfectly responsible behavior.”

ABI points to research indicating that less than 1% of over 32,000 traffic fatalities in 2011 were caused by drivers with a BAC between .05 and .08. Moreover, those with twice the current BAC (a BAC of .15 or higher) cause more than 70% of the drunk driving deaths.

NTSB argues that the research shows you start to be impaired in cognitive and visual abilities around .05, not. 08. This increases the likelihood of a serious crash. Most countries seem to agree, since they have BAC limits at .05 or lower. But NTSB, an independent federal agency, said research shows most drivers suffer impairment of cognitive and visual functions like depth perception at a BAC level of 0.05, increasing the risks of a serious crash. According to the agency, the risk of having an accident increased substantially at .08.

More than 100 countries have BAC limits set at 0.05 or lower, according to the agency. According to another source, the U.S., Canada, and Iraq are among the small group with a BAC threshold of .08. Most European countries, most South American countries and Australia have set their BAC levels for purposes of assessing drunk driving to .05.

A representative of the AZ Governor’s Office of Highway Safety has stated that this new federal law won’t affect Arizona, claiming Arizona has “Not only the toughest laws in the country, but the toughest enforcement in the country.” He believes this extends to Arizona’s policy on driving while using drugs, too.

Arizona has passed a number of laws that are harsher than the DUI laws in other states. Among them is a law that says even if motorists have a blood alcohol level below .08 they can be cited if they are impaired.

A recently passed law requires first time DUI offenders to install an Ignition Interlock Device (IID) in their car or other vehicle for six months. An IID requires a driver to pass a breathalyzer test before being permitted to start the vehicle. According to Mothers Against Drunk Driving, the number of drunk driving fatalities has dropped 46% since 2007.

ADDITIONAL RESOURCES

• NTSB Safety Report on Eliminating Impaired Driving
• Arizona DUI Laws
• Arizona MADD.org

A DUI conviction in Arizona carries many serious penalties. If you are pulled over or charged with a DUI, you should contact an attorney with experience in DUI defense. It can make a big difference. Contact the Arizona DUI attorneys at the Law Offices of James Novak at 480-413-1499.

MORE BLOGS

Marijuana DUI: The Impact of Montgomery V. Harris in Arizona, Phoenix DUI Lawyer Blog, March 13, 2013 Prescription Drug DUI Charges, Phoenix DUI Lawyer Blog, January 28, 2013

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

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

Arizona is one of a majority of states with Preliminary Breath Test (PBT) Laws.

The PBT is a small mobile device used to establish the presence of alcohol in a person’s system. The PBT is intended to be used as an early detection or screening tool by police. Arizona does not allow a PBT to be admitted as evidence in court against a person accused of DUI, because the machines historically are not considered accurate in measuring exact Blood Alcohol Content (BAC) Levels. In addition, PBT units are not calibrated or routinely maintained like the official Breath Tests Machines.

Arizona Portable Breath Test (PBT) Law

Under A.R.S. 28 § 1322 Preliminary Breath Test law a police officer who has reasonable suspicion to believe a person is driving under the influence of drugs or alcohol has authority to request that a person submit to a preliminary breath test.

Under this law, the officer may also require the person to submit to further testing pursuant to the Implied Consent Law A.R.S. 28 § 1321. This includes DUI blood, breath, urine testing.

5 reasons PBTs are commonly used in Arizona

The National Highway Safety Administration recognizes that although the PBT is useful, it is not admissible as sole evidence to determine BAC; but is generally reliable in determining if any alcohol at all is present in a person’s system. Arizona courts do consider PBT evidence to be admissible in court as evidence against a defendant facing DUI charges. Below the police may likely choose a PBT in a DUI field investigation:

• To determine or rule out DUI influence of alcohol v. drugs;
• Drivers who may have a high alcohol tolerance level, and can perform field sobriety tests or other tasks to a greater degree than those with lower tolerance levels;
• To detect if an underage 21 person is under the influence of any alcohol in violation of the state’s Zero Tolerance law;
• As a preliminary DUI screening test only; and if positive, will be followed up with an Official Breath Test Machine.
• At the scene of a DUI collision where the driver is suspected of DUI, but has been injured and is unable to perform Standard Field Sobriety Tests (FSTs).

Criminal Defense for DUI Chandler AZ

Arizona laws and penalties are some of the toughest in the country. If you have been arrested for any type of DUI you should always consult a qualified criminal attorney to discuss your charges. You should do this before you appear in court or plead guilty to the charges. You have the constitutional right to defend your charges, and this is done by pleading not guilty and retaining proper legal representation. There may be defenses that you are not aware of that if used, may lead to a dismissal of charges, sentencing, or other favorable outcome in your case.

Additional Resources:

• Arizona State Legislature – Portable Breath Test Laws A.R.S. 28 § 1322

• Arizona State Legislature – Implied Consent Laws A.R.S. 28 § 1321

• Arizona Department of State – Public Safety – Determining Alcohol Concentration

• Arizona Governor’s Office of Highway Safety – DUI laws

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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

• Don’t drink and drive or you will be arrested;
• Don’t drive if you are under the influence of any medication with potential to impair driving;
• Assign a designated driver or plan for alternative transportation;
• Buckle up or citations will be issued; • Don’t speed or you will be cited;
• Be aware of increased traffic throughout the Labor Day Weekend;
• Expect closures and delays due to auto accidents or construction;
• Take along plenty of drinking water and supplies in the case of an unscheduled closure;
• Do not drive without valid driver’s; registration; auto insurance, and valid plates;
• Be prepared for changing weather conditions to and from your destination;
• Get a good night’s rest before you leave for your destination if you’ll be driving;
• Be prepared and use caution in reduced speed limit zones;
• Use caution in merging traffic lanes;
• Drive defensively; don’t assume all other drivers will obey traffic and safety laws, and stop at red lights;
• Expect the unexpected;

These are just the fundamental laws of driving. But lack of adherence to these laws and tips, can result in serious automobile accidents, injuries, and fatalities.

DUI Charges in Phoenix AZ

Drunk Driving, DUI – DWI or Drug DUI charges are serious criminal offenses under A.R.S. § 28 – 1381 in Arizona. If charged you will face both civil penalties that include suspension of driver’s license, in addition to any other traffic citations if they apply. Driving impaired to the slightest degree due to alcohol or drugs will result in criminal charges. Penalties for convictions include 10 days jail; ignition interlock device on your vehicle; mandatory drug or alcohol screening and counseling; probation; fines; fees; and suspension or loss of driving privileges. You should always consult an experienced criminal defense attorney if you face active charges to discuss you matter and defense options. If retained, they will defend your charges, protect your rights; make sure you are treated fairly; and work to protect your future and freedom. Often there are defenses that can be used that may lead to a dismissal of charges, or other favorable outcome in your case.

Additional Resources:

• Arizona Department of Transportation;
• Arizona Department of Public Safety;
• Governor’s Office of Highway Safety;
• Arizona Legislature

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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 Serving Tempe, Mesa, Chandler, Gilbert, Mesa, Phoenix AZ Free Consultation! Call (480) 413-1499

• Arizona Medical Marijuana laws are preempted by the federal Controlled Substances Act (“CSA”);
• Imminent threats of seizures and closures of dispensaries in Arizona by the U.S. Attorney exist;
• State employees involved or who participate in conduct that is in violation of Federal offenses is compelling enough to take immediate action to halt of ADHS licensing.

Despite the fact that Governor Brewer did not support the passage of the Arizona Medical Marijuana Act (AMMA), she feels strongly she has a duty to support its’ existence which was voted into law by the people of Arizona. She stands on firm ground with her decision, and will move forward with implementation until and unless she is notified by the higher Court that State employees will be prosecuted by administration of the law within their duties.

Arizona Laws

As it stands now Medical Marijuana laws allow for, among other things the following provisions:

• No limit exists as to the amount an approved and licensed dispensary may grow;
• Qualified Patients with valid Medical Marijuana cards may purchase 2.5 ounces every two week.

Arizona Drug DUI and Marijuana DUI Laws

All medical marijuana users should understand that although they are qualified users, with valid cards, that do not prevent them from being arrested for Drug DUI. Under A.R.S § 13-3401, any person “driving impaired to the slightest degree” due to the influence of alcohol, drugs, or Marijuana, they may still be charged with a DUI. The other fact to keep in mind is that Marijuana stays in the blood stream much longer than alcohol. So even in small amounts, it may show positive on DUI blood or chemical testing days or even weeks after it was smoked or ingested.

Consequences of DUI with Drugs or Marijuana DUI

If you are arrested in Arizona for a Drug DUI, or Marijuana DUI you should consult a criminal defense attorney to discuss your matter and defense options. Penalties for Marijuana DUI Convictions are as severe as those for Alcohol related DUI charges. They carry mandatory jail sentencing; suspension of driver’s license; probation; alcohol/drug education, counseling and screening; fines, fees, and assessment costs. You should retain proper legal representation for your charges. They will make sure your rights are protected; that you are treated fairly; and work to get the best resolution in your case. Favorable outcomes may include dismissal of charges, reduction of sentencing; avoidance of jail or other harsh penalties.

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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 Department Health Services

Letter requesting AMMA Halt:

Answer from AZ Governor Brewer

Aggravated Factors” are those circumstances that elevate a Misdemeanor DUI to a Felony DUI under ARS § 28-1383 and include:

• Two prior DUI Conviction from any state in any state within in 7 years;
• DUI while driving with a suspended or revoked license;
• Drunk driving or driving impaired due to alcohol or drugs, with a minor, age 15 or under, in the vehicle;
• DUI with accident that causes serious bodily harm to another person;
• DUI manslaughter – When the DUI and Auto accident results in a fatality of another Felony DUI Penalties for 3rd DUI charge with two conviction in 7 years

Felony DUI charges are a class 4 felony. These convictions call for the following penalties under ARS 28 § 1383:

• 4 months in prison for 3rd DUI conviction/ months in prison for subsequent;
• Fine at least $750
• Assessment fees $3250.00
• Abatement fees
• Evaluation Costs
• Drug or Alcohol Treatment & Counseling Costs
• Probation and associated fees
• Driving Privileges may be revoked for up to 3 years
• Mandatory Court ordered Ignition Interlock Device (IID) 3 added to your vehicle at your expense, following reinstatement of license
• Court ordered drug or alcohol rehab or counseling treatment, and their costs
• Mandatory Community Service
• Criminal Record to include a Felony
• Restitution if an accident or injury was involved
• Other penalties may be apply if the Court deems necessary and appropriate

DUI defense attorney Tempe AZ

If you face Tempe DUI charges, you should consult a qualified criminal defense attorney regarding your matter. They will provide you with information concerning your charges, as well as your defense options. Arizona has harsh penalties for DUI charges. It is important that you understand the consequences before “pleading guilty” without proper legal representation. If you wish to invoke your right to retain an attorney on your behalf, you should “Plead Not Guilty” at your Arraignment. If you are not being represented, you must appear for your Arraignment. Failure to appear will result in a bench warrant for Arrest. If you hire legal counsel, they will advise you further regarding the proceedings. If retained your attorney will protect your rights, defend your charges, and work to get the best possible outcome in your case.

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

Binge Drinking Defined:

The Medical community defines “Binge drinking” as consuming 4 to 5 alcoholic beverages in a very short period of time. It is usually the result of a person drinking “shots” in a row of alcohol. This includes 12 ounce bottle or can of beer; 3 to 5 ounces of wine; 1 to 1.5 oz. of 80-86 proof distilled liquor. It results when any or any combination of these are consumed within a short time span, such as within an hour or even a few hours.

Alcohol Poisoning

Alcohol poisoning is the result of the body’s inability to metabolize a large quantity of liquor. Alcohol is processed by the body’s liver. It takes about one hour for the body to process it, and in some cases, two hours. So the body is still trying to metabolize liquor well after a person has their last drink. Other factors that contribute to metabolic speed include food consumed; a person’s height and weight; age; tolerance level; medical conditions, and drugs. It may cause seizures, hypothermia; vomiting; unconsciousness; dizziness and confusion; and even death. It can happen to someone drinking for the first time; occasionally; or frequently. Long term binge drinking may cause liver damage, kidney failure, harm memory, and cause other chronic and severe illnesses.

DUI – DWI Laws and Binge Drinking:

Quick Facts Binge drinking is highly prevalent among under Underage 21 drinkers. However, adults often engage in it as well, particularly around holidays, weekends, and other celebrations where liquor is served. If you plan to drive after drinking, in the least you should be aware of the following:

1) It is against the law to drive if you are “impaired to the slightest degree” due to drugs or alcohol (A.R.S. § 28-1381 A. (1);

2) It is against the law to drive with a Blood Alcohol Content (BAC) of 0.08% or greater(A.R.S. § 28-1381 A. (2);

3) Alcohol levels continue to rise as well after a person has their last drink and may peak when you get behind the wheel of a car, or while driving;

4) Drinking 4 to 5 shots in a row could result in life threatening alcohol poisoning as well as DUI .

5) Drinking one alcoholic beverage per hour, will reduce your chance of getting alcohol poisoning. However, it may not avoid your chances of being arrested for DUI.

DUI lawyer Tempe AZ

If you are arrested for DUI you should contact a DUI attorney to discuss your matter and defense options. Arizona penalties for DUI convictions are harsh. There may be defenses you are not aware of to help you get a favorable outcome in your case.

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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, DWI, Drunk Driving & Criminal Defense Firm Serving Tempe, Mesa, Chandler, Gilbert, Mesa, Phoenix & Scottsdale AZ Free Consultation! Call (480) 413-1499

In Arizona, under A.R.S. § 28-1381 and A.R.S. § 28-1382 a person a person may be charged with a DUI if they are impaired due to alcohol or drugs, and in “Actual Physical Control of a Vehicle (APC)”. A Supreme Court decision Arizona v. Zaragoza actually made it easier to charged persons who are not actually driving with a DUI. It held that in determining if a person is in APC, a totality of circumstance supported by evidence of whether a person is currently or imminently in control of a vehicle; and whether or not that control presented a real danger to themselves or others. The Supreme Court stated that although the State of Arizona did not define APC, it could be considered on a case’s own merits based on the totality of certain factors.

AZ DUI Laws: Determining Factors for Actual Physical Control of a Vehicle

Under A.R.S. § 28-1381 and A.R.S. § 28-1382: It is a violation of the law for a person to drive or be in actual physical control of a vehicle while impaired, due intoxicating alcohol or drugs. Since AZ DUI Laws do not define this standard, alternative jury instructions were provided by the court in Arizona v. Zaragoza. The jury used these guidelines to conclude their verdict. These guidelines are currently being used. (List not all inclusive):

• Whether or not the vehicle was running;
• Whether or not the key was in the ignition;
• Whether or not the ignition was turned on;
• Where the key to the ignition was located;
• Where the driver was found in the vehicle by police;
• What position the driver was found in;
• Conscious state of the person, awake or sleeping;
• Whether or not the vehicle’s headlights were on;
• Where the vehicle was found or stopped;
• Location of the vehicle;
• Whether it appeared that the driver pulled over voluntarily or not;
• Day or night, and time the person was found;
• Climate and Weather conditions;
• Whether the vehicle’s heat or air conditioner was running; Windows down or up;
• Any other reasonable explanation that can be supported by the evidence for a reason the driver was found under the circumstances.

DUI Lawyer Tempe AZ

The penalties in Arizona are a harsh as the DUI laws are strict. All DUI convictions currently result in jail terms, ignition interlock devices on vehicles, alcohol/drug counseling and treatment. If you or someone you know were arrested for DUI charges, you should consult an experienced criminal defense attorney to discuss your case, and options for defense. There may be defenses you are not aware of that if used, may help you get a favorable outcome in your case; avoid jail time; and help you get your driving privileges reinstated.

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 Serving Tempe, Phoenix,Mesa, Chandler, Gilbert, Mesa, Scottsdale, AZ Free Consultation! Call (480) 413-1499