Recently, an Arizona appellate court considered an important case where the Justices reviewed what it takes to prove this affirmative defense.

This article sheds light on some important related criminal law and defense topics:

• 3 ways a person facing Medical Marijuana DUI charges may establish an affirmative defense;
• The burden of proof for an Affirmative Defense;
• 10 other common challenges for Marijuana DUI charges;
• How a criminal attorney can defend your Marijuana DUI charges

Overview of Arizona Court of Appeals Opinion

The incident began after the defendant was stopped by police for allowing his vehicle to drift slightly into the next lane.

When an officer approached the car, he smelled marijuana.

The defendant told the officer he’d been speaking to someone else in the car and moved the car back into place after he realized it drifted across the line.

The officer saw that the defendant’s eyes were watery and bloodshot. He asked the defendant when he’d last smoked marijuana.

The defendant told the officer he had smoked marijuana that morning just after he woke up.

During one of the DUI field sobriety tests, the officer reported that defendant had body and eye tremors.

The suspect was charged with driving under the influence of marijuana or its metabolite under A.R.S. § 28-1381(A)(3), and impaired driving to the slightest degree under A.R.S. § 28-1381(A)(1).

Before the trial began, the prosecution tried to keep out evidence that the defendant had a medical marijuana card.

The defendant argued that it was unfair for the jury to think it was illegal for him to smoke marijuana.

Before the Arizona Supreme Court ruled on another important medical marijuana card case (Dobson), the State’s motion to exclude the evidence was granted on the ground that the medical marijuana card was irrelevant.

At trial, the prosecution hired an expert who testified the defendant had 26.9 ng/ml of THC in his blood.

The defendant also retained an expert witness for his defense.

The defense expert testified that there was no agreement about the concentration of THC that would impair a person.

That expert also testified that what the defendant had in his body was a quantity that would impair some people, but might not impair everyone.

The jury acquitted the defendant of impaired driving under Arizona’s DUI law 28-1381(A)(1).

However, the jury convicted him of driving with marijuana or its metabolite in his body under § 28-1381(A)(3). The judge sentenced him to 180 days of incarceration, with half the term suspended.

The defendant appealed his conviction for driving under the influence of marijuana, to the superior court. The superior court reasoned that even if it was a mistake for the municipal court to prevent the defendant from mentioning his medical marijuana card, the defendant hadn’t shown he could get an expert who would testify he wasn’t impaired at 26.9 ng/ml. The defendant petitioned by special action to the appellate court. The appeals court looked at the recent Arizona Supreme Court decision in Dobson, which explained that the immunity provided by AMMA was not absolute. In Dobson, it was not enough for a qualified user to simply present their medical marijuana card to establish an affirmative defense.

The court noted that under A.R.S. § 36-2802(D) (2016), a medical marijuana cardholder could be prosecuted in some circumstances, but not solely for driving with the presence of marijuana or its metabolite in their body.

The court explained that a qualified patient could establish an affirmative defense by proving by a preponderance of the evidence that (1) he was using medical marijuana as authorized by AMMA, and (2) the metabolite was in a concentration that was not enough to impair him while driving.

The appellate court found that the municipal court had made a mistake in preventing the defendant from submitting evidence to support this affirmative defense.

The appellate court explained that when a defendant raises the affirmative defense, the question is whether the cardholder was impaired, rather than whether the amount of THC in his blood is enough to impair anyone else.

Additionally, the court explained that nothing in the statute required the defendant to present expert testimony on whether he was impaired because of THC.

The defendant simply had to establish that the metabolite in his body was not enough to impair him at the time he was in control of the car, by offering any admissible evidence. Accordingly, the conviction was vacated.

3 Ways to Establish an Affirmative Defense for Medical Marijuana DUI

While the Arizona Appeals Court did not address all types of evidence that can be used by a qualified patient to establish an affirmative defense, it provided some much-needed clarity.

The three ways that were discussed in this case in which a cardholder may establish an Affirmative defense include:

• Cross examination of the prosecution’s expert witness, or the officer who made the arrest.
• Offering the opinion of an expert witness hired in your defense.
• The defendant’s own testimony, or the testimony of lay persons who may have witnessed and observed the driver’s behavior with regard to the impairment issue.

In addition, it is helpful for defendants to know that courts will be looking at whether an individual defendant with metabolites in his blood was impaired, rather than whether the public in general may experience impairment while they have a particular amount of THC in their system.

The Burden of Proof for an Affirmative Defense

Under Arizona law A.R.S. 13-103 (B) an affirmative defense is one that offers a way for a defendant to be excused from criminal liability of an otherwise unlawful act.

In absence of an affirmative defense situation, the prosecution has the burden of proving beyond a reasonable doubt that a person committed a crime, and the defendant is presumed innocent from the start.

In an affirmative defense, the prosecution needs to prove the elements of the crime were committed beyond a reasonable doubt. But the defendant must also prove an affirmative defense applies by the preponderance of the evidence, a lesser standard than reasonable doubt.

10 Other Defenses for Marijuana DUI Charges

The DUI defenses that may be used to challenge your charges will vary based on the unique set of circumstances surrounding your matter.

Below are 10 examples of common defenses that are often used to challenge and defend Marijuana DUI charges:

1. The chemical found in your bloodstream was a non-impairing ingredient or metabolite in Marijuana such as Carboxy-Tetrahydrocannabinol (THC). This substance is an inactive metabolite that can remain in a person’s body up to several weeks after using marijuana.
2. Independent lab testing results were inconsistent with police lab results. You have the right to request a sample of the DUI evidence for the purposes of your defense. If the results are materially different, it weakens the validity of the police results. If the court agrees, the evidence can be suppressed or not used against you.
3. The DUI testing sample was mishandled, mislabeled, contaminated, or the subject of other protocol violations. Strict procedures are in place for the administration, processing, handling, storage and transport of chemical tests. If they are compromised, it may reduce the validity of the results of the sample.
4. You did not give a voluntary consent for the DUI chemical test. The Arizona Courts have determined that in order for a consent to be given voluntarily, they must be given freely, and in absence of coercion. Further if a person refuses medical treatment than the drawing of blood for DUI purposes as part of subsequent medical treatment, then the blood draw is considered to be involuntary as well.
5. Challenges to validity of the field sobriety tests and their results. Roadside testing has long been the subject of court challenges. One reason for this is their high inaccuracy rate. Another reason is that the results are often perceived as being biased, since the police administer and grade the test unilaterally. Numerous other challenges exist including but not limited to the the fact that the driver was not a good candidate for testing as recognized by the National Highway Traffic and Safety Administration due to existing medical conditions.
6. The officer did not have reasonable suspicion to pull you over. Police must have reasonable suspicion that a violation of the law is in progress or has occurred in order to stop you for a DUI investigation, or the stop is unlawful.
7. The officer did not have probable cause to arrest you. Probable cause is a higher standard than reasonable suspicion. Under the 4th Amendment, the police must have reasonable grounds to arrest you. This means the police need evidence and not just a hunch that you were driving impaired.
8. The driver was not in actual physical control of the vehicle. There are a number of factors that need to be considered when determining if a person was in actual physical control of a vehicle. These circumstances may be such that you were not in actual physical control of the vehicle.
9. The state is unable to prove beyond a reasonable doubt that you were driving or in actual physical control of a vehicle.
10. Other constitutional rights violations. If a person’s constitutional rights are violated in the course of a DUI investigation or arrest, the remedy provided by the court is to disallow the evidence from being admitted and used to for prosecution.

Favorable outcomes may include but are not limited to decreasing a felony to a misdemeanor; dismissal of some or all of the charges; reduction of sentencing; elimination of incarceration or other penalties; reduction of charges from a criminal offense to a civil offense, participation in a diversion program as an alternative to incarceration, reduction or elimination of fines.

James Novak provides a free initial consultation by phone or in person, depending on the circumstances, for active criminal charges in Phoenix, Mesa, Tempe, Chandler, Gilbert, and Scottsdale, Arizona. Call (480) 413-1499 or contact us online today to discuss your matter and options for defending your charges.

Penalties and Criminal Defense for Marijuana DUI Charges in Mesa AZ

It is never a good idea to go to court without effective representation and plead guilty. Doing so will result in a swift and harsh conviction.

Even a first time Misdemeanor drug DUI exposes a person to 10 day jail terms; suspension of driver’s license; fines, assessments, and fees of $1,250.00, substance abuse screening and testing, probation, and other penalties the judge deems necessary.

A second DUI within 7 years calls for increased penalties of jail terms to 90 days; fines, fees, and assessments to $3,000.00; and driver’s license revocation for 1 year.

Penalties for a third DUI within 7 years will elevate a misdemeanor DUI to a felony DUI. Punishments for felony DUI expose a person to 4 months in prison.

Penalties for a fourth DUI in 7 years call for 8 month prison terms.

Fines fees and assessments for a third or fourth felony DUI are increased to $4,000.00.

A felony conviction will stay on a person’s record for years and jeopardize certain civil rights such as the right to bear arms and vote. It can adversely impact their current or future employment, credit, existing or potential scholarships, and education.

For these reasons it is important that you retain an effective criminal attorney for defense.

Many people who have been arrested feel that the cards are stacked against them, and there is no hope.

But by law, you have the right to defend your charges, and to retain an attorney to defend you.

There may be defenses that can be used to obtain a favorable outcome in your case. This is best accomplished by hiring a private practice criminal defense attorney.

James Novak, of the Law Office of James Novak, PLLC is a former prosecutor and an experienced trial lawyer.

If retained, James Novak will protect your rights, and provide a strong defense for your charges.

James Novak, will carefully evaluate your case to determine what defense strategy will likely bring you the most favorable outcome.

If you are charged with any type of DUI including Marijuana DUI, contact criminal Defense Attorney, James Novak at (480) 413-1499 in Tempe, Arizona.

Additional Resources:

• A.R. S. § 28-1381(A)(3) (Driving while under the influence)
• A.R.S.§ 36-2802 (American Medical Marijuana Act; limitations)
• A.R.S.§ 36- 2801 (Presumption marijuana medical use; protections)
• Arizona Department of Health Services –Medical Marijuana Requirements
• A.R.S. § 13- 3405 (Arizona Marijuana Laws)
• A.R.S. § 13 -103 (Affirmative Defense)
• Arizona Supreme Court (Dobson v. McClennen, November, 2015)

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

• Medical Marijuana Users Have a Limited DUI Defense
• New Affirmative Defense for DUI
• 4 Deadly Criminal Charges in Domestic Disputes
• How to Challenge, and Overcome Your DUI

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

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

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

Arizona Misdemeanor DUI Laws and Penalties – First Offenses

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

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

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

Collateral Consequences of DUI or Alcohol Related Convictions

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

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

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

Additional Resources:

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

More Blogs

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

The defendant was convicted of all four of these. During a sentencing hearing, the judge imposed a minimum mandatory 4-month term in prison followed by two years of probation. The court ordered the prison terms and the probation to run concurrently. It also ordered significant “Assessments” totaling $4,630 per count. From the way the court wrote the order, it was not clear whether these Assessments were imposed concurrently or if this was the sum the defendant had to pay per count.

The defendant appealed solely with respect to the issue of the Assessments. He argued that there shouldn’t have been four separate Assessments assessed for four felony convictions all arising from the same driving incident. He didn’t raise a constitutional issue, but rather a prohibition found in the state statutes. Specifically the code states, “[a]n act or omission which is made punishable in different ways by different sections of the laws may be punished under both, but in no event may sentences be other than concurrent.”

The appellate court asked the parties to report how his payments were applied. The parties’ reports revealed that the court’s clerk applied the payment such that each dollar was credited to only one, not four counts.

At the outset, the court noted that imposing an unauthorized Assessment made a criminal sentence illegal. It also stated that, to the extent that the statutory prohibition applied, (1) the Assessments had to be “sentences” within the meaning of the code, (2) the convictions had to arise from a single act, and (3) no legislative act could have clearly overridden the code.

With respect to the first issue, the court reasoned that a fine is a criminal penalty that constitutes a “sentence”. Is an Assessment? The appellate court reasoned an Assessment may qualify if it is “a pecuniary punishment imposed by a lawful tribunal upon a person convicted of a crime; (2) the money recovered goes to the people of Arizona and (3) the money is not a civil penalty or restitution to a crime victim.” The court concluded that using this three-part test, Assessments were sentences. They were pecuniary punishments. The money recovered from the assessments are paid to the people of Arizona. They don’t go to a victim.

Additionally, the drunk driving incident was a single incident. The appellate court reasoned that it was factually impossible to commit one of these counts without also committing the others. Finally, the statutes mandated that a court could not sentence a defendant with cumulative punishments unless the Legislature clearly intended it do so. The appellate court modified the sentence so that the Assessments would run concurrently.

There are many serious penalties to a DUI conviction in Arizona, but the above post shows that there are limits to the kinds of penalties you incur. 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

ADDITIONAL RESOURCES

• Arizona DUI Laws
• City of Phoenix – Municipal Court
• Arizona MADD.org

According to the National Center for Disease Control (CDC) recent studies three categories of people are the most at risk of getting an alcohol or drug related DUI. Those categories include young people; motor cyclists; and repeat DUI offenders:

1) More than one of every three fatal crashes involved a driver’s with BACs of 0.08% or greater were between the age of 21 to 24 (34%); The next largest percentage of age groups were the 25 to 44 years of age (28% average); 2) Of all motorcyclist involved in a fatality 28% of them had a BAC of 0.08% or greater. Of those impaired riders killed 44% were between the ages of 40 to 44 years of age; 3) Motorist with BACs of 0.08% or greater involved in fatal accidents were four times likely to have a prior DUI – DWI conviction.

Arizona DUI Legal Limit BAC Laws and Penalties

Arizona has some of the most strict laws and harsh punishments in the country. The higher the BAC level, if the impairment is due to alcohol, the more impaired they become. The more impaired the driver. Arizona recognizes this, and consequently has laws in place that increase the severity of charges and penalties for higher BAC limits. Under A.R.S. 28 – 1381 the legal limit for Blood Alcohol Content in a person’s system is 0.08% or greater. However, under the law, a person may be guilty of DUI even if their BAC is below the legal limit of 0.08%, or even if they had no alcohol in their system. This is called being “impaired to the slightest degree. A person convicted of these charges will be exposed to 10s jail along with other harsh penalties.

Under A.R.S. 28 – 1382 a motorist with a BAC of 0.15% or more, and less than 0.20 is considered to be under the Extreme Influence of alcohol. A person found guilty of these charges will be subject to 30 days in jail, in addition to other harsh penalties. And under A.R.S. 28 – 1382 and a driver with a BAC of 0.20% or greater is will be guilty of Arizona Super Extreme DUI charges. Penalties for this offense will be subject to 45 days in jail in addition to the other harsh penalties.

Second DUI offenses expose a driver to heavier sentencing of 90 to 180 days in jail in addition to other harsh penalties.

Third offense within 7 years will result in Aggravated DUI (Felony), which will expose a person to prison sentencing that ranges from 4 to 8 months in imprisonment. Convictions in all of these cases will result in adverse Driver’s License actions including suspensions, denials, or revocations; court ordered installation and use of Ignition Interlocking device on vehicle; alcohol or substance abuse screening and counseling; fines, fees, costs; probation; community service; or restitution.

DUI Lawyer Chandler AZ
If you were arrested for any type of impaired driving charges due to drugs or alcohol you should consult an experienced criminal defense attorney who defends DUI charges. They will discuss your matter and options for defense. If retained they will evaluate your case to determine if any defenses are available to challenge the charges; defend your charges; make sure your rights are protected; and work to get the best possible resolution to your case.

Additional Resources:

• Arizona State Legislature – DUI laws and Impaired to the Slightest Degree

• Arizona State Legislature – DUI laws – Extreme and Super Extreme DUI Laws

• National Center for Disease Control (CDC)

• Arizona Department of Public Safety – Driver Impairment

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Arizona DUI & Criminal Defense Firm Serving Tempe, Phoenix,Mesa, Chandler, Gilbert, Mesa, Scottsdale, AZ Maricopa County

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

DUI Task Forces will be set up again this weekend on Mill Ave, in Tempe AZ. Police will also be organizing Traffic, Pedestrian, and Bike Safety checks.

The DUI Task Force officers will be looking for persons engaging in underage drinking; and binge drinking. They will also be seeking out motorist who are driving “impaired to the slightest degree” due to alcohol or drugs.

Basic DUI Laws in Arizona

• The legal limit in Arizona is 0.08% or greater (A.R.S. §28.1381.A. 2);
• A motorist may be charged for DUI if they are under the influence of drug or alcohol and found to be driving “impaired to the slightest degree” (A.R.S. §28.1381.A).
• The higher the Blood Alcohol Content BAC, the more severe the penalties;
• Sentencing for first time Misdemeanor DUI charges will result in Mandatory Jail Terms, Ignition, Interlock device, and driver’s license suspension;

Under Age 21 Drinking Laws

• The legal drinking age is 21 in Arizona: (ARS § 4-244(34);
• Underage 21 Drinking

DUI convictions in Arizona are subject to “Zero Tolerance” laws. Motorists convicted of driving under the age of 21 with any alcohol or drugs will be exposed to criminal penalties which include: Jail terms; Ignition Interlock Device on Vehicle; 2 years driver’s license suspension or denial; Probation or Community Service; Alcohol/Drug screening and treatment.

“Binge Drinking”

Binge Drinking is the Number 1 cause of Alcohol Poisoning. It is also the number one cause of drunk driving and resulting DUI and DUI with Auto Accidents. Binge drinking is defined as having 4 to 5 alcoholic drinks or “shots” within a short time span. It can result in serious illnesses, acute and long term disease and even death. It is the result of the body’s inability to metabolize the alcohol as fast as it is ingested. It takes a least an hour, for the liver to metabolize one drink. Other factors are taken into account for metabolic speed including body weight; food ingested with the alcohol; other medications; medical conditions; alcohol tolerance level and other factors. So in a binge drinking situation, the alcohol or “shots” ingested may just begin to shock the body which feels it effects long after the last drink, once they have left the bar.

Criminal Defense Attorney Tempe AZ

If you were arrested for DUI it is important that you consult an experienced criminal attorney to discuss your case and defense options. The laws and penalties are some of the harshest in the country. With so much at stake, you should always retain qualified legal representation for any alcohol or drug related criminal offense. If retained, your lawyer will protect your rights, defend your charges, and provide an effective defense that can preserve your future and freedom.

Resources:

National Centers for Disease Control

Arizona Revised Statutes – AZ Legislature

Arizona Department of Public Safety

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!