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

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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Law Office of James Novak 4500 S. Lakeshore Drive Tempe AZ 85282 (480) 413-1499 Free Consultation!

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

“An Extreme DUI charge may be reduced or dismissed with a good AZ DUI lawyer“.

An AZ DUI charge will be escalated to an “Extreme DUI” charge when A DUI when the body’s Blood Alcohol Content (BAC) exceeds 0.15%. The levels are usually determined by a breathalyzer test or blood test. A BAC exceeds 0.20 is designated as a “Super Extreme” which carries even more severe penalties and incarceration time. If you have been charged with any kind of extreme DUI, it is critical that you consult the best Arizona DUI Attorney you can find. Make sure the AZ DUI Attorney is well versed and defends extreme DUI cases frequently in the jurisdiction, county, or court for which you have been assigned to appear.

The consequences of an AZ extreme DUI are devastating and among some of the most severe in the county. Arizona prosecutors want convictions. Know that just because you have been charged, does not mean you will be convicted. If you have been charged with an AZ extreme DUI first offense, here are your options:

A. Do nothing. Accept that you could potentially receive up to the max for first offense: 1) Minimum 30 days jail and up to 6 months, 2) vehicle impound 3) Ignition interlock device 4) Ninety days driver’s license suspension 5) Mandatory alcohol/drug counseling 6) Probation B. Ignore your court date, and fail to appear at the required date and time. This will result in an immediate warrant issued by the judge for your arrest.

C. Go to court unrepresented by a good private practice AZ criminal defense or AZ DUI Attorney. This is extremely risky and dangerous. The results can land you with the maximum penalties. The prosecutors know the protocol, the evidence, how to argue your case, how to get you to incriminate yourself, how to make their case stronger, and will ignore any weaknesses or flaws in your case. You will most likely end up with the results in option A. above.

D. Hire the best AZ criminal defense or AZ DUI Attorney you can find to fight for you and defend your case. Hire an experienced AZ DUI lawyer to defend your Arizona DUI charges. A good DUI attorney will fight to get your charges completely dismissed, reduced, or in the least a much better outcome in your case. There are many defenses that can be used, and evidentiary issues that can be challenged to accomplish this.

A good AZ DUI Attorney will examine evidence or lack thereof; determine if there were any violations of your constitutional rights, reason for the DUI stop, probable cause for your arrest, handling of all evidence, crime lab methods of testing, proper implementation of field sobriety tests, reliability of testing, maintenance and reliability of breathalyzer machines, and many more factors. You will not get the benefit of having these factors evaluated or the evidence challenged without a good private practice Arizona Criminal Defense or DUI attorney. A good private practice DUI Lawyer may be able to challenge such issues to suppress evidence, get your case dismissed, a “not guilty”, or a reduction of your AZ DUI charges. Option D. gives you the greatest chance at freedom and a new start without devastation of an AZ DUI conviction.

If you have been charged with any Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Scottsdale, Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Scottsdale, Mesa, Arizona , Arizona , and surrounding areas valley-wide. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.