Guide to Dealing with a DUI/DWI Charge

State DUI Charge Laws Vary

SOURCE: http://www.lawfirms.com/resources/dui-and-dwi/dui-basics/charge-guide.htm

Driving under the influence is a criminal charge and the laws regarding driving under the influence vary from state to state. The laws vary with regard to the amount of alcohol or drug in a person’s system which defines influence, or intoxication as well as the arrest procedures and possible penalties. All states have some type of statute dealing with this criminal offense. In addition to DUI, there is DWI which is typically referred to as “Driving While Impaired.” The difference in the two offenses is usually the amount of alcohol or drug present in a person’s system at the time of arrest. Some states also have specific laws to deal with drivers who have a combination of drugs and alcohol in their systems at the time of arrest.

You can find all DUI state laws at each state’s website for statutes. Cornell University Law School hosts a free website with links to each state’s statutes by topic.

Legal Definition of Driving

Most states define “driving” as operating or having actual physical control of a vehicle. A passenger who is intoxicated could not be charged with DUI. Typically the person charged is the driver of a vehicle. If a driver were somehow incapable of driving and the passenger took control of the vehicle while under the influence of drugs or alcohol, then the passenger would have actual physical control of the vehicle and could be charged with DUI. If a police officer cannot prove who had actual physical control of a vehicle, a charge cannot be made.

In order to have sufficient proof of "driving" a person must be in a vehicle which is being "operated." If a person happened to be sitting in the driver’s seat of a parked car and was intoxicated, that person could not be charged with a DUI. A running engine would not be enough to prove someone was “driving under the influence.” There is no criminal offense of “intent to drive while impaired”, so for a person to be charged, he must actually be operating a vehicle while impaired by drugs or alcohol.

Legal Definition of Drunk


The legal definition of drunk varies from state to state but all states measure “drunk” by testing the level of alcohol, or other drug, in a person’s blood, urine or breath. Allowable methods of testing vary from state to state. Most state laws establish that a level of .08 percent blood alcohol concentration is enough to be charged with Driving Under the Influence. Charges and penalties increase in severity as the level of blood alcohol concentration increases. Again, states vary in the level increases which affect changes in penalty or charge. In Arizona, anyone with a blood alcohol concentration of .20 or more can be charged with a felony rather than a misdemeanor and will be subject to automatic increases in jail time and fines.

Difference Between "Drunk" and "Under the Influence"


“Under the Influence” does not mean that a person is drunk. It means that a driver’s ability to drive is impaired by any amount of drug or alcohol. Even some prescription medication can make a person so drowsy that it impairs his ability to safely operate a vehicle. A combination of medication and alcohol is often a cause of impairment for drivers. In most states, a driver under the legal drinking age can be charged with a DUI if he has any amount of alcohol in his system, even just a trace amount.

How to Find DUI Checkpoints

Step 1

Watch the news every morning and evening for announcements of DUI checkpoints. Since law enforcement agencies are required to disclose the location of sobriety roadblocks prior to the event, news stations will often report them for your convenience.

Step 2

Read the daily newspaper for your city or town. There might be a section in the local section dedicated to DUI checkpoints, or they could be in another section altogether. You can also look for them under alternative names, such as "DWI Checkpoints" or "DWI Roadblocks".

Step 3

Visit websites that are dedicated to informing the public about DUI checkpoints, such as the Road Block Registry (see Resources below). These websites will give you advance notice of sobriety roadblocks, including the intersection at which they will be conducted, the date and the time.

Step 4

Call your local law enforcement agency to find out when upcoming DUI checkpoints are scheduled. They may or may not release this information, and they may have no plans for sobriety roadblocks, but it doesn't hurt to ask.

Step 5

Look for lots of flashing police car lights when you are driving between 9 p.m. and 2 a.m. These are the hours during which officers are most likely to set up DUI checkpoints because the bars are open and because most people are not at work. p 5

Phoenix DUI Attorney Explains Criminal Penalties

The penalties imposed for DUI convictions in Arizona depend on a number of factors including blood alcohol level and other aggravating circumstances. A first offense with a BAC of 0.08% to 0.15% can lead to 10 days in jail, 90-day license suspension, $250.00 fine, $500 assessment cost, counseling, and up to 5 years of probation. If your first offense involves a BAC of 0.15% or greater, you can face 30 days in jail, $2,000 in fines, 90-day license suspension, counseling, up to 5 years of probation, and installation of an ignition interlock device in your vehicle. If you commit a subsequent offense within a
5-year period, the penalties increase. For a second offense, you can face 90 days in jail, $2,000 in fines, one-year license revocation, counseling, installation of ignition interlock device in your vehicle, and up to 5 years of probation. Second offenses that are considered extreme can carry penalties of 120 days in jail, $2,000 in fines, one-year license revocation, counseling, probation of up to 5 years, and the installation of an ignition interlock device in your vehicle. If you commit a third offense, the penalties are even harsher. They can include a mandatory four months of prison time, up to $150,000 in fines, 3-year license revocation, counseling, up to 5 years of probation, and forfeiture of your vehicle. Having a DUI attorney Phoenix on your side is the only way to have a chance of avoiding these penalties and winning your DUI case.

Phoenix DUI Defense Attorney: Dependable Representation

In the state of Arizona, a DUI conviction can result in harsh penalties such as jail time, excessive fines, and probation. Depending upon the nature and extent of your DUI charge, you could lose your Phoenix driver’s license for months, years, and in some cases forever. You don’t have to face your DUI charges alone, and by hiring a qualified and experienced Phoenix DUI attorney you will have legal support that is vital to the success of your case.

By involving a Phoenix DUI attorney as early as possible, you will have the best chance of getting the charges against you reduced or dropped. In Maricopa County, Drunk Driving is a serious offense and can result in many long term consequences, not to mention a criminal record. No matter what specific offense you have been charged with, Joshua S. Davidson will find the best way to address the charge.

After you or someone you know has been charged with any type of DUI in Arizona, you are probably facing many confusing questions. Will my license be revoked or suspended? Will I be able to get myself to work or to school? What if my child was driving my car when he got his DUI? These are all valid questions and you should be able to get the answers you need. Joshua S. Davidson is dedicated to providing you with the information and legal representation that you need when you or a family member has been charged with drunk driving. Contact Joshua S. Davidson today if you have questions or concerns about your DUI charges.

Phoenix, Arizona Drunk Driving Defense Lawyer

Have you or someone you know been arrested for DUI in Phoenix, Scottsdale, Glendale, Mesa or Tempe? If the answer is yes, then you most definitely need to seek the help of a qualified Phoenix DUI Attorney. There are a lot of facts that need to be considered when defending someone who has been charged with drunk driving. Between breathalyzer tests, blood alcohol tests, and field sobriety tests, getting your DUI charge dropped or dismissed may seem hopeless. As an experienced Phoenix DUI Defense Attorney, Joshua S. Davidson has seen many alternative outcomes to a DUI charge, and many occur as the result of a thorough examination of evidence. If you failed any of the different types of sobriety tests, it does not mean your case is over. There are many options to be explored and the best thing to do is contact an attorney who can explore these options with you.
Joshua S. Davidson established his Phoenix Law Office in 2005, concentrating in Criminal Defense and DUI Defense. Before launching his current Law Firm, he worked as a prosecutor in Maricopa County, where he was responsible for handling numerous criminal offenses, including DUI. His time as a DUI prosecutor proved to be very valuable, and as a criminal defense attorney he is able to see both sides of a case and can provide a more effective defense strategy as a result.

DUI Arrest Statistics

YEAR	JAN	FEB	MAR	APR	MAY	JUN	JUL	AUG	SEP	OCT	NOV	DEC	YTD TOTAL
2008	571	562	603	549	592	511	516	509	572	615	565		6,165
2007	488	504	615	642	646	700	660	638	649	573	547	719	7,381
2006	601	611	652	658	606	775	704	611	644	551	517	651	7,581
2005	632	629	643	669	622	685	747	684	677	631	596	734	7,949
2004	732	680	680	766	750	723	837	690	722	660	636	697	8,573
2003	734	594	846	698	781	817	737	908	789	758	691	673	9,026
2002	687	609	754	685	795	825	731	803	730	668	717	773	8,777
2001	677	644	708	679	684	761	718	701	711	717	647	748	8,395
2000	788	662	774	730	753	771	762	814	740	718	798	786	9,096
1999	816	658	701	672	756	711	769	683	765	790	717	771	8,809
1998	805	695	745	791	924	791	801	830	713	839	814	814	9,562
1997	680	641	721	689	748	777	707	768	639	703	741	750	8,564
1996	625	613	680	589	690	752	691	716	675	638	711	689	8,069
1995	520	497	534	526	488	554	598	577	708	656	658	644	6,960

Arizona Drunk Driving Lawyers

If you've been arrested for driving under the influence in Arizona, you need an experienced DUI attorney to protect your rights. Arizona has stringent DUI penalties. You face the possibility of incarceration, fines and assessments, alcohol screening and counseling, suspension or revocation of your driving privileges and ignition interlock requirements. It sounds intimidating, but it doesn't have to be. With the right Arizona DUI attorney, your arrest need not result in a conviction. Our experience with the Arizona courts, knowledge of Arizona DUI laws and proven DUI defense strategies is the answer. We are committed to protecting the rights of our clients charged with DUI,BAC of .08 or More Within Two Hours of Driving and Extreme DUI. Our law practice is devoted to DUI defense, and each case is a priority. We are committed to providing each of our clients aggressive and effective representation. Each case offers a variety of possible defenses that could result in the DUI criminal charges being reduced or, in some cases, dismissed, but only an experienced DUI lawyer knows the right course of action. We will prepare the best defense strategy for your case, and guide you through the complexities of the criminal and civil aspects of your pending DUI charges. During the course of a DUI investigation the police are required to follow certain procedures. Failure to do so can lead to the dismissal of your Arizona DUI case. What many people refer to as a "technicality" or "loophole" with your DUI defense, is actually a way of using the constitution to protect your rights. Our aggressive Arizona DUI lawyers have spent years developing techniques that are designed to dismantle the toughest DUI cases throughout the state of Arizona including cities such asPhoenix, Scottsdale, Tempe, Mesa, Chandler, Gilbert, Peoria andGlendale.

What You Should Do If Accused of a DUI

If you have been stopped for a DUI or DWI, by DWI laws in most states, the officer will immediately confiscate your license. In most states, a DUI or DWI is a misdemeanor offense, punished by fines and license suspensions. If you have caused an accident, injury or fatality while driving under the influence, DWI and DUI laws allow for much more severe consequences. More severe punishments may also be imposed under DUI law for repeat offenders.

If you have been accused of a DUI or DWI, the officer will confiscate your license, and you will be taken to the police station for processing, including a search, fingerprinting, and mug shots. Your license will be immediately suspended; however, in some states you may be able to schedule an administrative hearing to acquire a temporary license until your trial.

While the consequences of a DUI or DWI are quite severe, if you were in the wrong, you may simply choose to plead guilty and accept your punishment. In some states, you may be offered the option of taking classes to reduce the penalties associated with your DUI or DWI. If you feel the charge was unfair or inaccurate, you will likely need a lawyer specializing in DUI law and DWI laws.

Phoenix Arizona DUI Law Explained

Driving under the influence of any drug or alcohol is a very serious crime in Phoenix.

There are several categories of drunk driving charges in Arizona.

A Phoenix DUI case case may be brought as a felony or as a misdemeanor. For arrests in the city of Phoenix, misdemeanors are prosecuted by the Phoenix City Attorney and heard in Phoenix Municipal Court. For felonies in the city of Phoenix, and in all other cities in Maricopa County, you are prosecuted by the Maricopa County Attorney's Office and your case will be heard in Maricopa County Superior Court.

Misdemeanor Phoenix DUI Charges

It is illegal to drive or be in actual physical control of a motor vehicle in Phoenix (and anywhere in AZ) while:

Garden Variety DUI: You are mpaired to the slightest degree by alcohol or drugs.

Commercial DUI: Your alcohol content above 0.040 and you are driving a commercial vehicle.

Minor DUI: You are under 21 years old with any alcohol in your system.

Per Se DUI: Your alcohol content above 0.080 within 2 hours of driving.

Extreme DUI: Your body alcohol content above 0.150 (extreme DUI) within 2 hours of driving.

Super Extreme DUI: Your body alcohol content of .200 within 2 hours of driving.

Drugs DUI: You have an illegal drug OR its metabolite in your system (it is not required that the drug impair you in any way).

Felony Phoenix DUI Charges

It is a very serious felony in Phoenix to commit any of the above misdemeanors while any of the following apply:

Aggravated DUI Priors: You have two or more prior DUI convictions in within 7 years of your arrest.

Aggravated DUI Restricted License: Your privileges to drive are revoked, suspended or restricted at the time you are charged with DUI in Phoenix.

Aggravated DUI with Child in Vehicle: You have a child under 15 years old in your vehicle.

Seatbelts, Cellphones, Handguns Addressed in New Texas Traffic Laws

The Texas Department of Public Safety (DPS) has issued a summary of new traffic laws passed by the Texas Legislature that are set to become effective Sept. 1, 2009.

Among those laws that may affect the property casualty insurance industry are:

Seatbelts: HB 537 requires all occupants of a vehicle, no matter their age, to be secured by a safety belt, no matter where they are seated in the vehicle; changes the definition of a passenger vehicle to include a passenger van designed to transport 15 or fewer passengers including the driver; removes the current exemption for third-party Medicaid transportation provisions regarding the use of child passenger safety seats; and prohibits a motorcycle operator from carrying a passenger under the age of 5 unless the child is seated in a sidecar attached to the motorcycle.

SB 61 amends the existing statute regarding child passenger safety seats. The bill requires that any child younger than 8 years of age be restrained in an approved child passenger safety seat unless the child is at least 4 feet, 9 inches in height. The fine is no more than $25 for a first offense and $250 for a second offense. The law also creates a new court cost for conviction of an offense under this section to be collected and used by TxDOT to buy safety seats for low income families. The law becomes effective on Sept. 1, 2009, but tickets for this offense cannot be issued until June 1, 2010. Police officers are allowed to issue a warning before that date.

Driving: HB 55 makes it illegal to use a wireless communication device in a school zone unless the vehicle is stopped or a hands-free device is used. Cities or counties wanting to enforce this law must post a sign at the beginning of each school zone to inform drivers that using a wireless communications device is prohibited and the operator is subject to a fine. It is a defense to prosecution if the operator was making an emergency call.

HB 2730 increases the penalties for driving while intoxicated with a child passenger by adding an automatic driver license suspension period for first-time offenders and an increased suspension period for repeat offenders. The driver license re-instatement fee for completing an education program will rise from $50 to $100. Closes a loophole so a person who commits an offense as a minor cannot circumvent the driver license penalty if the person turns 21 before their court date.

HB 2730 allows a new Texas resident to operate a vehicle without a Texas license for 90 days instead of the current 30. (This provision went into effect on June 19, 2009.)

HB 2012 creates two new punishment enhancements: a Class B misdemeanor if a person drives with a suspended license and without insurance; and a class A misdemeanor if the person driving without insurance or a valid driver license has an accident and someone is seriously injured or dies as a result of that accident.

SB 129 authorizes neighborhood electric vehicles (NEVs) to be operated on roads with a posted speed limit of 45 miles per hour or less. The bill authorizes driver license holders to operate NEVs without having a motorcycle endorsement, clarifies that drivers and passengers in such vehicles are not required to wear helmets and specifies that enclosed three-wheeled vehicles as described in the bill are authorized to operate in preferential lanes.

Concealed Handguns: HB 2730 amends numerous provisions regarding concealed handgun licenses (CHLs), including eliminating student loan defaults as a disqualifier, to clarify that DPS must suspend or revoke a license when the licensee becomes ineligible and mandating that a magistrate suspend a CHL held by the subject of an emergency protective order.

HB 2664 provides a defense to prosecution if a concealed handgun license holder carries a concealed handgun into an establishment that gets 51 percent or more of its income from the sale of alcoholic beverages, but has failed to post the statutorily required notice that it derives 51 percent or more of its income from the sale of alcoholic beverages. (Under current law, a concealed handgun licensee can be charged with a Class A misdemeanor for doing this.)

HB 2730 removes DPS authority to suspend a concealed handgun license (CHL) for the holder's failure to display the CHL to a peace officer on demand. It removes associated penalties and suspensions for the failure to display.

Driver License: HB 2730 requires that all applicants under the age of 18 take the driving skills exam to receive a driver license. The law also requires that a provisional driver license (under 18) or instruction permit expire on an individual's 18th birthday, removes the requirement that a provisional driver license or instruction permit be renewed annually and increases the fee for those licenses from $5 to $15. It also extends the current phase-two restrictions for holders of a graduated driver license from 6 months to 1 year. These restrictions include limited night driving, prohibited use of wireless communication devices and a limited number of passengers.

HB 339 increases the total hours of behind-the-wheel driving instruction a teen receives from 14 to 34 and creates an adult driver education requirement for applicants older than 18 and younger than 21.

SB 1317 creates a six-hour driver education course required for driver license applicants 18 years of age or older. It also mandates that applicants 25 or under must submit to an approved driver education course. (Goes into effect March 1, 2010.)

SB 328 gives DPS the power to suspend a minor's driver license if they fail a breath or blood alcohol test while operating a watercraft. Chapter 524 of the Transportation Code also clearly defines the suspension period for an individual who was under the age of 21 at the time when the offense of boating under the influence or driving under the influence of alcohol occurred. The law also increases the reinstatement fee for a license suspended under sections 49.04-49.08, Penal Code from $50 to $100.

HB 2730 increases the driver license sanction from a one-year CDL license disqualification to a lifetime disqualification if a person uses a motor vehicle to transport, conceal or harbor an alien. If a child is engaged in conduct involving a severe form of trafficking persons, a judge at a juvenile hearing is required to order the juvenile's driver license or permit to be suspended.

HB 2730 prohibits DPS from issuing a driver license or identification card to a person who has not established a domicile in Texas. The law specifies that an applicant may receive a driver license at a post office box only if the applicant's residence address has also been provided, with some exceptions.

Motorcycles etc.: SB 1967 requires that applicants for an original class M license or class A, B or C driver license (including commercial driver licenses and permits) with authorization to operate a motorcycle, provide evidence of completion of an approved motorcycle operator training course. It also repeals the helmet exemption sticker program.

Current law requires a person be covered with a minimum of $10,000 in health insurance for injuries incurred in a motorcycle accident to be eligible for an exception for the offense of operating or riding a motorcycle without a helmet. As of Sept. 1, the minimum amount is removed.

The bill requires the Texas Department of Insurance to prescribe a standard proof of health insurance for issuance to persons who are at least 21 years of age and covered by an applicable health insurance plan. The law also increases the penalty for failure to yield the right-of-way if there is a crash that results in injury to a person other than the motorcycle operator.

Vehicle Inspection: SB 589 requires that a vehicle equipment safety compliance label be placed on a windshield, side or rear window stating that the window tinting complies with the appropriate provisions of the Transportation Code. Failing to place the required label on the vehicle could lead to a $1,000 fine.

ARTICLE SOURCE: http://www.insurancejournal.com/news/southcentral/2009/08/12/102968.htm

DUI/DWI Auto Accidents

Arizona Personal Injury Lawyers for DUI/DWI Car Accidents

Driving under the influence (DUI), also called driving while intoxicated (DWI), drunk driving, or drinking and driving, has received increased attention over the past few years. In Arizona and nationwide, DUI/DWI laws have become stricter, as governments have realized how dangerous drunk driving is. These stricter laws have made punishment more severe and lowered the blood-alcohol content (BAC) level necessary to create a presumption that a person was driving under the influence.

In 2006, there were 13,470 fatalities in crashes involving alcohol-impaired drivers. This accounted for 32% of all fatal crashes. It is estimated that 3 in 10 people will be involved in a DUI-related accident in their lifetimes.

If you have been injured or someone you love has been killed by a drunk driver, we can help. Solomon and Relihan are Phoenix injury attorneys with 30 years of experience helping accident victims in Maricopa County and throughout Arizona.

Causes of DUI Accidents

Though DUI is commonly associated with alcohol, it can refer to any type of impairment. This includes illegal drugs, prescription drugs, and even over-the-counter medications.

Additionally, in a DUI-related collision, the impaired driver may not be the only one at fault. Others who may have contributed to the driver's impairment, such as a bar which served the intoxicated driver, may also be held responsible. That is why Solomon and Relihan begins every case with a thorough investigation of the facts and law involved to identify all possible causes of the accident and the injuries you have suffered.

Signs of DUI

Impaired drivers are very dangerous, and you should be on the lookout for them in order to protect yourself and your passengers. Here are some signs that a driver is under the influence of drugs or alcohol:

• Making extremely wide turns
• Straddling lanes or lane markers
• Passing too closely or almost striking another object or vehicle
• Weaving and drifting
• Swerving or turning abruptly or illegally
• Driving on the wrong side of the road or on the shoulder
• Driving 10 mph or more below the posted speed limit
• Following other cars too closely
• Braking erratically or stopping at green lights or other inappropriate places
• Slow response or failure to observe traffic signals
• Turn signals are inconsistent with driving actions
• Accelerating or decelerating rapidly
• Driving without headlights

SOURCE: http://www.solomonrelihan.com/CM/Custom/DUIDWI-Auto-Accidents.asp

Arizona DUI Laws: Second Offense Impaired to the Slightest Degree or BAC above .080

Jail:
Range of 90 to 180 days in jail. Minimum of 90 consecutive days in jail. The court may suspend 60 of the 90 days in jail if you successfully complete all recommended treatment and counseling.
Fines & Costs:
Aproximately $3,500.00 in fines and costs, plus jail costs. The more jail time imposed the greater the additional costs. NOTE: Jail costs can amount to thousands of dollars in addition to the fines and costs.
License:
Your drivers' license will be revoked for one year. Reinstatement of license is not automatic. You are not eligible for a work permit during the period of revocation.
Counseling:
If convicted you must get a substance abuse evaluation and comply with any recommendation or be subject to additional jail time.
Probation:
You may be placed on probation for up to five years.
Community Service:
The court must impose a minimum of 30 hours of community service in addition to any other fine imposed.
MADD Victims' Impact Panel:
The court may order you to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panel.
Ignition Interlock Device:
Required for 12 months after license reinstatement.

SOURCE: http://www.duiarizona.com/Law/Penalties/penalties.htm

First Offense Impaired to the Slightest Degree or BAC above .080

Jail: Range of 10 to 180 days in jail. Minimum of 10 consecutive days in jail. The court may suspend 9 of the 10 days if you agree to get an alcohol and/or drug evaluation, and submit to treatment.

Fines & Costs:
Aproximatey $1,800.00, plus jail costs. The more jail time that is imposed, the greater the cost.
License:
The MVD will suspend your drivers' license for 90 days. You may be elibible for a work/school permit after the first 30 days of the suspension.
Counseling:
If convicted you must get a substance abuse evaluation and comply with any recommendation or be subject to additional jail time.
Probation:
You may be placed on probation for up to five years.
Community Service:
The court may order you to perform community service in addition to any other penalty imposed.
MADD Victims' Impact Panel:
The court may order you to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panel.
Ignition Interlock Device:
Required for 12 months.

SOURCE: http://www.duiarizona.com/Law/Penalties/penalties.htm

Defense Against a Driver's License Suspension or Revocation

One of the major consequences of a DUI offense and conviction is the suspension of your driving privileges. You face a driver's license suspension or revocation by an action of the both the court and Department of Motor Vehicle (DMV). You have fifteen days to request a hearing with DMV to contest a driver's license suspension or revocation.

In order to best protect your driver's license, call the Phoenix, Arizona, Law Offices of Howard A. Snader, LLC at (480) 559-8218. Lawyer Howard Snader has defended people throughout the cities of Phoenix, Mesa, Gilbert, Tempe, Scottsdale, Glendale, Peoria, Chandler, Casa Grande, Kingman, Prescott, Cottonwood, Flagstaff, Kingman, Avondale, Litchfield Park, Surprise, Yuma, Apache Junction, and Goodyear.

Depending on the number of your prior DUI convictions, you may lose your license from anywhere from 90 days to three years. As a Criminal Law Specialist Certified by the Arizona Board of Legal Specialization, attorney Howard Snader will represent you during a Department of Motor Vehicle license suspension hearing.

Although winning the hearing is difficult, you still should request a DMV hearing before an administrative law judge because:

• The request will delay the actual suspension of your driving privileges until after the hearing
• Howard Snader will have the opportunity to question the arresting officer under oath at the hearing
• Your insurance premiums will rise less from a DMV suspension then they would from a court order license suspension

Restricted Driver's License

If your license is revoked, you may qualify for a restricted, limited use driver's license. Depending on the number of DUI charges on your record, whether your DUI was a regular or extreme DUI, and whether charged as a felony, you may petition the DMV for a restricted license after a period of time. If revoked for 90 days, you may petition the hearings officer for a restricted license after 30 days. To learn more about DMV hearings contact the Law Offices of Howard A. Snader, LLC.

Aritcle Source: http://www.notcriminal.com/PracticeAreas/Save-Your-Drivers-License.asp

Arizona Drug DUI Defense Lawyers

Arizona laws are harsh on people caught driving under the influence of drugs. In Arizona, it is illegal for a driver to have any amount of drugs in their system while operating a motor vehicle. And, if the police even suspect that this may be the case, they can request a urine or blood test for drugs.

If you've been accused of drug DUI in Arizona, you need an experienced defense attorney — fast. The attorneys at Cates, Hanson, Sargeant & Rakestraw have years of experience. They use their skill and knowledge to prepare strong defenses for serious crimes.

The Consequences of a DUI Drugs Conviction

If you are convicted of a DUI drugs offense in Arizona, the consequences are harsh. Your driver's license will be automatically revoked and you will not be eligible for a work permit. You will also be prohibited from reapplying for your driver's license for one year — far more time than the 90 day suspension period for an alcohol-related DUI.

When Addiction is Involved

At Cates, Hanson, Sargeant & Rakestraw, we understand that many drug and DUI charges happen because of addiction. We have experience working with drug and alcohol addiction-related issues affecting criminal matters as well as family situations. We use this experience to help you find legal solutions that are right for you and your family.

You Won't Stay Out of Jail by Just Reading About it on the Internet

If you want to read about the law on Drug DUI, the Internet is a good place to start. But, when you or someone you care about have been arrested, you need to do more. You need to get real information from a lawyer about your specific case. And you need a successful defense strategy that keeps you out of jail.

duilawyer4u.com

First Offense DUI

Maricopa County / Metro Phoenix Defense Attorney in First DUI Offenses

If you have never been arrested for drunk driving, the prospect of conviction can be very frightening. With your driver's license at risk and many other serious consequences, a first offense for driving under the influence requires a skilled and experienced attorney.

A DUI Charge Can Have Serious Consequences

You will be facing a criminal charge for Driving Under the Influence (DUI) if you have a blood alcohol content of .08 or greater. If you are under 21 or have a commercial driver's license, you could be charged with Impairment to the Slightest Degree if you have a blood alcohol content less than .08.

f convicted of impaired driving or DUI, you will:

• Serve 10 days in jail (court may suspend up to 9 days and require a minimum of 24 hours with drug/alcohol evaluation and completion of mandatory treatment program)
• Fines and costs exceeding $1,500
• 90-day driver's license suspension (30 days no driving, and restricted license possible for the remaining 60 days)
• Ignition interlock device on car for a minimum 12 months after license reinstatement
• Possible impoundment of your vehicle

Other penalties can include court-ordered alcohol counseling and traffic survival school, community service, probation, and/or restitution.

Challenging a First DUI Offense

The decision to go to trial to fight a DUI / DWI depends on the evidence against you, the jurisdiction where you are charged, and any previous convictions you have for other crimes.

We can challenge the legality of the traffic stop and field sobriety tests, the results of Intoxilyzer blood alcohol testing, the qualifications of the arresting officer, or errors in the chain of custody of evidence. If there is a solid argument in your favor, the prosecutor may agree to dismiss the DUI charge, allow you to plead to a lesser charge, such as reckless driving, and/or dismiss other charges.

As an experienced Phoenix DUI offense attorney, I will give you an honest opinion of whether you should take your case to court or try to negotiate a plea agreement. I practice in all municipal and justice courts of Maricopa County, and I know the requirements placed on prosecutors. I will always fight for the best possible outcome in your case.

When it is time to request reinstatement of your driver's license, or if you are later charged with another DUI or any criminal offense, I will be there for you.

source: duiaz.com

Phoenix DUI attorneys: Hidden facts on DUI’s!

Being arrested for a DUI, also known as “Driving Under the Influence” may become stressful and difficult to handle. Nonetheless, the hardest step is to find the correct Phoenix DUI attorneys for your case. This is why, having as much information as you can about any possible actions and paths to take is the first and most important phase in progressing with a pending case. This article will explore the many demanding aspects of being charged for a DUI in the state of Arizona.

There are many mistakes which one can make during a routine sobriety test. Many people prematurely plead guilty due the charges based on a failed breath or blood test, without knowing that this may later on scrutinize their case. Phoenix DUI attorneys will help you understand this and offer assistance on what the correct steps are to avoid answering impulsively. In such cases Phoenix DUI attorneys advise not to incriminate themselves and plead Fifth Amendment.

However, the truth is that officers may make grave mistakes that can counter a DUI charge. Many Phoenix DUI attorneys have thrown out cases due to improper field test procedures. Where officers do not follow proper procedures and make concessions in the proper way of administering and scoring tests. Phoenix DUI attorneysshould make inquiries on whether the correct course of procedure in applying sobriety tests were given to the charged victim.

Hundreds of DUI cases have been dismissed due to using correct Phoenix DUI attorneys. A case that may seem to hold long and tedious court dates and fines may just very well disappear; if Phoenix DUI attorneys find there is reason to dismiss your case due to improper methods or lack of evidence.

As you may be able to probably tell there are many different ways to avoid having to face steep charges. The easiest is to just keep informed about how to handle these situations, and if you are already facing them, find the best Phoenix DUI attorneys to represent you.

source:duiphoenixarizona.com

Arizona DUI Lawyer

Arizona DUI lawyer - Arizona DUI defense lawyer serving Chandler, Gilbert, Glendale, Mesa, Phoenix, Scottsdale and Tempe, Arizona. A defense to an Arizona DUI citation can be built before ever being stopped by a police officer. A dui lawyer Arizona can establish a Dui defense in Arizona.

Our experienced Arizona DUI lawyer would advise any individual who is stopped for a DUI in Arizona to follow these guidelines. Ask to call and speak with an Arizona DUI defense lawyer immediately. Behave politely and courteously. Give the arresting officer your name, address, driver's license, registration and proof of insurance. Exercise your right to remain silent (do not answer any questions). Refuse to take any field sobriety tests. If you submit to an analysis of your blood, breath or urine ask for your immediate release to obtain an independent test and speak to an Arizona dui lawyer.

An experienced Arizona DUI lawyer can overcome a DUI citation by constructing a defense to the DUI charges. A dui in Arizona does hot have to result in a conviction. Call today for a free initial consultation with an Arizona DUI defense lawyer.

source: azattorneys.com

RIZONA LAWS AND HOW THEY APPLY TO YOU

Family Law is a very changeable area of law. The law changes every year with new decisions by the Courts and new statutes passed by the Legislature. New laws can seriously affect your rights and your property. Summaries of new Legislation or important Court cases are provided as well as links to the text of the new laws or cases.

NEW DIVORCE LAWS

PARENT INFORMATION CLASSES
The law requires that every parent going though a divorce or paternity case with children take a parenting class. It must be taken before the Court can grant a divorce. The class is usually held on evening and weekends, you take it only once, and the cost is no more than $35.00. You do not have to take it at the same time as the other parent.

COMMUNITY PROPERTY REDEFINED
Effective for all cases filed after August of 1998, property and debts acquired after the service of the Divorce Petition will no longer be considered community property. Therefore, it is now important to discuss with your attorney when you actually file for the divorce since it may affect your rights. Also, beginning in 2001, the court may now divide "liquid" assets at the beginning of the case.

COVENANT MARRIAGE
The Legislature created a type of marriage called a covenant marriage. If you want to get a divorce and have a covenant marriage, there are additional hurdles that you must overcome to obtain the divorce. If you were married over two years ago in Arizona, then this new law will not apply to you.

CHILD SUPPORT/ CREDIT REPORT
On January 1, 2001, the child support guidelines were modified to include an adjustments for visitation by the non-custodial parent.
You can also ask the Court for an Order to see your spouse's credit report to see if there are debts unknown to you that have been incurred by your spouse and which you may be responsible for paying.

azdivorcelaw.org