DUI Drugs

Arizona, like every other state, has DUI (driving under the influence) laws meant to reduce driving after a few glasses of alcohol. Arizona is known throughout the country to have very strict laws regarding DUIs, which is all the more reason to hire an aggressive DUI attorney to fight for you.

Being arrested for an offense DUI can be a very upsetting experience. It may be your first time ever being accused of a crime and you may not know what your rights are or where you should turn.

It is therefore important to know the basics of the Arizona DUI laws and penalties to ensure that you stay on the right side of the law. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug and vapour releasing substance containing a toxic substance or any combination of liquor, drugs or vapour releasing substances if the person is impaired to the slightest degree.

2. If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.
3. While there is any drug or its metabolite in the person’s body.
4. If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license and the person has an alcohol concentration of 0.04 or more.

Sentencing

You’ve just been arrested for a DUI in Arizona, now you’ll be sentenced according to a classification of your crime. Aggravating factors may include the following:

You have a blood alcohol concentration of 0.15 for up to two hours after the offense.

You have 2 or more prior DUI convictions in Arizona or in another state within 7 years of the arrest. Your privileges to drive are revoked, suspended or restricted at the time you are charged with DUI in Arizona. You have a child under 15 years old in the vehicle.

First Impaired or Breath Alcohol Concentration above .080

10 consecutive days in jail. The Court may suspend 9 of the 10 days if you agree to get an alcohol evaluation, and submit to treatment. Fine & costs: $250.00 fine, plus a surcharge, plus an additional $500.00 assessment for DPS, and another $500.00 for the Arizona Prison Construction Fund. Driver license: The MVD will suspend your drivers’ license for 90 days. Counselling: If recommended in your evaluation and you want the Judge to suspend all but one day in jail. Probation: You may be placed on probation for up to five years.

]]>

Second Impaired or Breath Alcohol Concentration above .080

1.  90 days in jail. The Court may suspend 60 of the 90 days if you agree to get an alcohol evaluation, and submit to treatment.

2. Fine & costs: $500.00 fine, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund, plus an additional $1250.00 assessment for arrests.

3. Driver License: Your drivers’ license will be revoked for one year.

4. Counselling: If recommended in your evaluation and you want the Judge to suspend all but 30 days in jail.

5. Probation: You may be placed on probation for up to five years.

First Extreme DUI (Breath Alcohol Concentration above .150)

30 consecutive days in jail. The Court may suspend 20 of the 30 days if you agree to get an alcohol evaluation, and submit to treatment. Fine & costs: $250.00 fine, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund, plus an additional $1000.00 assessment for DPS, and an additional prison construction fund fee of $1,000.00. Driver License: The MVD will suspend your drivers’ license for 90 days. Counselling: If recommended in your evaluation and you want the Judge to suspend all but ten days in jail. Probation: You may be placed on probation for up to five years.

Second  Extreme DUI (Breath Alcohol Concentration above .150)

120 days in jail of which 60 must be consecutive. The Court may suspend 60 of the 120 days if you agree to get an alcohol evaluation, and submit to treatment. Fine & costs: $500.00 fine, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund, plus an additional $1250.00 assessment for arrests. Driver License: Your drivers’ license will be revoked for one year. Counselling: If recommended in your evaluation and you want the Judge to suspend 60 of the 120 days of jail. Probation: You may be placed on probation for up to five years.

Felony DUI (3rd DUI w/i 5 Years, or DUI w/ License Suspended or Restricted)

The sentence guidelines below presuppose a completely clean felony record. Historical priors may significantly enhance any felony sentence. This is a class 4 felony and subject to the sentencing ranges based on historical priors as such. A DUI conviction under this section could carry over 10 years in prison.

4 months in prison at a minimum before you are eligible for probation, pardon, commutation or suspension of the sentence, or release on any other basis. Fine & costs: Up to $150,000.00 in fines, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund, plus an additional $1,500.00 assessment for arrests. Driver License: Your drivers’ license will be revoked for three years. Counselling: If probation is granted by the sentencing Court, you will be required to submit to treatment. Probation: You may be placed on probation for up to five years. Vehicle Forfeiture: If you were driving a vehicle you owned at the time of the DUI arrest that led to your conviction, the Court may take your vehicle as well.

Felony DUI (w/ a child under 15 years old in vehicle)

The sentence guidelines below presuppose a completely clean felony record. Historical priors may significantly enhance any felony sentence. This is a class 6 felony and subject to the sentencing ranges based on historical priors as such.

A person convicted under this section will have to serve at least the minimum sentences for the misdemeanour DUIs described above if the offense would have been a misdemeanour but for the presence of the minor child. Fine & costs: Up to $150,000.00 in fines, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund, plus an additional $500.00 assessment for arrests. Driver License: Your drivers’ license will be revoked for three years. Probation: You may be placed on probation for up to five years. Counselling: If probation is granted by the sentencing Court, you will be required to submit to treatment. Vehicle Forfeiture: If you were driving a vehicle you owned at the time of the DUI arrest that led to your conviction, the Court may take your vehicle as well.

Originally published here.

A charge of driving under the influence (DUI) is a serious charge that should be challenged or fought with the very best Seattle DUI lawyer rather than a general defense lawyer. The DUI attorneys Seattle has to offer have experience not only in defending DUI charges but also in communicating with law enforcement officers, DUI suspects, and medical and driving experts who can impart knowledge on the effects of drug and alcohol on driving.

Good Seattle DUI lawyers are well versed in the laws regarding driving under the influence as well as law enforcement procedures and protocols concerning Field Sobriety Tests, blood and breath tests to determine blood alcohol content, and the legal repercussions of refusing any tests requested by the arresting officer. The DUI attorneys Seattle offers understand that one misstep by a law enforcement officer during a traffic stop, while administering a breathalyzer test; can result in the dismissal of a DUI charge. A good DUI attorney can also argue that the defendant was not made aware of Washington’s Implied Consent Law or was not properly informed of his or her right to refuse a Field Sobriety Test.

Field Sobriety Tests are often thought of as an indicator of alcohol or drug impairment in a suspect. In fact, they are only used to give a law enforcement officer probable cause to administer a blood or breath test, which is the only accurate way to assess the amount of drugs or alcohol in a suspect’s system.  There are no legal repercussions to refusing to participate in a Field Sobriety Test. Expert Seattle DUI lawyers can argue that a suspect who does not understand that premise cannot be held responsible for the results of that test.  Probable cause based on a misunderstanding or faulty instructions regarding the tasks in the Field Sobriety Test may be inadmissible in court. The best DUI attorneys Seattle has to offer can successfully argue to have both Field Sobriety Tests and breath or blood tests declared inadmissible.

Seattle DUI lawyers can also submit a motion to have the charge dropped if the breath of blood test was not administered within two hours of the initial traffic stop or were not administered correctly. Under Washington’s Implied Consent Law, drivers in  Washington State agree to submit to a breath or blood test if law enforcement officials have reason to believe that the driver is operating a motor vehicle while under the influence of drugs or alcohol. But there are many ways for the test to be administered incorrectly and the best DUI attorneys Seattle has to offer will make sure that each officer followed the procedures correctly.

Originally published here.

Seattle DUI lawyers, like any other state DUI lawyers put in as much effort as possible to defend their DUI convicted clients. Since drinking is a very common practice in USA, hundreds of DUI cases are filed everyday throughout the country. Seattle, Washington is no exception in having such cases. However, before learning about the fines and costs of Seattle DUI or Washington DUI attorney offenses, people should first understand what DUI is and how it affects human life.

Here, is a precise list of DUI facts compiled by an eminent Seattle DUI attorney, which I believe will give readers a perfect understanding of this offense and its seriousness. DUI or Driving under Influence of alcohol and drugs is not only dangerous, but is considered to be a serious crime, which can cause the accused serious hazards for life and property. But unfortunately, most people do not realize the seriousness of the issue or how severe its consequences can be. Instead they feel that getting charged with DUI is nothing but an inconvenience or simply an embarrassment for an individual.

Agreeing to the facts listed here by the Seattle DUI attorney, every DUI attorney across the U.S. believe these facts would come as a shock to most of the citizens. Following are some of such shocking facts about DUI and the social impact of this punishable crime:

Accidents stimulated by DUI causes one death every half an hour and injure a person in every couple of minutes somewhere across the country.
In USA, DUI or Driving under Influence is actually the biggest reason behind the criminal deaths.
It has been estimated that more than 17,000 people become victims of individuals driving under the influence of alcohol or narcotics and die every year. And shockingly, out of these 17,000 victims nearly 2000 of them are children.
Nearly 1.5 million individuals are arrested for DUI every year across USA.
Shockingly this figure is less than 1% of the actual DUI instances that occurs in a year across the country. In reality, more than 160 million DUI incidents take place each year.
Over 400 children die every year for riding on vehicles driven by drunk drivers.
Over 40% of deaths caused by motor accidents in USA are someway or the other associated with driving under influence of alcohol and or drugs.
Nearly 50 children pedestrians are killed every year by individuals driving under the influence.
It has been surveyed that over 75% of the DUI accused individuals are male.
More than 50% of DUI related accidents and deaths occur during the weekends, especially on Saturdays. Most accidents and fatalities take place between midnight and 4 in the morning.
Individuals driving under the influence of alcohol or drugs cause an estimated loss of more than $60 billion property every year.

As the Seattle DUI lawyer suggests, U.S. citizens should become more aware of the fatality that is being caused due to their negligence and unawareness. Driving under the influence is an extremely offensive act causing serious damage and even death to both the driver and the victim.

Originally published here.