Arizona DUI Extreme Vs Super Extreme DUI Fines - Incarceration and Other Penalties

Arizona has many different levels of DUI charges including "Extreme DUI" and "Super Extreme DUI." Both of these Arizona DUI offenses are higher charges in relation to the range penalties associated with an Arizona Misdemeanor DUI offense. These or any DUI, for that matter in Arizona are very serious offenses.

First a word of caution...you should think twice before you decide to defend your DUI charges on your own. Arizona has the toughest DUI laws in the country and they are constantly changing. You should consult a well versed, experienced Arizona DUI Defense Attorney to defend your DUI charges. Currently the following explains differences between penalties including fines, fees, incarceration and other punishments associated with the two:

Arizona Extreme DUI

Getting charged with an extreme DUI in Phoenix or anywhere in Arizona you will face charges if your blood alcohol concentration (BAC) is 0.15% or greater. At this point, the driver's ability to safely operate a vehicle is severely compromised.

A first time Arizona Extreme is punishable by:

• A 90-day driver's license suspension

• Up to 5 years probation

• 30 to 180 days in jail

• Fines and fees

• Mandatory participation in an alcohol treatment program

• Installation of an ignition interlock device in any car that you drive

A second Arizona Extreme conviction will result in even greater penalties, including:

• A 1-year driver's license revocation

• Up to 5 years probation

• 60 days jail, 280 days total

• Fines and fees

• Mandatory participation in an alcohol treatment program

• Installation of an ignition interlock device in any car that you drive

Arizona Super Extreme DUI

In Arizona you will get a Super Extreme charge if you are found operating a vehicle with a BAC level of 0.20% or greater. This is the most serious misdemeanor Arizona DUI. A conviction results in much higher penalties, including:

• Driver's license suspension/revocation

• Up to 5 years probation

• 45 days to 180 days in jail

• Fines and fees

• Mandatory participation in an alcohol treatment program

• Installation of an ignition interlock device for 18 months

If you have received a second Super Extreme, the penalties will be even greater including a mandatory 180 days in jail.

Contact a Phoenix DUI Attorney If you have been charged with an Arizona Extreme DUI or Arizona Super Extreme DUI in Phoenix or any of the surrounding areas in including your Tempe DUI, Scottsdale DUI, Chandler DUI, Gilbert DUI, or Mesa DUI, call today to speak with an Arizona DUI attorney immediately. You will need an experienced Phoenix DUI lawyer, like James Novak, from the Law Office of James Novak to defend you against your Phoenix Arizona DUI charges. James Novak will fight to protect your future and your freedom! For your FREE Consultation, contact James Novak today at (480) 413-1499!

James Novak, Attorney at Law
Law Office of James Novak
Arizona Criminal & DUI Defense Firm

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Ways to Avoid an Arizona DUI Charge

Arizona DUI with prescription medications on the rise

In Phoenix Arizona, did you know you can get an Arizona DUI without being drunk, or having had any alcohol at all? It's true. You can get a DUI if you are "impaired to the slightest degree" due to being under the influence of medication. Arizona imposes harsh penalties for any type of DUI regardless of if it is alcohol or medication related.

According to recent news agencies (source Arizona Department of Public Safety Laboratory ) report Arizona arrests + 377% surged in 2009 over from 2001 due to charges of DUI linked to legally prescribed medications such as Valium and other psychoactive drugs to treat muscle pain, anxiety or insomnia. Arrests can occur even if you are driving impaired due to an over the counter accessible medication. If the law enforcement officers stop you, and suspect you of driving impaired, in absence of alcohol use you will be subjected to toxicology testing with blood draw or urine sample. If the results are positive, you will later be charged with a DUI. The severity of the DUI charges will be based on how much of the substance was found in your body based on the results of toxicology testing.

Punishments can include fines, fees, and incarceration. For example, Arizona DUI laws specify that a person must serve at least 24 hours in jail if convicted of even the most basic or misdemeanor Arizona DUI charge. This will increase quickly to 30 days for an Arizona extreme DUI, then 45 days for an Arizona Super Extreme DUI. The maximum jail sentence for any single misdemeanor DUI charge in Arizona is 180 days.

It can easily happen to anyone, anytime, anywhere. So if you have taken any medications that may impair your ability to drive safely, you are better off getting a ride to your destination from family friend, taxi or other source who is not impaired. Leave the keys. You and everyone else will have piece of mind and be a lot safer on the road.

Phoenix DUI Lawyer - Phoenix DUI Laws

James Novak, Attorney at Law
Law Office of James E. Novak
Arizona DUI & Criminal Defense Lawyer

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Underage Drinking and DUI Laws in Arizona

Most people are aware of the general aspects of the driving under the influence (DUI) and driving while intoxicated (DWI) laws. What many people between the ages of 18-20 do not know is that these laws effectively do not apply to them! If you are between the ages of 18 and 20, you should read on to discover what the law says about your right to drive after you've had spirituous liquor.

First off, know that if you are caught with any liquor in your system and you are under the age of 21, you will immediately lose your license for two years. It is irrelevant if the alcohol is in your system due to a religious ceremony or a barbecue. However, in addition to being charged under this statute (ARS 4-244), you will also be charged with whichever section of the DUI/DWI laws apply to your situation.

Since ARS 28-1381(1) provides that you do not need to be over a.08 blood alcohol content (BAC) in order to receive a DUI, this has serious implications. Many adults in this age bracket would not be particularly worried about driving after a minute amount of alcohol had been consumed, regardless of the circumstances (this writer wouldn't presume to judge an adult of any age who consumes alcohol). Since one drink can leave the odor of alcohol on a person's breath, the driver could easily get hit with both statutes when they are in actuality far from impaired.

For this reason it is critical that drivers under the age of 21 do not consume any alcohol before driving. Underage drinking laws notwithstanding, it is in no way an acceptable risk to drive after drinking even one drink in this situation. It is likely that after a person is automatically charged under ARS 4-244, they will be almost guaranteed to be charged with ARS 28-1381(1), and the former charge being used as leverage for the latter in court.

If it is too late, don't despair. An experienced DUI lawyer will be able to look at your case and determine if there is a possibility for a defense or lessening of the charges. In most jurisdictions these days the majority of cases are handled by plea bargain, in response to the massive overcrowding of the legal system. Many DUI attorneys in Phoenix offer free consultations to clients, so you risk nothing by making a phone call.

Cias Hart is a veteran and resident of Arizona. If you live in the greater metro area and have been charged with underage drinking and driving, contact a reputable Arizona DUI attorney immediately. Most offer free consultations and will be more than willing to assist you in your legal troubles. If you have not had any problems, consider speaking with an Arizona DUI defense lawyer so you have a contact should you find yourself in legal trouble. Good luck and stay safe!

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Arizona DUI Charges Become a Felony If Kids Are in the Car

You may not realize that aggravated DUI charges aren't necessarily dependent on your blood alcohol content. While a BAC reading over 0.15 will convert your DUI from a misdemeanor to a class three felony if you live in Arizona, other factors can increase the severity of the charges as well.

For example, according to Arizona law, if you are charged with your third DUI within a seven year time period, you are automatically charged with a felony. Another factor that can lead to the increased penalty is the presence of minors in the vehicle at the time of the arrest. If you had passengers in your car who were children under age fifteen when you were stopped for your DUI, Arizona law dictates that you may be charged with felony DUI. The higher penalty for the involvement of minors applies whether or not you have any previous drunk driving convictions or previous criminal history. This is especially worrisome because even though your record has been entirely clear up until this point, you could be hit with the DUI law's most extreme penalties.

Arizona has some of the strictest DUI laws in the nation; charged with felony, or aggravated, DUI means a person will usually face mandatory jail time, higher fines and court costs or fees, loss of their driver's' license for up to three years, mandatory counseling, therapy, and treatment, and continuing monitoring and probation after release from jail.

In addition to the automatic bump from misdemeanor to felony, the prosecutor may decide to make an example of you. If you had minors under fifteen in your car when you were arrested the state of Arizona may decide to also charge you with child abuse or child endangerment. Suddenly, your already serious criminal charges rise to a completely different level of severity. While such charges are generally assessed at the prosecutor's discretion, they are always a possibility.

Felony charges are some of the most serious charges you can be confronted with. A felony record can cause life-long complications, affecting your career prospects, educational opportunities, ability to parent, and numerous other aspects of life that you may take for granted.

In light of the serious implications of felony charges, and the severity of Arizona DUI laws, if you live in the Phoenix area it is imperative that you hire a Phoenix DUI attorney to assist you in your defense. An Arizona DUI attorney will have the experience and knowledge required to obtain the best possible outcome for you. An attorney may be able to obtain a reduced sentence which avoids any jail time, get the charges reduced, or establish that probable cause was lacking when you were initially pulled over.

In order to have the best possible chance of clearing your name, contact an attorney to advise you today.

For more information on finding a DUI attorney in Phoenix, visit DUI Attorney Arizona online. You can connect with experienced, skilled DUI legal professionals who will protect your rights while helping you through the legal process.

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Hire a Phoenix Arizona DUI Lawyer: Get the Help of an Expert

Being arrested on a DUI charge is certainly not going to make anyone's bucket list, but some places are a bit worse than others to find yourself facing a DUI legal case.

Arizona laws are quite stringent when it comes to cases of DUI. In 2009 alone, Arizona made 14,000 arrests for DUI. And that number was up from the year before.

If you are arrested in Arizona for a DUI, you will need a Phoenix, Arizona DUI lawyer to help you with your case. Why? Because you could be looking at some stiff penalties.

The consequences for a DUI arrest in Arizona hinge on whether or not this is your first offense. If you have had a DUI arrest in the last seven years, then this is not your first offense.

Your blood alcohol level at the time of arrest greatly impacts your case. If your blood alcohol is.08, you are looking at a minimum of ten days in jail. But you could be looking at 180 days. Your fines start at $1800, but increase with your jail time as you pay the costs for your jail stay.

You can say goodbye to your license for 90 days. It is possible to get a permit to travel to and from work or school after the first 30 days of suspension.

Substance abuse counseling is a mandate, not an option. If you do not comply with the recommendations from counseling, you are looking at increased jail time.

Your probation will last up to five years. Expect Community Service and you will likely be sentenced to attend at least one Impact Panel with M.A.D.D. (Mothers Against Drunk Driving).

Additionally, you will get an ignition interlock device on your car for a minimum of twelve months. This is a breathalyzer on your car that you must blow into in order to drive. If your blood alcohol level is above the programmed limits, your car's ignition locks. Once your car does start, you will have to blow into the breathalyzer periodically. Failure to blow a clean sample into the machine will initiate alarms forcing the driver to either provide a clean sample or pull over and turn off the car.

If it is your second offense with a blood alcohol level of.08, then you can expect stiffer penalties. And an increase in blood alcohol levels means an increase in penalties. For example, a first offense with blood alcohol level of.15 is a minimum of thirty days in jail. You could spent up to 180 in jail. Your fines increase to a minimum of $3,000 and the bad news just gets worse from there.

When you are shopping for a lawyer, you need to find someone who has the experience you need to help you with your case. A lawyer who specializes in DUI is the better choice, since they are intimately familiar with the laws and fines associated with a DUI charge. Your case could go to trial and in that case, your expert Phoenix, Arizona DUI lawyer will make or break your future. A successful, DUI lawyer will help argue you out of heftier fines and penalties.

Seek out a Phoenix, Arizona DUI lawyer who has demonstrated success in the courtroom and who really cares about your case. Also, don't forget to talk finances with your lawyer. That's an important piece of the puzzle.

Some drivers try to avoid a DUI charge by refusing to submit to the breathalyzer test, which must be performed within two hours of your arrest. Doing so automatically means your license will be suspended.

A DUI arrest in Arizona means you can automatically lose your insurance coverage. At minimum, you will pay exorbitant insurance rates. If your insurance company drops you, you may have difficulty finding another insurer. You must have insurance to have your license reinstated.

Driving while under the influence is dangerous. In Arizona, 39% of the fatalities in 2006 were alcohol-related. Thirty-two percent of the total fatalities were due to drivers with a.08% blood alcohol level. Arizona's alcohol-related fatality numbers are dropping annually, due to their war on DUIs.

The best thing to do is avoid needing a Phoenix, Arizona DUI lawyer.

If you have had too much to drink, please call for a taxi or call a friend to drive you home. Sure, taxis are expensive, but they beat the cost of a DUI arrest. You may lose face with your friend, but that's certainly better than losing your clean arrest record-or adding to an existing record.

Some taxi companies have special programs to help drivers avoid driving drunk. They will take you home at a discount and the next day, they will drive back and return you to your car-at no cost.

There are avenues out there to avoid a DUI charge.

Now you know the importance of hiring a good DUI lawyer. Learn more and search for a Phoenix Arizona DUI lawyer at http://www.phoenixarizonaduilawyertips.com/

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New Arizona Bill Will Limit Right to a Jury Trial for DUI Defendants

On April 29th, 2011, AZ SB 1200 was signed into law by Governor Jan Brewer and is to go in effect on December 31, 2011. The bill approved by the Arizona Legislature will end the automatic right to a jury trial for first-time DUI offenses. As the law currently stands, first time DUI defendants have a right to a jury trial, however, under the new provisions it would be up to the judge's discretion for whether or not to grant a jury trial.

This new law only applies to first-time DUI offenses. Repeat offenders would still have the right to a jury trial. The bill does, however, offer an alternative to first-time offenders. Their case can be heard in front of a judge, who can ultimately decide whether or not the DUI suspect was guilty.

This change only reflects one aspect of the bill, which covers many other changes to current DUI laws. For example, an important change is the length of time in which first time DUI defendants are required to install an ignition interlock device inside their vehicles. Prior to the change, first time non-extreme offenders had to install an ignition interlock device for twelve months. With the new law, that length of time will now be reduced to six months instead.

The purpose of reducing the ignition interlock time requirement for first time DUI defendants was to help Arizona families who were struggling with the hassle of an ignition interlock device. Shortening the duration of the installation requirement relieved the financial burden of having to keep up the monthly fees, as well as the time it takes to get the device calibrated and reset.

The change to the right to a jury trial happens to be the particular aspect of the bill which has been met with opposition from some citizens and lawyers alike. Supporters of the amendment claim that the change was made in an effort to reduce the state's cost for expensive jury trials for lesser DUI charges. Those individuals who have trouble with the amendment argue that revoking a defendant's statutory right to a jury trial is unjust. Especially considering the fact that repeat offenders still enjoy the benefit of having their rights preserved.

Counties within Arizona will in fact save money because there is not jury trial requirement; however, many lawyers have stated that they will challenge the provision on constitutional grounds. Many stand firm on the fact that criminal defendants are supposed to have a right to a fair and speedy trial and they are supposed to have their case heard by a jury of their peers. If you or someone you love has been arrested for DUI in Arizona, where the SB 1200 will be going into effect, you should seek the advice of an experienced DUI defense lawyer who is abreast of the new laws and how they might affect you.

The Wallin Law Group is a DUI defense firm serving the residents of Phoenix and the surrounding communities. Their firm specializes in DUI defense law, which means that they have the experience and qualifications necessary to provide you with a strong defense. Their firm has successfully helped their clients obtain sentence reductions and they have helped get their charges dropped altogether. When you are facing criminal and administrative sanctions, you can't afford to hire an attorney who doesn't specialize in DUI defense law. If you choose to hire an attorney from their firm, you can rest assured that your case will be handled by heavyweights who know the best strategies for your defense. Contact a Phoenix DUI defense lawyer from their firm today at (888) 612-3943 or by visiting the firm's website at http://www.phoenixazduidefenselaw.com.

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