Phoenix DUI Charges and Legal Process

DUI in Phoenix can be charged in two ways. The first is driving impaired. Driving impaired suggests that your capability to operate a vehicle has been jeopardized from the ingestion of alcoholic beverages or another drug. Since you aren't breaking the "per se" statute, driving impaired is not as severe a criminal offense as DUI. The "per se' law is whenever your BAC is.08 % or more.

Phoenix drunk driving laws cover almost anything that you need a permit to operate. This would cover cars and trucks, jet skis, motorbikes, and may even extend to bicycles. seem tough to believe, but it is true. Whenever you're under the influence of a substance that reduces your mental capability to control a vehicle, you are subject to Phoenix laws. Driving a car while being impaired by alcohol consumption is definitely the main instance of Phoenix DUI arrests. Even so, many other substances are widespread as well. These include marijuana, cocaine, meth, tranquilizers along with other well-known drugs.

Phoenix DUI laws do not allow driving a motor vehicle with a blood alcohol concentration (BAC) of.08 % or higher. If you're stopped while driving a car and has a BAC of .08 percent or greater, you are going to be arrested and charged with DUI.

Listed here are the legal ramifications plus the legal process for DUI in Phoenix.

The fines and punishments with regard to a Phoenix DUI will be different based on the circumstances of the criminal offense, and whether or not there is a track record of earlier offenses. However a Phoenix DUI is still a significant charge. If found guilty you are facing a large fine, driver's permit suspension, and possibly other restrictions. Hence, even if this is your first DUI, you have got to consider this a major predicament.

First violations seldom entail prison time except if the DUI incident included a physical injury or death.

A Phoenix DUI usually is a misdemeanor except if: 1. If in the last five years you have been convicted of 2 or more DUIs. This is applicable even if the DUI was in another state besides Arizona. 2. If you have had your drivers permit suspended and you're driving under the influence 3. A child younger than fifteen is in the automobile at the time of the drunk driving criminal offense.

A more significant charge of third degree homicide or vehicular homicide often is the end result when there is a death as a result of the drunk driving.

Typically a Phoenix drunk driving case is a tried by a jury. If you choose, you may give up the right to having a trial by jury. If that's the case, your judge will rule.

Due to the fact Phoenix drunk driving cases are such a common legal offense, there are plenty of Phoenix DUI lawyers to help you in defense of the offense. Actually, there are many attorneys that will only handle DUI cases. These attorneys are often called 'DUI attorneys'. Since driving under the influence is a really serious charge, it is strongly suggested that you consult with an attorney without delay after receiving charged. You obviously want to select the most effective Phoenix DUI attorney for your case.

I invite you to check out more information about Phoenix DUI.

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Phoenix DUI Lawyer - Senate Bill 1069 Will Increase Minimum DUI Punishment 120 Times

According to a Phoenix DUI Lawyer, Senate Bill 1069 which will be heard by the Arizona State Legislature in the Second Regular Session of 2010 is proposing changing the now class 6 felony of DUI with a person under 15 years of age in the vehicle to a class 4 felony. Currently, if somebody is driving under the influence with a child 14 years of age or younger in the vehicle they are subject to the corresponding DUI jail time corresponding with its misdemeanor counterpart. This new Senate Bill proposed to change the designation from a class 6 felony up to a class 4 felony. It also seeks to increase the punishment to match the standard class 4 Aggravated DUI punishment. Currently that punishment is a minimum of 4 months in prison for a first offense. Prison means that the person would be sentenced to the Department of Corrections for 4 months with no work release or work furlough option (i.e., 24 hours a day in custody).

Run of the mill Aggravated DUI usually involves a 3rd DUI conviction within 7 years. Most people agree that if you did not get the point after the first 2 DUIs, you should go to prison on the 3rd DUI. A second provision (which is not as well known) states that if you get any DUI conviction while your license is suspended (even if it is suspended for an unpaid ticket such as jay walking or failure to register your car) then you also get 4 months in prison. Most people are shocked to hear about this provision and think that the punishment is overly harsh for a person's first DUI. Every county in Arizona (except for Maricopa) usually does not enforce this second type of Aggravated DUI. In other words, they will let you plead to a misdemeanor DUI with a misdemeanor Driving on Suspended License ticket.

In Maricopa County, Andrew Thomas has decided that people who get a DUI while their license is suspended should go to prison for 4 months (no exceptions). The problem is over 50% of Arizona citizens have had their licenses suspended at some point during their lives. Usually, when they were younger and they have simply failed to take care of a simple traffic citation. In Maricopa County, Andrew Thomas has managed to destroy the lives of many a college student who got their first and only DUI while their license happened to be suspended (thereby resulting in 4 months of prison, expulsion from any State University, loss of scholarship, etc.).

It now appears that the State Legislature wants to add this 4 month penalty to anyone who gets a DUI while they have a child under 15 in the vehicle. Many may argue that driving under the influence with a child in the car is much more serious than getting a DUI while your license is suspended for failing to pay a $50.00 reinstatement fee. I say to those people, you might be right. Therefore, in this time of economic crisis and budget woes, would it not make more sense to reduce the DUI penalty for DUI with a suspended license from a class 4 felony to a misdemeanor DUI and a misdemeanor Driving on Suspended License. As a Phoenix DUI Lawyer, I say this makes more sense.

David Michael Cantor is an AV rated (the highest possible rating) and a Certified Criminal Law Specialist per the Arizona Board of Legal Specialization. For more information about Phoenix DUI Lawyers, visit our site.

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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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