Archive for January, 2011
Phoenix DUI Law – The Details
January 26th, 2011 | 
Author: PHOENIX DUI
Driving Under the Influence in Phoenix or a Phoenix DUI could be charged in two ways. The first way is not as severe as the second way. The first way is termed driving impaired. When you are charged with driving impaired this means your capacity to operate a vehicle has been reduced because of drinking alcohol or drugs. Because you’re not breaking the “per se” statute, driving impaired is not as significant a criminal offense as DUI.
Phoenix drunk driving laws cover just about anything that requires a license to operate. This would apply to cars, watercraft, motorbikes, and may even expand to bicycles. That might seem difficult to believe, but it is true. Whenever you’re intoxicated by a substance that reduces your mental ability to use a motor vehicle, you are susceptible to Phoenix DUI laws and regulations. The most frequent drug reported in examples of DUIs is alcohol. But, some other common drugs such as tranquilizers, marijuana, opiates, amphetamines, and cocaine are also prevalent.
Phoenix DUI laws forbid driving a vehicle with a blood alcohol concentration (BAC) of .08 percent or more. For anyone who is pulled over while driving a motor vehicle and has a BAC of .08 % or more, you will be arrested and charged with DUI.
Phoenix DUI Penalties and Process
The fines and punishments pertaining to a Phoenix DUI usually vary based on the circumstances of the criminal offense, and whether there’s a track record of earlier infractions.
Even if it is your very first DUI, you should look at this as a serious issue. The punishment for a DUI even for the first offender is pretty severe. You are looking at a large fine and loss of your driving rights. Other limitations may also be enforced upon you too. So, even if this is your very first DUI, it’s essential to consider this to be a serious predicament.
On a good note, if this is your first DUI, odds are you won’t spend any time in jail after you make bail. This certainly not the case however when there is a critical accident including injuries or death.
Phoenix DUI cases are normally misdemeanors, although they can be dealt with as felonies if: 1. If in the last five years you’ve been found guilty of 2 or more DUIs. This applies even if the DUI was in some other state besides Arizona. 2. If you have had your drivers permit suspended and you’re driving under the influence 3. A child under the age of fifteen was in the car at the time of the drunk driving offense.
A much more serious charge of 3rd degree murder or vehicular homicide could be the end result when there is loss of life from the drunk driving.
When you stand trial for a Phoenix DUI, you’ve got the legal right to a jury trial. You may waive the legal right to a jury trial and have the judge to decide the case.
Phoenix DUIs are common. Because there are many people who are charged with this crime, there are a number of Phoenix DUI lawyers that can help someone in their defense. There are many DUI lawyers that specialize entirely in representing individuals with such charges. These lawyers are often called ‘DUI attorneys’. Because driving under the influence is a significant charge, it is strongly suggested that you meet with a legal professional at your earliest convenience after getting a DUI.
Originally published here.
Brady Payne
Posted in 
Phoenix Arizona DUI Attorney – DUI Attorney Phoenix AZ
Arizona DUI laws underwent significant changes in September 2008. These laws are in effect as of the date of this article. Arizona already had some of the strictest DUI laws in the country. During the 2008 legislative session the legislature amended Arizona’s already tough DUI laws to make them even harsher. This means that if your were arrested for a DUI after September 2008, the new law and DUI penalties apply to you.
New Second Offense DUI Time Frame
There were many new changes made to Arizona DUI law in 2008. First, the prosecutor may now allege a prior DUI for up to seven years. Under the previous law, the prosecutor could only allege a prior DUI for five years. Unfortunately, regardless of whether your prior DUI occurred at the time when the law only allowed a prior for up to five years, the State may now use that prior up to seven years later. This means many more people in Arizona will now be facing second or third DUI offenses because the prosecutor can now reach back seven years to find a prior DUI offense in your history. So you will have a Second Offense DUI if you have a prior DUI within the last seven years.
No More Suspended Jail Sentences for Extreme & Super Extreme DUIs
In addition to expanding the time in which the prosecutor may allege a prior DUI, the new Arizona DUI laws enhance the mandatory minimum penalty for Extreme DUI and Super Extreme DUI offenders. The Judge can no longer suspend a portion of your jail sentence if you are convicted of an Extreme (A.R.S. 28-1382(a)(1)) or Super Extreme (A.R.S. 28-1382(a)(2) DUI. This applies whether your Extreme DUI or Super Extreme DUI is a first or second offense.
New Extreme DUI Penalties
Under these new Arizona DUI laws, a person convicted of a first offense Extreme DUI, (BAC of .15 or more) in Arizona is facing a mandatory minimum sentence of 30 consecutive days in jail. The new Arizona DUI laws require a minimum jail sentence of 120 days if you are convicted of a second offense Extreme DUI.
New Super Extreme DUI Penalties
The new Arizona DUI laws require a mandatory minimum jail sentence of 45 days for a First Offense Super Extreme DUI (BAC of 2.0 or more). A 6 month jail sentence is required for a Second Offense Super Extreme DUI.
New Driver’s License Penalties
The new Arizona DUI laws also have several new consequences on your license. First, before being allowed to drive following a suspension from MVD, a person charged with DUI will be required to obtained alcohol screening prior to reinstatement. The requirement for alcohol screening is not dependent upon a conviction. Also, following any DUI conviction, a person will be required to equip their vehicle with a certified ignition interlock for a period of not less than one year. The period of time required for the interlock device can be expanded.
The new Arizona DUI laws are sure to affect many people. Thus, people should be aware that if they or someone they know received a DUI conviction after September 2008, things have changed significantly and it important they contact an attorney to discuss their new case. The new consequences of a DUI conviction can be life changing.
Originally published here.
Theodore Agnick
Phoenix DUI | Phoenix DUI Lawyers| DUI Attorney Phoenix
phoenixduiservice.com 4see Service LLC 18326 West San Juan Ave Litchfield Park, AZ 85340 USA DUI Problems? Want to find Phoenix DUI Attorneys, Phoenix DUI lawyers, we can help…
