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

Arizona DUI Laws Explained

Arizona DUI laws state that Driving Under the Influence (of alcohol, illegal drugs, or prescription drugs that impair driving) can be prosecuted whether the driver is merely impaired or by having a blood alcohol level of .08% or greater.

This means, if you are driving with a BAC of less than .08%, you can still be charged with DUI if the officer feels that your driving is impaired. You can be charged with DUI if your BAC is over .08% even if your driving is not impaired.

Arizona DUI laws specify that two cases will be initiated when the District Attorney charges you with drunk driving. The first is the Motor Vehicle's Department hearing. You have only 15 days from the date of your arrest to request a MVD hearing. If you do not, this bureaucracy can strip you of your driver's license for 90 days without a court hearing.

The second is the criminal case tried in front of a Judge. You have the right to a 6 person jury, but you can waive this and have the Judge try it alone.

If you are convicted of a first time DUI, you will be sentenced to 10 consecutive days in jail. Nine of these ten days can be suspended if you get an alcohol and drug evaluation and pursue any treatment recommended. You'll pay $750 in fines and surcharges. You can also be placed on probation for up to 5 years.

The consequences become more severe if you have multiple DUIs, an especially high BAC, or children under 15 in the car when you're arrested.

For instance, under Arizona DUI laws, a third conviction within 5 years requires a minimum of 4 months in jail and thousands of dollars in fines. You will also lose your license for 3 years. If you owned the vehicle you were driving at the time of arrest, you could forfeit it.

A Guide to Arizona DUI Attorneys

As with any service that you may need, the Internet is one of the best sources to find individuals and companies providing the services that you need. With regard to legal services, this is also very true because lawyers and law firms also advertise their services online. Although this may augur well for people who enjoy picking from a wide selection of choices, the fact that there are thousands of individuals who offer legal services can also mean that some of them may have other agendas. Given the ease with which a person can put up a web site, there may be times when the "lawyer" that you are dealing with online may only be out to con you out of your money. Given this, people need to arm themselves with information so they can avoid being fooled by these "lawyers."

Things to watch out for

If in case you find yourself being charged with DUI in a place like Arizona where there are stiff penalties, you also need to be aware of a number of things to consider when hiring a lawyer. Usually, this involves knowing what you should be wary about when dealing with lawyers. One of the things you should be wary about is the "sweet talker," who promises you all the best scenarios with regard to your case. Usually, these lawyers may only be after the acceptance fee or the retainer's fee you would give them. Another thing you should be wary of is the overextended lawyer, who may not have the time to effectively handle your case because he is handling too many other DUI cases.

With regard to the fees that lawyers quote you, you should also be wary of those who charge too high or too low because the motives that they have for doing so can be suspect. In Arizona, you should only expect to pay about $3,000 to $15,000 for a first offense. For felony DUI's, you can expect to pay between $15,000 to $25,000. If the lawyer would charge an hourly rate, expect only to pay about $350.00 per hour.

In getting legal services, the Internet can serve as one of the best places to start your search. However, the Internet is also home to some unscrupulous people who only want to fool you out of your money. Given this, it would be best to get an idea of what you can expect to see in the market so that you can avoid being fooled by lawyers who cannot give you the legal services that you need.

Arizona DUI Records

Similar to arrest records, Arizona DUI records are a collection of cases wherein the offenders are charged with driving under the influence of alcohol or drugs. It is available for public viewing and is primarily used by insurance companies and agencies wishing to hire a candidate. The purpose is to make sure that the individual has no criminal records related to drunken driving.

Registrations of the DUI records are done by the motor vehicle departments and the law enforcement agencies. Once a person is featured in the DUI records, normal life recedes into the distant past. Some aspects of the punishment include alcohol classes, enormous fines, and increased insurance costs. To avoid the legal complications, it is advisable to keep evidence in support of the driving school attended or fines paid.

Several companies in Arizona do regular, scheduled Arizona DUI Record checkups. Failure to inform the employer of a recorded offense results in the immediate loss of work and initiation of legal proceedings against the employee.

DUI records also make a note of less severe offenses like a parking ticket. In such cases, once the fine has been paid, it is recommended that the offender ensure that the authorities remove the name from the record. This is important because if the government agency fails to correct it on time, it leads to several complications, especially if the offense is committed following a theft of the vehicle. It can result in a case of mistaken identity and false assumption of an individual having served time for drunk driving. Inaccuracies in the DUI record can hike up the insurance rates and wreck the chances of success even for the most qualified candidate.

Simple safety precautions and advanced knowledge about Arizona DUI record allows one to correct the errors and avoid complications.

Arizona DUI Attorneys Criteria

DUI is an acronym for driving under influence (of alcohol or other banned substances). DUI offences are punishable, requiring a hearing in the court. Depending upon the level of alcohol or banned substances in the blood and any injury to man and property in case of an accident, the court decides the punishment for the offender.

It is very important in such offences to get the best possible attorneys, since though the offence may not seem big enough to the offender, the law sees it otherwise and gives the court a right to impose severe punishments.

There are a few criteria that need to be kept in mind, while selecting an attorney in Arizona, in case of a DUI offence. The first and perhaps the most important thing to keep in mind is to never ever think of defending the case without an attorney since the intricacies of the law can only be understood by a DUI Attorney. And yet, not all DUI attorneys are the same and the decision of selecting an attorney could have a big impact on any case.

There may be some attorneys who will attempt to con an accused into something unethical. Falling for such cheap tricks could lead to ruining one's case. One should also not fall for advertising or marketing gimmicks. Again, it helps to remember that getting an attorney who is not too busy helps, since he or she would have the requisite time and drive to take up the case seriously.

The history of the attorney needs to be checked. There are attorneys with a chronic habit of always pleading guilty for their clients. This may not really be a good idea in every circumstance and therefore it may not be a good idea to hire him. Also, if the attorney does not have experience handling DUI cases, it is best not to hire him. Look for an attorney who has handled hundreds of cases. In DUI cases, the experience of the attorney makes the real big difference.