Arizona DUI Penalties

In case of a DUI related crime, the penalty handed down to an accused depends mainly on two factors, the type of DUI that was charged, which is dependent on the gravity of the crime or offense, and on the criminal record of the accused.

In case of being a first DUI or if the Blood Alcohol Count (BAC) is above the specified limit of .080, the sentence could be jail term of 10 consecutive days, nine of which are subject to being suspended on completion of the substance and alcohol abuse screening, counselling and treatment ordered by the court. A fine of $1475 is charged with additional amount of $250 towards the DUI abatement fund, and a suspension of the driver's license for three months. The judge could also put the accused on probation of up to five years.

In case of a second DUI or BAC above the level of 0.080, a 90 days jail sentence is awarded, of which 60 days can be suspended based on the completion of substance and alcohol abuse screening, counselling and treatment as ordered by the court. The fine is $2675, with additional amount of $250 towards the DUI abatement fund, revoking of the driver's licence for one year, and a possible probation period of five years. The court has the right to forfeit a vehicle belonging to the accused which he or she was driving, at time of the arrest for DUI.

In case of a first extreme DUI with a BAC of 0.15 or higher, the sentence could be jail term of 30 consecutive days of which 20 days can be suspended on completion of the substance and alcohol abuse screening, counselling and treatment ordered by the court. A fine of $2225 is charged with additional amount of $250 towards the DUI abatement fund, a suspension of the driver's license for three months i.e. 90 days. The judge could also put the accused on probation of up to five years.

In case of a second extreme DUI with a BAC of 0.15 or higher, the sentence could be jail term of 120 days, 60 of which are subject to being suspended on completion of the substance and alcohol abuse screening, counselling and treatment ordered by the court. A fine of $2225 is charged with additional amount of $250 towards the DUI abatement fund, a suspension of the driver's license for three months. The judge could also put the accused on probation of up to five years.

In the case of a felony DUI in the presence of a child under the age of 15, if the accused has a clean record previously, the accused will have to serve a prison term for between 4 months to 2 years. The fine slapped is up to $150,000 with a surcharge of 80 percent. The driver's license of the accused is revoked for three years, the probation period extends up to ten years and the court has the right to seize the vehicle in which the DUI felony was committed.

For a felony DUI or a third DUI in the last sixty months, the minimum sentence to be served is 1 year to 3.75 years in prison. The fine is up to $150,000 with a surcharge of 80 percent, with the driver's license standing revoked for three years and a possible probation of up to ten years. The punishment includes a possible forfeiture of the vehicle in which the last felony was committed.

Arizona Immigration Lawyers

The process of migrating to another country, especially countries with very stringent and strict immigration laws like the United States, involves strictly following a specific set of rules and processes. This is because the slightest infractions of these rules and processes can jeopardize your chances of successfully migrating to your host country. This is very true in almost all states in America because, given that it is the federal government that determines the general principles in immigration laws, state governments only "pattern" their immigration policies after the federal government's immigration policies. This means that whether you are in New York or in Phoenix Arizona, you would still have to go through the same process with regard to immigration. Given this, you need to get the services of an immigration lawyer who can effectively guide you during the whole process.

Advantages of getting an immigration lawyer

One of the biggest advantages that you can get when you hire an immigration lawyer is that you can have access to the appropriate legal advice that you need when you apply for citizenship or immigrant status in your host country. In addition, an immigration lawyer can also give you guidance on the immigration laws and rules of your host country or locality, which can help you avoid violating immigration laws and rules and do not jeopardize your application. Lastly, an immigration lawyer can also help defend you in legal proceedings in case you do commit a violation.

However, you should not be fully dependent on your immigration lawyer for all your immigration needs because he or she can only do so much and cannot stay with you every minute to tell you what or what not to do. Given this, you need to make it a point to have some knowledge of the immigration laws and rules of your host country to guide you on what you are supposed to do and what you are not. Additionally, some knowledge of immigration laws can also give you a certain level of peace of mind because having no knowledge at all can make you very paranoid about very action you take.

Given the strict immigration policies of some countries like the U.S., immigrants would do well to hire an immigration lawyer to help them during the whole application process for citizenship or immigrant status. However, immigrants would also do well to gain basic knowledge of immigration laws so that they can avoid violating immigration laws that their immigration lawyer may have neglected to discuss with them.

Arizona Lawyers provides detailed information on Arizona Lawyers, Arizona DUI Lawyers, Arizona Criminal Defense Lawyers, Arizona Divorce Lawyers and more. Arizona Lawyers is affiliated with Colorado Employment Lawyers.

Arizona DUI Proceedings

Like most other court proceedings, the Arizona DUI proceedings are complex and depend on a lot of variables. The most important and one that often decides the fate of the case is whether the DUI has been registered as a misdemeanour or a felony. A misdemeanour carries less sentence or fine than a felony.

The DUI proceedings in Arizona do not always follow one line of process. Before a criminal court case is initiated, an accused has to go through an MVD hearing session. This hearing has a direct bearing on the right of the person to drive in Arizona. This, should, therefore, take an equal priority. There are also deadlines imposed by the court on the hearings. An accused should be aware of this deadline, for failure to request a hearing before this said deadline, makes the defendant lose the right to the hearing.

The first step in the DUI criminal court proceedings is the appearance before the judge. This initiates the case and the presence of the accused is not required unless he or she has been charged DUI felony. In this first appearance, the charges against an accused are read. The extent of the charges decides whether one goes for a bail application or an appearance bond.

There is a preliminary hearing held after this, unless of course, an indictment has happened. The judge, in this hearing, decides the causes and evidence present and whether that was enough to press DUI charges against the accused. What can go wrong here is the pressing of additional charges, which may require the judge to order the accused back into custody.

The step after this is the arraignment ordering the accused to be present at the Superior Court. This usually happens only in cases of aggravated DUI charges in Arizona. Here the accused is informed of the charges and given a chance to answer them.

Next is a pre-trial conference, where the attorney of the accused is allowed to negotiate a plea with the prosecuting attorney. This is also the time for the issuance of the pre-trial motions.

After these, the actual DUI criminal trial is initiated. How the case is fought by both the attorneys will determine the sentence given to the accused. This could range from a simple and small jail sentence, to a prison term, unsupervised probation or even a formal probation. The sentence may also end up including a combination of the said punishments. The defendants' attorney has the chance to negotiate some alternative programs, instead of a jail or prison sentence. This can include electronic home monitoring, treatment, weekend work or even counselling.

Arizona DUI Arrests

"Driving Under the Influence" or drunk driving is a punishable offence. The driver is arrested by police officers and taken into custody. It is not necessary to handcuff or restrict the physical movements of the suspect. An arrest can be executed by merely informing the suspect of the process.

The police officer makes the decision to arrest the suspect based on certain facts and evidence indicating the individual's involvement in the crime. The DUI arrests in Arizona can be affected based on two identified causes: an impaired driving ability as a result of intoxication due to the consumption of alcohol or drugs, or a blood alcohol level of 0.08% or more. Charges are serious if the blood alcohol level is detected to be more than 0.15%. If the driving ability is found to be impaired due to the influence of a drug, it results in conviction irrespective of the fact that it is a legally recommended medication.

In Arizona, DUI arrests are considered a misdemeanor if a person is accused two or more times in the span of five years prior to the current offence. However, a far more serious note is taken if the offence is during the suspension or cancellation of the driving rights or if a child below the age of fifteen is in the car. Punishments depend on the seriousness of charges and the defendant's criminal record. The amount payable as a fine depends on the number of crimes recorded against the individual and the percentage of alcohol detected in the person. In the first instance of DUI (below or above 0.15% BAL), a fine of $250.00 is imposed and subsequently (when BAL is above 0.15%), it is increased to $500.00. A third-time offense within five years fetches $1,000 to $10,000 as fine.

There are ways to decrease the charges; however the best way to avoid them is to simply not mix drinks with driving.

Arizona DUI Attorneys Online

Given the stringent rules and laws with regard to DUI cases that are in place in Arizona, people who face DUI charges should ensure that they get a good lawyer who can represent them and give them legal advice. In addition to getting a lawyer with the right competencies and skills with regard to the statutes in Arizona, people who face DUI charges should also try to get a lawyer who specializes in DUI cases.

Getting a lawyer with vast experience in DUI cases offers a number of benefits. The good news is that there are a number of sources where people can get good lawyers, especially those who specialize in DUI cases. One of the best places to start a search for lawyers is the Internet, as it hosts a large number of web sites of lawyers and law firms including those who specialize in DUI cases.

Searching online

Searching for a DUI lawyer online involves "canvassing" for a lawyer by visiting the web sites of the lawyers that are based in an area and getting information about them so that you can assess and decide on which lawyer you would get. The good news is that there are a large number of lawyers and law firms who advertise online. However, the most important step in searching for a lawyer online is interviewing the lawyers you are considering either through the phone or through personal visits. In these interviews, there are a number of important questions that you should ask so that you can see which lawyer can give you the best legal services.

Some of these questions include asking about the lawyer's experience, asking him about his fees, and asking him about your options with regard to your case. By listening to his answers to these questions, you would be able to ascertain if the lawyer can provide you with the appropriate legal services that you need.

Being charged with DUI, especially in a place like Arizona where there are stiff penalties for such cases, requires that you get a good lawyer who can help you face the case. One of the best places to look for a lawyer, which include those who specialize in DUI cases, is the Internet, as it hosts a large number of lawyers who advertise their services online. However, apart from the information that they provide on their web sites, it is still very important to talk to the lawyers you are considering so that you can see for yourself if they are as good as they say on their web sites.