Arizona, like many other states, has strict DUI laws in place to protect
its citizens from potentially dangerous intoxicated drivers. In
comparison with other states, Arizona has some of the toughest DUI laws
in the United States. If you are found operating a motor vehicle with a
blood alcohol content higher than .08%, Arizona law states that you are
too intoxicated to drive. However, it is possible to be charged with DUI
despite the fact that your blood alcohol concentration is less than the
.08% legal limit.
There are a few important things that you need to remember, in case you
are ever stopped by the police and accused of Driving Under the
Influence. Educating yourself and knowing the facts about the law, is
the only way to ensure that you’re civil rights are not violated by any
officer of the law. Remember, the best advice that I can give you is
simply to not drive if you’ve been drinking. However, if you do find
yourself in a DUI traffic stop situation, the best defense is knowing
your rights and knowing how to handle the situation.
Here are a few tips that I recommend you remember:
1. First impressions mean everything! When asked for your driver’s
license and proof of registration, the officer is looking to observe how
quickly and efficiently you are able to perform the task, and respond to
his requests. Did you answer his greeting promptly? Did you look
concerned when he asked for your driver’s license? Was your hand shaking
when you handed the officer your information? These are all things the
officer looks to observe when approaching your vehicle to get a feel for
the situation, and determine whether you are potentially intoxicated or
not.
2. Prevention is the best solution. The officer has approached your car,
and passed judgment based on his interaction with you. Unless you’ve
given the officer reason to believe that you have been drinking, he
essentially has no reason to ask you to perform sobriety tests. This is
why it is important to avoid escalating the situation under any
circumstances.
3. Field sobriety tests are NOT required by law, and theres good reason
for it. Field sobriety tests come in many shapes and sizes, such as:
walking a straight line, touching your finger to your nose, counting on
your fingers, reciting your ABC’s, holding your leg up while counting,
the test where the officer asks you to follow a light with your eyes.
The law states that you are NOT required to do these field sobriety
tests, because the results can often be incorrect and misleading. Also,
these tests will be used as evidence against you in a court of law. For
this reason, I recommend that you politely refuse to do ANY field
sobriety tests. The law states that you must consent to a Breathalyzer
test, blood test, or urine test, at the officers request. Please
remember, the law does require you to perform only those 3 tests.
Failure to do so will result in a suspension of your driver’s license.
4. The Fourth Amendment is in place to protect you from the police
unlawfully searching you and your vehicle. The police may not search
your vehicle without probable cause, a search warrant, or YOUR consent.
If the police ever ask to search your vehicle, I recommend that you
politely decline to have your vehicle searched. If the police have to
ask to search your vehicle, they probably do not have a warrant or
probable cause.
5. Silence is Golden. Most people know that they “have the right to
remain silent”, but many still unknowingly give up that right by saying
things or answering questions that they shouldn’t. The officer’s job is
to gather information to be used against you at trial. The officer is
not your friend, nor is he your attorney. All comments, questions,
jokes, apologies, opinions, confessions, crying need be directed to your
lawyer, and NOT the police. Do NOT confess or plead your case to the
police. Politely refusing to answer questions is the only correct way to
handle this situation.
6. Ask to have a lawyer present. You don’t necessarily need to hire an
attorney on the spot, but by asking for a lawyer you force the police to
end interrogations until your legal counsel is present. This is
important to remember, because everyone should have the right to fair
legal representation when accused of a serious crime.
7. Always remain cooperative and never go it alone! Cooperation means
having a good attitude and being polite. It doesn’t mean answering
questions or doing field tests or talking. The way you handle yourself
often indicates your level of intoxication. The police department is
trained to specially handle these types of situations. They are
prepared, you need to be as well.
I strongly recommend that you give me a call at 623.889.0161 or email me directly for a
free, professional DUI consultation. I am well trained to handle all DUI
and Extreme DUI cases. Arizona has the toughest DUI penalties in the
country, and defending your freedom alone is challenging unless you are
familiar with the law. I would be happy to meet with you face-to-face
and discuss how we can best handle your individual case!
Always,
Michael S. Define
Attorney At Law
Arizona DUI Penalties*
*Charge: DUI*
Proof: Impaired to the slightest degree
Minimum Mandatory Sentence: 10 days in jail with 9 days suspended if you
complete alcohol education; $250 fine plus 80% surcharge plus other fees
(usually around $600 total; attend an alcohol screening and education
Maximum Sentence: 6 months jail, $2500 fine plus 80% surcharge and other
fees; 3 years probation
*Charge: DUI with BAC of .08% or more*
Proof: BAC of .08% or more
Minimum Mandatory Sentence: 10 days in jail with 9 days suspended if you
complete alcohol education; $250 fine plus 80% surcharge plus other fees
(usually around $600 total; attend an alcohol screening and education
Maximum Sentence: 6 months jail, $2500 fine plus 80% surcharge and other
fees; 3 years probation
*Charge: Extreme DUI*
Proof: BAC of .15% or more
Minimum Mandatory Sentence: 30 days jail with 20 days suspended if you
complete alcohol education; $250 fine plus 80% surcharge plus $250
assessment fee plus other fees (usually around $750 total; attend an
alcohol screening and education; equip your car with an Ignition
Interlock Device. Arizona has recently increased the penalties for defendants who reach or
exceed a 0.20 BAC. In such cases, the penalties increase dramatically.
While this offense is still considered an Extreme DUI, it is now commonly
called a “Super Extreme DUI”.
Maximum Sentence: 6 months jail, $2500 fine plus 80% surcharge and other
fees; 3 years probation
