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January 5, 2011

Are DUI field sobriety tests required?

Filed under: DUI,DWI — admin @ 10:53 am
The horizontal gaze nystagmus test, which asks subjects to follow an object (such as a pen) with their eyes, is one of several tests used by officers roadside during DUI stops to test for drunk driving.

The horizontal gaze nystagmus test, which asks subjects to follow an object (such as a pen) with their eyes, is one of several tests used by officers roadside during DUI stops to test for drunk driving.

If you are stopped on suspicion of a DUI, the officer stopping you is likely to ask you to perform a battery of field sobriety tests. These mental and physical tests, which can include asking you to say the alphabet backwards, touch your finger to your nose or stand on one leg, are used to determine roadside whether or not you are too impaired to drive. In case you are stopped, keep in mind that field sobriety tests are voluntary, and it is within your legal right, not to mention in your best interest, to politely refuse.

Studies have shown that field sobriety tests can be inaccurate in determining whether or not a suspect is too inebriated to drive legally. People with certain medical conditions or injuries, elderly people and people who are seriously overweight often cannot pass standard field sobriety tests, sober or not. Moreover, test performance is often subjective, meaning whether you pass or fail is up to the officer conducting the test. Think twice before submitting to field sobriety tests. Performing poorly on these tests may provide the probable cause for your arrest and even be used against you in court.

If you are facing DUI charges, a skilled Arizona DUI lawyer such as Josh Blumenreich can advise you on the best next steps. For a free initial consultation about DUI or other criminal charges, please contact us today.

December 29, 2010

What to Do at an Arizona DUI Checkpoint

Filed under: Arizona Criminal Law,Drugs & Narcotics,DUI,DWI — admin @ 1:45 pm
When stopped at an Arizona DUI checkpoint, it's important to stay calm and respectful at all times.

When stopped at an Arizona DUI checkpoint, it’s important to stay calm and respectful at all times.

It’s no secret that Arizona has some of the strictest DUI laws and penalties in the country. To help enforce these laws, sobriety checkpoints are located throughout Phoenix and the rest of the state, usually during holidays such as Memorial Day, July 4th, Labor Day and New Year’s Eve. At these checkpoints, police officers are looking for drivers who show signs of driving under the influence of alcohol. Though the locations of these checkpoints are posted in advance, getting stopped at a checkpoint can be nerve-wracking, whether you’ve been drinking or not. Here are a few ways you can prepare in case you are stopped at an Arizona DUI checkpoint.

  • If possible, find out where DUI checkpoints will be in your area before the holiday. DUI checkpoint locations are typically posted on city and state government websites as well as in newspapers, on the radio or on the local news.
  • Keep your license and registration handy in case you are stopped. When stopped, always present your license and registration right away. Fumbling for your license and registration could arouse suspicion.
  • Do not supply any more information than required of you by law. Even when asked, you do not have to tell the checkpoint officer where you have been or where you are going, or supply any information about alcohol or drug usage recently or in the past. Remember your right to remain silent and that anything you say can be held against you in a court of law.
  • If you have passengers in your car, make sure they do not have any open containers or drug paraphernalia. If these items are found during a search of your car, you could be charged with a DUI or drug possession.
  • In any case, remain calm and respectful. Regardless of guilt, nervousness or rudeness will not help the situation. Stay composed, present your license and registration right away and do not complain about the checkpoint.

If you or your passengers have been charged with a DUI or drug possession in Arizona, you will need the counsel of an experienced Phoenix criminal lawyer. A former prosecutor, Josh Blumenreich can advise you on the best way to proceed in the very serious case of DUI charges. For a free initial consultation, please call (602) 252-2570.

September 9, 2010

Arizona DUIs: What You Need to Know

Filed under: Defense Lawyer,DUI,DWI — admin @ 1:02 pm

According to statistics released by the Arizona Governor’s Office, there were more than 14,000 DUI (driving under the influence) arrests in Arizona in 2009. Of those arrests, more than 900 involved motorists with blood-alcohol contents (BAC) greater than .15, considered an extreme DUI under state law.  In Arizona, a DUI conviction can result in severe penalties, including fines, suspension of driving privileges, court-mandated alcohol or drug counseling and even jail time. In addition, having a DUI conviction on your criminal record could bar you from getting certain kinds of employment and traveling to other countries.

Arizona and DUI's

Arizona Has Strict DUI Laws

A DUI is defined as operating a motor vehicle under the influence of drugs or alcohol at intoxication levels measuring higher than the legal limit (.08 in Arizona). There are several levels of Arizona DUI charges, including:

  • DUI (misdemeanor) – blood-alcohol contents of .08 or greater within two hours of driving.
  • Extreme DUI (misdemeanor) – blood-alcohol contents of .15 or greater within two hours of driving.
  • Super-extreme DUI (misdemeanor) – blood-alcohol contents of .20 or greater within two hours of driving.
  • Aggravated DUI (felony) – A DUI may be considered aggravated if the motorist is driving drunk on a suspended or revoked driver’s license, with a passenger under the age of 16 in the car or had two prior DUI convictions within the last seven years.

 

Punishments for first-time offenders convicted of a DUI can include up to six months in jail, up to $2,500 in fines and surcharges, a 90-day driver’s license suspension and alcohol counseling. In addition, those convicted of a DUI must have a device installed in their car that locks the ignition if alcohol is detected in their system. Those convicted of an extreme DUI, a super-extreme DUI or an aggravated DUI or multiple-time offenders are likely to face more severe legal repercussions, depending on the circumstances.

Commercial drivers, even first-time offenders, can face stiffer penalties than non-commercial drivers. For those operating a commercial vehicle with a BAC higher than .04, the legal repercussions can include up to 90 days in jail, a $500 fine, a one-year driver’s license suspension and community service. Many commercial drivers with DUI convictions may be terminated from their jobs.

Motorists under the age of 21 convicted of driving with any alcohol in their system are subject to DUI charges, and face a $250 fine, community service and a two-year suspension of their driver’s license.

The first step in any DUI defense is to request a hearing with the Arizona MVD. This hearing must be requested within 15 days of being charged with a DUI to avoid automatic driver’s license suspension.

If you are currently facing DUI charges in Maricopa County, Josh Blumenreich, a former prosecutor, can advise you on the next steps and provide you with the aggressive legal counsel you need. Contact us for your free initial consultation.

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