It’s Labor Day and for police across the state it means heightened DUI efforts. Far from unusual, holiday weekends are a popular time for drinking and driving and for police to get some arrests made. Whether you’re in Tucson or Phoenix, expect both local and state agencies to be out in full force.

Even if you don’t have plans to party this holiday weekend, two or three drinks at a cookout can be just enough to put you over the legal limit. Many people wouldn’t consciously break DUI laws but many people underestimate their intoxication levels when getting behind the wheel.

Saturation Patrols and DUI checkpoints target holiday drinkers on Labor Day and a variety of other popular holidays. Fourth of July, New Years Eve, and Memorial Day Weekend are other big ones. Depending on jurisdiction, many communities involve law enforcement from multiple agencies working together to bust drunk drivers. The federal government regularly provides additional funding to local law enforcement for DUI patrols as part of the national Over the Limit Under Arrest campaign..

Police are always over eager to arrest suspected drunk drivers. This is even truer at checkpoints. Although their main concern is DUI, they will arrest you for license plate violations and warrants at these stops as well. Their overzealous behavior has even been known to cause some arrests of people who haven’t been drinking at all.

In Arizona, DUI laws are designed to protect the roadways, sometimes at the risk of criminalizing people who don’t deserve criminal charges. In other words, these laws are tough. For your first DUI offense you are looking at jail time, fines, probation, and a mandatory ignition interlock device.

An even harsher penalty is reserved for people who have a blood alcohol level of more than .15%. This is nearly twice the legal limit of .08% and though it’s considered a misdemeanor as well, the punishment can be much harsher.

Often the entire case against a suspected drunk driver is based on the results of a breathalyzer test. When this is the case, we can challenge those results in court. They are known to give false readings and officer training can also be a factor.

If you have an otherwise clean record, we may be able to negotiate a positive plea agreement with the prosecution as well.

Knowing your rights when you are facing DUI charges, whether it’s Labor Day or any other day, is critical. That’s what a defense attorney is for. If you’re facing charges like these, contact me today.

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Arizona DUI statutes account for people who are said to be extremely intoxicated at the time of their arrest. A 65 year old man is facing such Extreme DUI charges after police received a tip from a concerned citizen.

The elderly suspect was seen crossing the center line and leaving the road while trying to turn on Cornville Road in Camp Verde. Erratic driving like this is certainly enough for the police to pull you over.

Once the police made contact, ABC15 states they found the man to be confused and smelling of alcohol. He had an open container in the vehicle and admitted to drinking two 40 ounce beers. He failed sobriety tests at the scene and was found to have a blood alcohol concentration of .24%.

The legal limit for a DUI charge is .08%. When your blood alcohol level is found to be over .15% you can be charged with the more serious charge of “extreme DUI”. Extreme DUI carries harsher penalties as the risk you post at that level of intoxication is much greater.

While it isn’t clear if this particular suspect had any previous DUI convictions on his record, if this were his first, the penalties would be serious enough. Even with a clean criminal record, a first time charge of extreme DUI can get you up to 6 months in jail, fines, 3 years probation, and a 1 year license suspension and subsequent ignition interlock device.

If you have additional DUIs in your past, your penalties can be even further enhanced.

For an extreme DUI or even for a 2^nd or greater offense of a regular DUI, you will likely serve a few nights in jail. Having an experienced local defense attorney can make the difference in just how many, in some cases.

If you are facing charges like this, contact me today. I can give you some free legal advice and help you determine what your next actions should be.

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Not everyone realizes that if you are suspected of driving under the influence of drugs, even prescription drugs, you can be charged with DUI. It’s true—if an officer has probable cause to believe you are impaired by any controlled substance, you can be arrested and charged with the crime commonly only thought of as being associated with drinking alcohol.

This article from the Arizona Republic points out that cases like this are on the rise. In 1999 they numbered 4,400. In 2009, ten years later, that number was 14,700.

Police treat a DUI caused by drugs similarly to the ones involving alcohol. Once they have probable cause (swerving, erratic driving), they can pull you over and perform a field sobriety test. Back at the station a blood sample is taken and sent to a lab for evaluation.

The fact is: even if you are prescribed a drug, if that drug causes you to operate your vehicle in an unsafe manner, you can face DUI charges.

For a first DUI charge, whether it was alcohol or drugs, you will face Class 1 misdemeanor charges. This carries a potential 10 days to 6 months in jail, fines, community service, probation, drivers license suspension, ignition interlock device, and the potential for drug treatment.

If the arrest involves drugs you will likely be required to undergo an evaluation to establish if you have a drug problem. If so, the judge may order treatment as part of your sentence. As the number of prior DUI convictions on your record mount, so do the penalties.

Prescription drug abuse doesn’t have the stigma that illegal drugs do. Although the risks are similar, the abuse of prescription drugs is steadily climbing throughout the country. In addition to DUI charges, you could face additional possession charges if you have the drugs on you.

When facing DUI charges, whether because of drugs or drinking, you need an aggressive defense lawyer on your side. Contact me today for a consultation on your case.

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Arizona’s DUI rates climbed in 2009, according to several sources. Is this because more people were driving drunk or the police were better at catching them in 2009?

The Associated Press reports that 10,500 DUI arrests were made by the various task forces across the state in 2008 and more than 14,000 were made in 2009.

Whether the rise is due to more incidents of drunk driving or increased enforcement will continued to be analyzed in 2010 as several Arizona communities will see an increase in preventative spending.

According to the Arizona Daily Sun, Flagstaff just received a $30,000 grant from the Arizona Governor’s Office of Highway Safety to assist in the enforcement of DUI laws.

Interestingly, despite the climb in DUI arrests statewide, Flagstaff saw a drop in DUI related auto accidents, a 40% drop to be exact.

So, how do the police spend their money on DUI prevention and enforcement? Many departments invest in new equipment or more staff. If the city already has a DUI task force, they may use the money for overtime in this department.

One of the biggest expenditures of departments with a DUI task force is the man hours used in operating check points. Sobriety check points are often used on holidays and weekends surrounding big sporting events. They involve the random stopping of vehicles in an effort to catch drunk drivers behind the wheel.

While effectively taking drunk drivers off the streets with arrests, sobriety check points may actually prevent drunk drivers when departments announce roadblock locations ahead of time. Or, drivers may just avoid the know location.

And whether or not stopping every driver on the road is more effective that targeted patrols on the lookout for dangerously impaired driver’s is certainly an open question.

But those details don’t matter much to you if you’ve found yourself arrested and charged with a DUI offense.

For a first time DUI conviction, you are facing Class 1 misdemeanor charges. This conviction can end with a minimum of 10 days in jail, as well as fines, probation, community service, and a required ignition interlock device. And this is just for your first conviction!

If you are facing DUI charges in Arizona and need the assistance of a local defense attorney, I can help. Together we will look at your case and determine the best defense strategy to protect your rights and your freedom to drive. Call me today.

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Arizona is one of only a handful of states that require an Ignition interlock devices to be installed after a single DUI conviction. These IIDs are designed to prevent repeat drunk driving by requiring an alcohol free operator to be at the wheel, but they are not without problems, difficulties, and controversy.

These Ignition Interlock Devices are tools installed in your vehicle when you get a DUI conviction. The gadgets aren’t without their complaints, however.

A special story from Meredith Yeomans on AZFamily.com reveals several common complaints among those people whose cars are outfitted with the devices.

Apparently when the machines are serviced, once a month, the information from the computers are taking too long to become available. A computer within the Ignition Interlock Device records violations or suspected violations which are downloaded and then sent to the Motor Vehicle Division.

The machines are known for false positives and aren’t 100% reliable, however, so drivers have a short 15 day period to challenge the violations. This report quotes a former employee of the Texas company Smart Start as saying this delay is eating away at a driver’s right to challenge the false violations.

However, despite driver complaints, Smart Start states that when it is discovered that there is such a problem, they work to correct it. They claim that a recent change to their software caused some delays that are no longer a problem.

This story just goes to show what an inconvenience Ignition Interlock Devices can be. These devices are installed in all DUI convictions, typically after a period of license suspension. For a first time DUI, the period in which you will have an Ignition Interlock Device is 1 year.

While the device is in your vehicle, you are responsible for maintenance costs and violations. It is estimated that a one year installation of the gadget costs about $1000 when all is said and done.

This is only one of the several negative restrictions placed on people when they are convicted of DUI. When you are facing charges of this magnitude, having the right defense attorney is crucial.

Contact our attorneys today to discuss the details of your case and the best way to handle it.

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In a case that will get national attention, as least within the legal community, the Arizona Court of Appeals in Tucson ruled that defense attorneys are not entitled to the source code in DUI breath testing equipment.

The Intoxilyzer is a breath testing machine used by law enforcement agencies across the country. Over the past several years, the machines have been under scrutiny for their unreliable results. They have consistently been shown to be inconsistent.

Defense attorneys have sought the software information and the “source code” from the manufacturer of the machine, CMI, to determine just how ineffective the machines are. However, over the years CMI has refused to disclose their information citing that it is a “trade secret” and doesn’t have to be turned over.

The Arizona Court of Appeals ruled that the defense didn’t show the test result “anomalies” were attributed specifically to the machine’s software.

The Pima County Attorney’s Office is pleased with the ruling as they feel this further cements the use of breath test results in criminal DUI cases. Defense attorneys profiled in this Arizona Daily Star article, however, will pursue the dismissal of many cases based on what they believe the court ruled is their substantial need for the source code.

This isn’t the first time the same court has seen this case. Back in 2008, Judge Bernini of Pima County ordered prosecutors turn over the source code to defense attorneys. This same appeals court overturned her ruling that April.

Cases like these are being argued around the country as the reliability of this equipment isn’t exactly top notch. If a DUI case depends on the breath test results for a conviction, the court should be assured those results are accurate. However, at this point, we can’t be certain.

If you are facing DUI charges you want your defense attorney to do everything possible to assist you with your case. Contact me today. If needed, I can challenge the evidence against you in court.

We go the extra mile for our clients. Contact us for a consultation on your case today.

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