Aggravating Factors & How They Can Impact Your Arizona Criminal Conviction

Why Should You Prove That Aggravating Factors Are Not Relevant To Your Sentencing

Being convicted of a crime is already a horrible situation that no one wants to endure. You may already be subject to time in jail or prison, fines, community service, court-ordered classes, probation, and more. A criminal conviction could jeopardize your career, education, and even your relationships with friends and family. But Arizona courts have an interest in keeping criminals from harming the general public, so additional penalties can be imposed if aggravating factors are present in the commission of a crime. A major part of your defense will be proving why these aggravating factors shouldn’t be relevant to your sentencing. If you have any additional questions about aggravating factors and your Arizona criminal charges after reading the following, call our firm for your free consultation at 480-448-9800.

Arizona Aggravating Factors – A.R.S. § 13-701

Factors that make the crime more severe and punishable are called aggravating factors. Factors that should be used in favor of leniency towards the defendant are known as mitigating factors. Some crimes have specific aggravating factors. For example, in Arizona, the aggravating factors for a DUI are a passenger under 15, driving the wrong way down a highway, driving on a suspended or otherwise restricted license, driving while ordered to have an IID installed, or receiving 3 DUIs in 7 years. A DUI would typically be a misdemeanor in Arizona, but the presence of any of these factors increases the charge to a felony. Both aggravating and mitigating factors are set forth by A.R.S. § 13-701. The aggravating factors include:

If it isn’t already part of the criminal charge, inflicting or threatening to inflict great bodily injury
Use or threat of a deadly weapon or dangerous instrument
Use of an accomplice
The value of any property damaged in the commission of the crime
Especially heinous, cruel, or depraved conduct
If the crime was committed in exchange for pecuniary value
If the defendant was a public servant and committed the crime while on official duty
The victim or the victim’s family (if the victim died) suffered physical, emotional, or financial harm
The crime caused the death of an unborn child at any stage of development
If the defendant has a prior felony conviction from no more than 10 years ago
The defendant wore body armor while committing the crime
- “Body armor” is given a broad definition under Arizona law. A.R.S. § 13-3116 defines it as “clothing or equipment designed in whole or in part to minimize the risk of injury from a deadly weapon.” Misconduct involving body armor is a Class 4 felony in Arizona.
The victim was 65 years or older or had a disability that substantially limits one or more major life activities
The defendant was an appointed fiduciary for the victim and violated those obligations
The defendant committed the crime out of malice for the victim’s group or perceived group (hate crime)
For a DUI, the driver had a BAC of 0.15 or higher
Lying in wait or ambushing the victim as part of the crime
The crime occurred in a child’s presence
The crime was committed in retaliation for the victim reporting a crime or being involved with a law enforcement agency
The defendant impersonated a peace officer
The defendant used either a remote stun gun or an authorized remote stun gun in the commission of the crime
Leaving the scene of an accident
If the defendant lured or enticed the victim away from a shelter meant for foster children, the homeless, etc.
If the defendant committed the crime out of malice toward the police
If the defendant wore a mask or disguise in the commission of the crime
Any other factors deemed relevant by the court

Aggravated Penalties

Aggravating factors can potentially add years to your jail or prison sentence after a criminal conviction in Arizona. For first-time felony offenders, there are standard prison sentences based on the degree of felony and presence of aggravating factors, set forth by A.R.S. 13-702.

Class 6: 0.5 to 1.5 years in prison, 2 years if aggravated
Class 5: 0.75 to 2 years in prison, 2.5 years if aggravated
Class 4: 1.5 to 3 years in prison, 3.75 years if aggravated
Class 3: 2.5 to 7 years in prison, 8.75 years if aggravated
Class 2: 4 to 10 years in prison, 12.5 years if aggravated

What Can I Do About Aggravating Factors in My Case?

If aggravating factors are present in your case, you could be facing even more time and penalties than you were original. There are a few ways you can go about navigating aggravating factors in your case. The number of aggravating factors and their severity will affect how much can be done about your sentencing. It is best to review your specific situation with an experienced Arizona criminal defense attorney. For your free consultation, call 480-448-9800.

Cancel Out with Mitigating Factors

As mentioned above, A.R.S. § 13-701 lays out mitigating factors in addition to aggravating factors. They are:

The defendant’s age
The defendant’s capacity to understand the wrongfulness of their actions
If the defendant was under unusual or substantial duress
If the defendant had a minor degree of participation in the crime
If there was an accident, the defendant stopped and provided information as required by Arizona law
Any other factors deemed relevant by the court

Mitigating factors can be used to argue for a reduced sentence, but if there are several aggravating factors present, you can at least try to even them out with mitigating factors.

Show the Court You’re Proactively Working on Yourself

Sometimes, it can be useful to come before the judge already had completed anger management, drug and alcohol rehab, or any other treatment relevant to the issues that bring you to court in the first place. Our lawyers can help you find relevant and affordable programs that could convince the court that you should receive penalties on the lower end of the sentencing guidelines.

Try to Exclude Evidence of Aggravating Factors

In some cases, the evidence is so clear-cut that the best the defendant can hope for is a forgiving plea deal from the prosecution. However, evidence of aggravating factors may be circumstantial or obtained a significant amount of time after the crime occurred. If you can’t prove that you didn’t commit the crime, you can at least try to show the prosecution can’t prove aggravating factors necessary to increase your penalties. There could be constitutional violations or chain of custody errors that would make some of the evidence the prosecution wants to use against you inadmissible in court.

Find Character Witnesses

You may have the opportunity to have character witnesses testify to your good nature, or even write letters if they can’t appear in person. If the person is especially prominent in the community or known for charitable activities, their opinions could be more effective in convincing the judge to be lenient with your sentencing. However, the prosecution may also have the opportunity to use character witnesses against you. You should discuss your case with an experienced defense attorney if you plan on utilizing character witness testimony to negate aggravating factors.

Experienced Arizona Defense Representation Against Serious Criminal Charges

Whether you’re facing a misdemeanor or felony in Arizona, you should be taking the matter extremely seriously. Aggravating factors can mean a jail or prison sentence that could essentially destroy your life, and possibly your family’s as well. It’s crucial that you work swiftly on your legal strategy to decrease the amount of penalties you will face. To learn more about high-quality private defense representation with affordable prices and payment plans, fill our online form or call 480-448-9800 to schedule your free consultation.

Mesa DUI Lawyers
1731 West Baseline Rd., Ste 101
Mesa, AZ 85202
Website: https://mesaduilawyers.co/
Office: (480) 833-8000

Arizona Misdemeanor vs. Felony DUI

Understanding The Differences Can Be Crucial When Facing Either Charge

Because DUIs are taken so seriously in Arizona, many people assume that they are always felony charges. However, most DUI charges in Arizona are actually misdemeanors. While this may cause some people arrested for DUI to breathe a sigh of relief, this doesn’t mean you shouldn’t take the charges against you seriously in Arizona. Arizona has strict penalty guidelines for both misdemeanor and felony DUI convictions. In fact, even first-time offenders will be sentenced to at least one day in jail if convicted of an Arizona DUI. But first-time offenders still have it easy compared to those who are facing a second, third, etc., DUI charge. Multiple DUI arrests can also create an opportunity for felony charges. Whether this is your first or fifth DUI, a misdemeanor or a felony, you need a skillful attorney to help mitigate any negative effects this will have on your life. To schedule your free consultation with our experienced Arizona DUI lawyers, call 480-833-8000 or fill out our online form.

Arizona DUI Classifications

There are five types of misdemeanor DUI in Arizona. These are:

Per se DUI

This is the charge for being arrested while driving with a BAC (blood alcohol content) of .08-.149. You will be fined at least $1,480 and your driver’s license will be suspended for at least 90 days. You will also need to keep an IID (ignition interlock device) installed in your vehicle for at least 6 months.

Extreme DUI

You will be charged with Extreme DUI if you are arrested while driving with a BAC of .15-.19. Your jail sentence will be at least 9 days, and your fines will be at least $3,000. Your license will be suspended for at least 90 days, and you will need to keep an IID in your vehicle for one year.

Super Extreme DUI

This charge represents a BAC at the time of arrest of .20 and higher. If convicted, you will spend at least 14 days in jail. You will be fined at least $3,250 and your driver’s license will be suspended for at least 90 days. One year of having an IID in your vehicle will be mandatory.

Impaired To The Slightest Degree

In Arizona, you are presumed to be intoxicated with a BAC of .08 or higher, but a police officer can use their discretion to decide if you are intoxicated if your BAC ranges from .04 to .079. While a conviction under this charge will show you were arrested at a low-level BAC, you will still face all the same penalties as a per se DUI.

Baby DUI

In Arizona, the legal limit for anyone under the age of 21 is 0.00. Someone under the age of 21 can be arrested for driving with even trace amounts of liquor in their system. If they are arrested with a BAC of less than .08, they can qualify for baby DUI penalties. While there is no mandatory jail time for a baby DUI, the defendant will also face up to six months in jail. The fines will be up to $2,500, and the defendant’s driver’s license will be suspended for 2 years. The defendant will also be ordered to use an IID for 2 years.

There are certain factors that will increase misdemeanor charges to felony charges in Arizona. These include:

Having a passenger under 15 years old with you when you are arrested;
Being convicted of DUI 2 previous times in a 7 year period;
Being arrested while driving with a suspended, canceled, restricted, or revoked driver’s license;
Being arrested while under current orders to have an IID installed in your vehicle; and
Being arrested while driving on the wrong side of the highway.

As you probably guessed, the penalties for felony DUI are much harsher than for misdemeanor DUI. The minimum prison sentence for a felony DUI is 4 months. Your driver’s license will be revoked for one year, and you will need to use an IID for 2 years. Your fines will be $4,000 at a minimum.

Multiple DUI Convictions

As you can see, being convicted of DUI more than once can put you at risk of facing felony DUI charges, especially if they happen within a short time frame. But even if your charges remain a misdemeanor, the penalty ranges will be increased for every DUI category. For a secondary DUI, the defendant will need to serve at least 30 days in jail, which will be increased by at least 30 days if the defendant doesn’t complete drug and alcohol screening and treatment. The fines will be at least $3,000. The driver’s license will be revoked for one year, but can be restricted after 45 days upon IID installation. The IID will need to remain installed for at least one year.

If the defendant is convicted of a secondary extreme DUI, the minimum jail sentence is 120 days with 60 days served consecutively. The minimum fine is $3,250, and all of the license and IID penalties are the same as for a secondary per se DUI. For a secondary super extreme DUI, the minimum jail sentence is 180 days with 90 days served consecutively. The license and IID penalties are the same.

The penalties for secondary felony DUI convictions in Arizona are even more severe. For a second felony DUI conviction, the prison sentence range is 2.25 to 7.5 years, with the average sentence being about 4.5 years. A second felony DUI conviction in Arizona usually results in a driver’s license revocation of 3 years, followed by IID usage for 2 years. For a third felony DUI conviction, the prison sentence will be 6-15 years, with most of those convicted facing about 10 years. These are serious charges that will earn you similar prison sentences to abusers, thieves, and pedophiles. You need to work diligently on your defense to alleviate how much this will affect the rest of your life.

Hidden Penalties

Everyone knows you risk jail time and fines when you are convicted of a crime. However, there are consequences besides those that you will face if convicted of DUI in Arizona. Installing and maintaining an IID device in your vehicle can end up costing you thousands of dollars, depending on how long you are ordered to use it. You will also need to obtain and maintain high-risk, or SR-22, auto insurance that will cost thousands of dollars more than your usual policy. You will be ordered to complete upwards of 30 hours of community service. The defendant will also need to complete drug and alcohol screening and counseling. You may have to pay jailing fees and attorney’s fees, even if you use a public defender. And all of this pales in comparison to the effect a DUI will have on your permanent record. This can keep you from getting jobs, apartments, and even licensure in certain employment fields. Don’t let a DUI arrest in Arizona virtually ruin your life. Let an experienced private defense attorney negotiate a favorable plea deal on your behalf, or even get your charges dismissed. Our attorneys offer free, confidential DUI consultations by phone. If you decide to retain, we offer great rates with payment plan options. Call 480-833-8000 or use our online form to learn more today.

Mesa DUI Lawyers
1731 West Baseline Rd., Ste 101
Mesa, AZ 85202
Website: https://mesaduilawyers.co/
Office: (480) 833-8000

How Much Will a DUI Really Cost Me?

Our Mesa DUI Attorneys evaluate the true cost of getting convicted of Driving Under the Influence in Arizona. It may cost you more than just dollars. Read on and find the many ways a DUI conviction impacts your life. If you are arrested and charged with a DUI in Maricopa County, contact our Mesa, AZ DUI Team for a free consultation. Fight your charges, Don’t take a plea! Our experienced criminal defense team can help.

During the holidays, especially during a pandemic, your budget may be tight. However, that doesn’t mean that calling a ride instead of driving yourself isn’t worth the expense after holiday celebrations that involve alcoholic beverages. Whether you live in Arizona year round or you’re just here for the holidays, it’s crucial that you know just how serious a DUI conviction is here.

Arizona sorts DUI charges into separate categories, based on how intoxicated the driver was and if other aggravating factors were present. Drivers who are arrested with a BAC of .08-.149 will be charged with a per se DUI. However, drivers with a BAC of .04-.079 can be charged with DUI – Impaired to the slightest degree. Drivers with a BAC of 0.15-0.19 at the time of arrest will be charged with Extreme DUI, and a BAC of .20 or higher will yield a Super Extreme DUI charge. All of the aforementioned charges are misdemeanors, but the driver will be charged with aggravated DUI- a felony- if any of the following are met: there is a passenger in the car under the age of 15 at the time of the arrest; the driver’s license is already suspended, revoked, canceled, etc.; there is already an ignition interlock device installed in the vehicle; or if this is the driver’s 3rd DUI in 7 years.

Fines for a Mesa DUI

For a first time per se DUI, the minimum fine is $1,250. The judge may order higher fines if it would more effectively penalize the defendant. The minimum fines increase to $3,000 for subsequent DUI offenses. The minimum fine for a first extreme DUI is $2,500, which increases to $3,250 for subsequent offenses.

Jail Time for an Arizona DUI Arrest

Arizona’s DUI laws are unique because anyone convicted, even as a first offense, will serve at least 24 hours in jail. Jail time can cost you in more ways than one. Judges have discretion to order far more than 24 hours in jail, which can mean taking time off of work to complete the sentence. You may also be ordered to pay for the time you spend in jail. In Arizona, a first night in jail due to a DUI conviction will typically cost about $200. Each additional night in jail will cost about $90. Jail time minimums increase with the charge of DUI, and a felony conviction yields at least four months in prison.

Vehicle Impound, Loss of Vehicle Use

For extreme, super extreme, and aggravated DUI arrests, the vehicle will be automatically impounded by the police for 30 days. The impound lot may charge up to $15 per day of storage, or $450 for the mandatory 30 days. The impound lot will also charge an administrative fee of $150, bringing the total cost for a vehicle impound to $600 if the driver picks up the vehicle on the first day it is eligible for release. If the vehicle isn’t picked up within 10 days of it being eligible for release, the impound lot may file for an abandoned title to the vehicle.

Ignition Interlock Device

An ignition interlock device is a device that requires a driver to blow into it, proving they are sober, before the vehicle will start. Drivers convicted of DUI will need to keep it in their vehicle for 3 months to 2 years. Installing and maintaining an IID isn’t cheap. You may need to pay an installation fee of a few hundred dollars, and the device itself will cost $80-120 per month depending on your provider.

Auto Insurance Rate Increase

A DUI conviction will raise your auto insurance rates, and you may even be required to get SR-22 (high risk) insurance coverage after a DUI conviction. SR-22 rates are approximately 77% higher than standard auto insurance rates in Arizona. This can mean a yearly increase of $1,000 or more for your insurance premiums.

Traffic School

The points added to your driving record by a DUI will not only increase your insurance rates, but typically require you to attend traffic school. You may also be required to attend alcohol screening as part of this course. You can expect to spend around $500 on this expense.

Community Service

If you are convicted of DUI in Arizona, you will probably be required to complete at least 30 hours of community service. Traveling and supplies may cost you, and that is at least 30 hours of your time that could be spent working, spending time with your family, or simply relaxing.

Property and Bodily Damage

Drinking and driving is illegal because it increases the likelihood of an accident, so it’s no surprise that many DUI arrests occur after the intoxicated driver causes an accident. If you injure another person while driving under the influence, they may receive additional damages against you in a personal injury claim. Depending on your insurance policy, you could be left with thousands of dollars in judgments against you after a DUI accident.

Arizona DMV Fees

Your driver’s license will be suspended or revoked after a DUI conviction. To get it back, you will need to complete steps like traffic school and IID installation. There will be plenty of miscellaneous fees associated with getting your license back as well, like reinstatement fees, application fees, and any citation fees associated with your arrest.

Opportunity Costs

A DUI conviction on your record will create hassles in almost all aspects of your life, for the rest of your life. It will be harder to get a job, an apartment, professional licensure, etc. It is impossible to calculate how much this will cost you financially in the long run.

Contact our Mesa DUI Attorneys if Arrested for DUI in Arizona

After a DUI arrest, you will also be presented with the choice between representing yourself, opting for a public defender, or hiring your own private criminal defense attorney. You may be ordered to reimburse the county for some of your public defender fees if you are deemed to have the ability to do so. An experienced Mesa DUI Lawyer may cost you more up front, but may also be able to have your charges reduced, dismissed, or win your case at trial. To see if the cost is worth it for you, call today (480) 833-8000 to schedule your free consultation with one of our expert DUI lawyers. Or click here.

NASCAR CEO Arrested for DUI

Brian France, NASCAR chairman, was arrested in New York on August 5, 2018 for DUI and criminal possession of oxycodone. The NASCAR CEO had a BAC (blood alcohol content) that was more than twice the legal limit under New York law. According to the arresting officers, France ran a stop sign, reeked of alcohol, and slurred his speech. Police state that he struggled through the field sobriety tests. The legal limit in New York is 0.08% BAC, and France’s was 0.18%. Next, officers found oxycodone pills.

NASCAR The driving while intoxicated arrest happened in the Hamptons. According to the Sag Harbor Village Police Department, officers arrested the NASCAR leader for aggravated driving while intoxicated and criminal possession of a controlled substance. The officers observed French was operating his vehicle in an intoxicated condition after pulling him over for failure to stop at a stop sign. Next, a search of his person resulted in possession of oxycodone.

In a statement, France apologized to fans and the NASCAR industry, and announced he would be taking a leave of absence from his position. France has acted as NASCAR’s CEO since 2003. After spending the night in jail, France was arraigned at Sag Harbor Village Justice Court. France’s grandfather, Bill France Sr. founded the NASCAR company in 1948, and Brian France is the third-generation head of NASCAR. A report issued from ESPN stated that France may be required to go through drug testing, suspension, and/or a recovery program.

Taking a Fresh Look at Medical Marijuana and Driving Facts in Arizona!

Now that medical marijuana has been legal in Mesa for a few years, it is time to take a fresh look at issues pertaining to medical marijuana use and driving. While you cannot be arrested for the use of medical marijuana in Arizona, if you drive under the influence of marijuana, you can very well be charged with a DUI.

So what has changed since medical marijuana has become a thing in Arizona and what do consumers and law enforcement personnel be aware of?

Taking a Fresh Look at Medical Marijuana and Driving Facts in Arizona!

Everything you need to know about the current state of medical marijuana and DUI laws in Arizona.

Mesa, Arizona

Here is an updated list of your most common medical marijuana and driving questions and answers:

What is the current state of medical marijuana use across the U.S.?

As of January 2016, 23 states allow the use of medical marijuana, while four more states (Alaska, Colorado, Oregon and Washington) have legalized marijuana for recreational use. In addition, sixteen states are having something in the works to legalize recreational marijuana use.

Law enforcement is facing new challenges.

With the legalization of medical and/or recreational marijuana use it has become necessary to find new ways on how to detect if a driver is impaired or intoxicated from marijuana use. As it is well-known, Mesa police officers are utilizing field sobriety tests and breathalyzers for alcohol detection and to determine if a drunk driving charge is indicated.

While there are no breathalyzers for marijuana use are on the market as of yet, Swedish scientists are working on developing a breathalyzer that can not only detect marijuana, but also drugs such as cocaine, heroine and others.

Currently the only way to tell for sure if a driver is under the influence of marijuana is through a urine or blood test, both of which are often viewed to be excessively intrusive. Plus processing them can take weeks or even months.

Marijuana DUI Penalties in Arizona

Your first Marijuana DUI offense counts as a misdemeanor. If convicted you will facing similar penalties as if you were convicted of drunk driving. Sentences may include but are not limited to the following:

1 to 10 days in jail;
Driver’s License suspension of up to 90 days;
Mandatory drug screening, education, counseling or treatment;
Fines and fees of$1250.00;
Probation or Community Service

Your second Marijuana DUI offense is still a misdemeanors. But the penalties are going to be more severe:

Minimum 3 months jail, with 30 days consecutive;
Driver’s License Revocation for 1 year;
$3,000.00 fines, fees, costs, assessments;
Mandatory drug education, screening, counseling, or treatment;
Probation or community service

Finally, your third offense if it occurs within 7 years of the previous will be charged as an Aggravated DUI (Felony):

4 months in prison for third offense;
8 months in prison for subsequent offense after three;
$4,000.00 fines, fees, costs, assessments;
Driver’s license revocation for three years;
Possible forfeiture of vehicle;
Mandatory drug education, counseling or treatment;
Parole, probation, and community service

Marijuana Driving Laws Across the U.S:

Eighteen U.S. states have currently a zero tolerance or non-zero per se for marijuana, nine states have zero tolerance laws for THC or a metabolite(marijuana metabolite can take up to six weeks to clear from your system if you are a heavy user), three more states have zero tolerance for THC but not metabolites while five more have specific limits for THC and Colorado has what is knows as a reasonable interference law for THC.

How do Marijuana and Alcohol Use Stack up on the Road?

A study release by the National Highway Traffic Safety Administration (NHTSA) has determined that driving after marijuana consumption does not make you more likely to crash on Arizona roads. That it some really big news, especially considering that marijuana related DUI offenses are not treated any differently than alcohol related ones. This does not mean that marijuana use doesn’t impact your senses, however,
“In the study, testing positive for marijuana was defined as having delta-9-tetrahydrocannabinal (THC) in the system. The number of legal drug users and illegal drug users involved in crashes was statistically insignificant.” thinkprogress.org

Other Considerations and Need to Know Facts about Medical Marijuana Use and Possession in Arizona

While it is legal to use medical marijuana, due to a 2012 revision of the Arizona Medical Marijuana Act known as the “campus-ban statute” it is illegal to be used or be in possession of medical marijuana on college campuses, correctional facilities, school buses, preschools, high schools and public spaces. It is irrelevant whether you have a card or not.
if you have a valid medical marijuana card, you can use it legally, even while you are on probation.
medical marijuana use is reserved for those in “severe and chronic pain”
you are allowed to receive 2.5 oz of medical marijuana every two weeks
patients and caregivers are subjected to fingerprinting for law enforcement and sign a statement that they will not distribute marijuana to non-patients.

Clearly medical marijuana DUIs and their implications are still in their infancy. There is lots that still needs to be worked out. For example, is it fair to charge someone with medical marijuana DUI if it takes much longer to leave your body than alcohol? What are the implications of insufficient field testing methods?

If you or a loved one have been charged with a medical marijuana DUI in Mesa or nearby communities, the experienced Mesa DUI attorneys with My AZ lawyers can help you. Contact us today to learn more about our DUI defense strategies and talk to us first-before you talk to the police.

Published By:
My AZ Lawyers

Mesa Location:
1731 West Baseline Rd., Suite #100
Mesa, AZ 85202
Office: (480) 448-9800

Glendale Location:
20325 N 51st Avenue Suite #134, Building 5
Glendale, AZ 85308
Office: (602) 509-0955

Tucson Location:
2 East Congress St., Suite #900-6A
Tucson, AZ 85701
Office: (520) 441-1450

Arizona DUI Rates are Dropping — Does This Mean Stricter Laws are Working?

For the third year in a row, the number of DUI arrests in the state has dropped!

Mesa, Arizona

Arizona has a reputation as one of the toughest states on drunk driving offenders. In the last decade, it has passed laws that have made things even tougher on those convicted of DUI, and it seems that those efforts have paid off. For the third year in a row, the number of DUI arrests in the state has dropped.

According to the Arizona Governor’s Office of Highway Safety, there were only 24,674 DUI arrests in 2015, which was down from 29,250 arrests in 2014. In 2013, there were 31,891 DUI arrests, and in 2012, there were 32,174 arrests.

The 2015 numbers were for arrests from Jan. 1 to Dec. 27.

The number of arrests for extreme DUI cases also dropped. (Extreme DUI is the charge for those with a blood-alcohol content of .15 or more, compared with 0.08 for a standard DUI charge.) In 2015, there were 6,742 extreme DUI arrests. That was down from 8,414 arrests in 2014.

Though the number of arrests was down in 2015, the average BAC numbers were up. The average BAC was .158 last year, compared with .152 in 2014.

A look back at some of the recent changes to Arizona DUI laws may explain why the state has seen such a drop in these offenses:

2008 Changes to the Law

2008 was the year that ushered in some of the most recent changes for Arizona DUI laws.

Starting in September, the state could look at previous DUIs going back seven years when determining sentencing. Previously, the state only looked back five years. That made a DUI defense a lot tougher for past offenders.

In addition, changes to the law made it no longer possible for judges to suspend part of the jail sentence for those convicted of extreme DUI or super extreme DUI (the charge for those with a BAC of .20 or more). An exception could not be made for first offenders.

The laws set new mandatory minimums for offenders, as well. Now, those convicted of an extreme DUI had to serve a minimum of 30 days in jail on the first offense and 120 days on the second offense. The mandatory minimum for those convicted of a super extreme DUI was 45 days in jail on the first offense and six months in jail on the second offense.

Other changes in the law included requiring an alcohol screening before a license could be reinstated after a suspension and requiring an ignition interlock device on a vehicle for at least a year after a DUI conviction.

The stakes were much higher with these changes, and working with a Mesa DUI lawyer became even more necessary after these laws were passed.

2012 Changes to the Law

In 2012, Arizona made some more changes to its DUI laws, but this time to make them a little more forgiving.

Primarily, these changes benefited first-time DUI offenders. Under these new laws, those convicted of their first DUI charge only have to spend one day in jail. Offenders can also get credit for time they have already spent in a holding cell or as part of the booking process.

The new laws also made it so that a judge could allow offenders to serve only 20 percent of their time in a jail cell and spend the rest of the time in a home-detention program. Therefore, if an offender was sentenced to 30 days, they would only have to serve six days in jail and could spend the rest of the time in a home-detention program.

The only exception is if a city or county does not have a home-detention program. However, the new laws also gave county sheriffs, city councils, and county boards of supervisors the authority to create these home-detention programs.

New laws also made standard DUI charges ineligible for a jury trial. Some believe that this has denied people the right to a fair trial, but the state argues that it saves money on prosecution of DUI charges.

Other changes with the most recent laws include allowing jail sentences to be shortened if the offender has an ignition interlock device installed in their vehicle. The mandatory time for first-time offenders to have an ignition interlock device installed was shortened to six months from a year. First-time offenders can also take a special education course to reduce the time they have to have the ignition interlock device on their vehicle.

Arizona is one of the only states that requires first-time offenders to have an ignition interlock device on their vehicle. Offenders must pay for the device themselves.

Though the length of time was reduced, the requirement to have these devices has coincided with a reduction in deaths caused by DUI. Overall, Arizona has seen a sharp reduction in the number of DUI cases and injuries and fatalities related to them.

Currently, no further changes to the laws have been announced for 2016.

Wherever you live, being charged with a DUI is very serious and it requires working with a good DUI lawyer to minimize the penalties or have the charges dismissed. However, if you live in Arizona, a good

DUI defense becomes even more important. The state’s strict laws will lead to serious repercussions, even if you are a first-time offender.

My AZ Lawyers has been representing Arizona residents charged with DUI offenses for years. Our experienced Mesa DUI defense team has been practicing throughout the changes made to the DUI laws, and they have been creating strong defense strategies that have helped their clients. Our attorneys know how to build a DUI defense for first-time offenders as well as multiple offenders. They fight to protect clients from the legal penalties, such as jail time and fines, as well as the personal ramifications from the stigma of a DUI conviction. Call us today to find out how a DUI lawyer from our team can help you and to start to plan your DUI defense.

Published By:
My AZ Lawyers

Mesa Location:
1731 West Baseline Rd., Suite #100
Mesa, AZ 85202
Office: (480) 448-9800

Glendale Location:
20325 N 51st Avenue Suite #134, Building 5
Glendale, AZ 85308
Office: (602) 509-0955

Tucson Location:
2 East Congress St., Suite #900-6A
Tucson, AZ 85701
Office: (520) 441-1450

For the third year in a row, the number of DUI arrests in the state has dropped!

Mesa, Arizona

The 2015 numbers were for arrests from Jan. 1 to Dec. 27.

Though the number of arrests was down in 2015, the average BAC numbers were up. The average BAC was .158 last year, compared with .152 in 2014.

A look back at some of the recent changes to Arizona DUI laws may explain why the state has seen such a drop in these offenses:

2008 Changes to the Law

2008 was the year that ushered in some of the most recent changes for Arizona DUI laws.

The stakes were much higher with these changes, and working with a Mesa DUI lawyer became even more necessary after these laws were passed.

2012 Changes to the Law

In 2012, Arizona made some more changes to its DUI laws, but this time to make them a little more forgiving.

Arizona is one of the only states that requires first-time offenders to have an ignition interlock device on their vehicle. Offenders must pay for the device themselves.

Currently, no further changes to the laws have been announced for 2016.

DUI defense becomes even more important. The state’s strict laws will lead to serious repercussions, even if you are a first-time offender.

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My AZ Lawyers

Mesa Location:
1731 West Baseline Rd., Suite #100
Mesa, AZ 85202
Office: (480) 448-9800

Glendale Location:
20325 N 51st Avenue Suite #134, Building 5
Glendale, AZ 85308
Office: (602) 509-0955

Tucson Location:
2 East Congress St., Suite #900-6A
Tucson, AZ 85701
Office: (520) 441-1450

Can a Person be Arrested for DUI Without Displaying Any Signs of Impairment?

Yes, a person can be arrested for DUI without displaying any signs of impairment. A person is guilty of DUI if they are driving or in actual physical control of a motor vehicle while impaired by alcohol, drugs or some combination thereof. There is no requirement that the person display any signs of impairment. In fact, years ago a former judge used to give a DUI jury trial instruction which told the jury, “it is not necessary that the signs of intoxication be so obvious that they are actually visible.”

However, if the person does not display any signs of impairment an experienced and skilled DUI lawyer may be able to get the case dismissed. In order to be arrested for DUI a police officer must have probable cause, at the time of the arrest, that someone is in fact guilty of DUI. “Probable cause” requires that the officer possess sufficiently trustworthy facts to believe that a crime has been committed. A DUI lawyer in Phoenix AZ can always file a motion in court alleging that the arresting officer did not have probable cause to arrest the person for DUI.

The judge will then set a hearing on the motion, at which the officer or officers who made the arrest must explain to the judge why they felt they had probable cause to make the arrest for DUI. The experienced defense lawyer can cross-examine the officers to discredit their reasons so that in the absence of any signs of impairment the officers did not have sufficiently trustworthy facts to show the person was DUI. Remember, to show probable cause the officers must show what facts were known to them at the time of arrest, and not afterwards, so any breath or blood tests obtained after the arrest cannot be used to show probable cause.

The experienced lawyer can question how the officers could have sufficiently trustworthy facts that the person was impaired by alcohol or drugs, and therefore DUI, if at the time of the arrest the alcohol or drugs was having no visible effects on the person? If the evidence at the hearing shows that the person did not display signs of impairment the judge may very well say the police did not have sufficiently trustworthy facts of DUI, and therefore no probable cause to arrest the person. If the judge says there was no probable cause to make the arrest then the case gets dismissed.

A person arrested for an Arizona DUI should always get an experienced DUI lawyer to review the case to see if the case can be dismissed because the police had no probable cause.

Guest Blog Published By:

Gordon Thompson, Arizona DUI & Criminal Defense Lawyer

Gordon Thompson – Gordon Thompson Attorney

125 E Coronado Rd #101
Phoenix, AZ 85004

Office: (602) 467-3680
Email: [email protected]
Website: http://gordonthompsonattorney.net

Top States Where Alcohol and Drugs Cause Traffic Fatalities

Drivers who are under the influence are a threat no matter where you live. Drugs and alcohol can impair a driver’s judgment, putting everyone else on the road at risk. Reaction times are slowed, drivers are unable to stay in the right lane, they run stop signs and red lights, and they disregard traffic laws. The results can be catastrophic.

DrugTreatment.com recently released information about the states with the most traffic fatalities caused by drivers under the influence of drugs and alcohol. The publication analyzed 18 years of data between 1995 and 2013, and it found that 26 percent of all fatal accidents involved drugs and alcohol, resulting in 267,598 deaths.

The state with the most fatal accidents involving alcohol was South Dakota. The state had 22 fatal accidents involving a driver under the influence for every 100,000 residents. At least one person was killed in each of those accidents, but sometimes more.

The states filling out the top 10, in order, were Wyoming, Arkansas, Nebraska, Montana, Mississippi, Maine, Kentucky, Louisiana, and West Virginia.

North Dakota had the most fatal car accidents involving drugs — eight for every 100,000 residents. Filling out the top 10, in order, were Wyoming, Montana, West Virginia, Kentucky, Arkansas, Vermont, South Dakota, South Carolina and Alabama.

DrugTreatment.com further broke down the types of accidents according to county. For example, it found that accidents involving marijuana were most prevalent in Hawaii, while accidents involving narcotics were most prevalent in Arizona (specifically, Yavapai County).

Other than this county showing up for the most accidents involving narcotics, Arizona did not land on any of these lists for the highest number of traffic fatalities. However, that doesn’t mean that drivers in the state are safe from these risks.

According to the Arizona Department of Transportation, there were 708 fatal crashes in the state last year, out of 109,554 crashes total. Only 238 of those crashes involved alcohol. The other fatal accidents were primarily caused by high speeds or distracted driving. Many fatalities were also attributed to not using a safety belt.

The Auto Insurance Center also put together a list of the top causes for traffic fatalities in each state, and police pursuit was cited as the top cause in Arizona. (Other states who shared this top cause were South Dakota, Texas, Alabama and Georgia.)

Other than moving out of the way when you see an obviously erratic driver, there is not much you can do about other drivers on the road. Even the best defensive driving cannot guarantee your safety.

Any accident involving drugs or alcohol can result in serious injuries. If you are involved in a serious accident, working with the right personal injury lawyer can help you recover the compensation you deserve for your injuries. My AZ Lawyers offers experienced and aggressive Mesa DUI representation to get you results. We’ll pursue the maximum compensation the law allows to ensure that you get the medical care you need and that your family’s financial future is protected. Call us today to discuss your case.

Published By:
My AZ Lawyers

Mesa Location:
1731 West Baseline Rd., Suite #100
Mesa, AZ 85202
Office: (480) 448-9800

Glendale Location:
20325 N 51st Avenue Suite #134, Building 5
Glendale, AZ 85308
Office: (602) 509-0955

Tucson Location:
2 East Congress St., Suite #900-6A
Tucson, AZ 85701
Office: (520) 441-1450

Avondale Location:
12725 W. Indian School Rd., Ste E, #101
Avondale, AZ 85392
Office: (623) 399-4222

Chris Pine Pleads Guilty to DUI

MY AZ LAWYERS, PLLC

Rob Curgliano, DUI and CRIMINAL DEFENSE ATTORNEYS

MY AZ LAWYERS, PLLC – Rob Curigliano

1731 W. Baseline Road, Suite 100
Mesa, AZ 85202
Office: (480) 833-8000

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What’s your DUI-Q?

Test your IQ regarding Arizona DUI:

True or False: You have the right to refuse a Mesa field sobriety test if asked to do so by a police officer.
True. Field sobriety tests such as the one-leg stand, finger-to-nose tests, walk-a-straight-line, and other tests are voluntary in Mesa, Arizona.

True or False: Eating food can help you to sober up before you drive home after drinking. False. Eating before drinking may have an effect of the absorption of alcohol in your bloodstream, but eating anything (including breath mints, pennies, or hard candies) will not help your drunkenness/impairedness due to consuming too much alcohol.

True or False: You should answer a police officer if he/she asks if you have been drinking.
False. A Mesa AZ officer is asking you this question because your answer can be used against you as evidence. Your right is to remain silent and observe your right against self-incrimination. Your option instead of answering the question is to decline to answer the question and ask to call your Mesa DUI attorney.

True or False: You can refuse to take a blood test. This depends. If you have been arrested for a DUI and refuse to take the blood test, your driver’s license will be revoked for at least one year. Many times an officer will obtain a warrant in order to test your blood, even if you have declined. Arizona DUI laws are strict and tough; in fact, according to the law, it is implied that any person driving a motor vehicle and arrested for DUI is presumed to have given consent to the law.

True or False: You have the right to consult an attorney before an officer asks you to take a field sobriety test. False. According to Arizona courts, you do not have the right to counsel unless or until you are placed under arrest. You may, however, when asked to perform field sobriety tests to refuse the test and ask to speak with an attorney in Mesa.

True or False: You had one glass of wine. You are pulled over for speeding. You honestly tell the officer you had one glass of wine, as you are responsible and under control. It is possible that you blow over the legal limit if asked to take the breathalyzer test. True. You know you didn’t over indulge enough to possibly be dangerous or even “intoxicated,” but there are some things that can affect the accuracy / results of a breathalyzer test.

True or False: Drinking coffee will help you sober up before you drive your vehicle. False. Caffeine or any other ingredients in coffee will not help your liver metabolize alcohol, therefore not help you be more sober. Drinking coffee, taking a cold shower, or getting fresh air may give you a false sense of being more alert, but it has zero impact on the Blood Alcohol Content in your system.

My AZ Lawyers “AFFORDABLE LEGAL HELP FOR AZ”

Rob Curigliano, Expert CRIMINAL DEFENSE AND DUI attorneys

1731 W. Baseline Road, Suite 100
Mesa, AZ 85202
Office: (480) 833-8000