DUI, DUI DRUGS, DRIVING WHILE IMPAIRED

Great 4th Amendment analysis on medical blood draws during a DUI investigation. Read here why the Arizona Court of Appeals require the police to get a  warrant.

– A DUI HAS CRIMINAL AND CIVIL CONSEQUENCES, Flagstaff DUI attorney David Bednar will defend you in both matters.

CIVIL. Although most people are concerned about the criminal consequences of a DUI, the motor vehicle division (ADOT/MVD) will initiate proceedings against your license as well. You are entitled to an administrative hearing when you have been cited for a DUI. It is important to have an attorney represent you in this type of civil matter as you will be facing a suspension no matter the outcome of the criminal proceeding.

A person cited for DUI usually faces a 90 day license suspension. After the first 30 days, the person can apply for a restricted license for the remaining 60 days so that they can drive to work and school.

In some cases, a person will face a year long license suspension if they refused to provide a sample of breath or blood after the arrest.

CRIMINAL. Depending on the amount of alcohol in your system, the penalty varies in Arizona for a DUI conviction.

dui-test-PA

Never agree to perform the field sobriety tests requested by the police, they are designed to make you fail!

TOP 10 DO’S AND DONT’S WHEN STOPPED FOR DUI:

  1. Do provide your license, registration, and proof of insurance.
  2. Do get out of the vehicle if asked by the officer.
  3. Do be polite with the police officer.
  4. Do ask to speak with an attorney, before you agree to any testing of breath or blood, if you are arrested.
  5. Do not admit to consuming alcohol or drugs.
  6. Do not perform any of the roadside tests for the officer.
  7. Do not blow in a portable breath device on the side of the road.
  8. Do not let the officer perform any tests on your eyes.
  9. Do not consent to a search of you or your vehicle.
  10. Do ask to be released to obtain an independent blood sample from a hospital.

POSSIBLE DUI DEFENSES:

  • An illegal stop by the officer. (The officer had no legal reason to stop your vehicle).
  • The officer failed to allow you to speak with an attorney.
  • The officer conducted an improper deprivation period.
  • The breath machine was not calibrated properly.
  • The officer provided false information when he obtained a warrant for your blood.

An experienced DUI attorney like David Bednar will search through your case to find any mistakes that were made by the police. The majority of DUI defenses are discovered during the stop, arrest, and testing phases of the police encounter.

Here’s a look at the penalties under state law.

Standard DUI, 0.08+, first offense

Jail: 1-10 days.

Fines: About $1,500, plus jail costs and $80 monitoring fee.

Screening and counseling required: Yes.

Driver’s license suspension: 90-day suspension or one-year revocation.

Interlock device on vehicle: 12 months, can be removed at 6 months.

Standard DUI, 0.08+, second offense

Jail: 30-90 days; home detention eligible (after six days).

Fines: About $3,500, plus jail/home detention costs and $80 monitoring fee.

Screening and counseling required: Yes.

Driver’s license suspension: One-year revocation.

Interlock: 12 months.

Extreme DUI: 0.15+, first offense

Jail: 10-30 days; home detention eligible (after two days).

Fines: About $2,780, plus jail/home detention costs and $80 monitoring fee.

Screening and counseling required: Yes.

Driver’s license suspension: 90-day suspension.

Interlock: 12 months.

Extreme DUI: 0.15+, second offense

Jail: 60-120 days; home detention eligible (after 24 days).

Fines: About $3,740, plus jail/home detention costs and $80 monitoring fee.

Screening and counseling required: Yes.

Driver’s license suspension: One-year revocation.

Interlock: 12 months.

Super Extreme DUI: 0.20+, first offense

Jail: 45 days; home detention eligible (after 3 days).

Fines: About $3,240, plus jail/home detention costs and $80 monitoring fee.

Screening and counseling required: Yes.

Driver’s license suspension: 90-day suspension.

Interlock: 18 months.

Super Extreme DUI: 0.20+, second offense

Jail: 180 days; home detention eligible (after 36 days).

Fines: About $4,650, plus jail/home detention costs and $80 monitoring fee.

Screening and counseling required: Yes.

Driver’s license suspension: One-year revocation.

Interlock: 24 months.