Arizona Criminal Defense Attorney Blog
“The purpose of a DUI Task Force is to seek out and arrest persons driving drunk, or driving impaired due to alcohol or drugs. The laws regarding routine DUI stops and DUI Task Force Stops are very different. To preserve your rights and defenses you should know the differences.”
Difference between DUI Task Force Stops and DUI Stops
The difference between a regular DUI “pull over while driving” stop and a DUI Task Force Stop are the circumstances that lead to the initial DUI stop. In a DUI roadblock situation, Police do not need “reasonable suspicion” that someone is driving drunk or DUI, in order to stop a vehicle.
A routine DUI stop occurs when the driver is “pulled over” in absence of a DUI Task Force Situation. In a routine DUI stop, the police must have “reasonable suspicion” that a crime is in progress or other violation of the law has occurred. This standard has been upheld by the US Supreme Court, as held by the rights given under the 4th Amendment of the U.S. Constitution. If a person is stopped for DUI or any other crime in absence of “reasonable suspicion” that a crime or violation is in progress or has occurred, then the stop is unlawful. Subsequently, it would be considered a violation of the driver’s rights.
DUI Task Forces are organized and conducted according to The National Highway Traffic and Safety Administration (NHTSA), and along with City or State Laws in place for DUI Task Force Stops. The purpose of a DUI Task Force is to seek out and arrest persons driving drunk, or “driving impaired to the slightest degree” due to alcohol or drugs. No one is immune to the stop. In most cases, The vehicles to be stop at are decided in advance by city, or county officials and their respective law enforcement Agencies. The NHTSA guidelines require that the determination be made on the basis of a mathematical or numeric formula, for example, every vehicle, or every 2nd vehicle. According to the NHTSA guidelines, the determination must be made by means of some sort of mathematical formula. For example, they will stop every first, third, or every other vehicle passing through the DUI roadblock. Police need no other reason to make the checkpoint DUI stop.
Arizona DUI Penalties
Generally, there is no difference in penalties sentencing for convictions resulting from DUI Task Force arrest and a routine DUI Task Force Arrest. Arizona has some of the toughest DUI penalties in the country. Currently they include 24 hours jail time; suspension of driver’s license for 90 days; interlock device installation; fines, fees, costs; drug or alcohol screening or counseling and other penalties ordered by the court. Penalties increase in severity for higher Blood Alcohol Content (BAC) levels and repeat DUI offense.
DUI Lawyer for Defense, Gilbert AZ
If you face DUI charges in Maricopa County, you should consult an Arizona criminal defense attorney regarding your charges, and defense options. If retained an experienced DUI attorney will review the facts of your case. They may find that there are defenses that can be used to challenge the evidence or charges in your matter. If the DUI stop was unlawful, it is considered to be a violation of your constitutional rights. In that event, any evidence gathered after that stop may be prohibited by the court from being used against you as evidence. This severely weakens the prosecution’s case, and usually results in DUI case dismissal. Any defenses are the most effective, when presented by a qualified and experienced criminal defense lawyer. They will defend your charges; protect your rights; and represent you throughout the DUI case stages to obtain the most favorable outcome possible in your case.
If you “Like” this article please let us know! Feel Free to subscribe and “Share”!
Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499
www.Arizonacriminaldefenselawyer.com
www.novakazlaw.com
Arizona DUI, DWI, Drunk Driving & Criminal Defense Firm
Serving Phoenix, Tempe, Mesa, Chandler, Gilbert, Mesa, and Scottsdale AZ
Phoenix Metro and East Valley Cities
Free Consultation! Call (480) 413-1499. Call 24/7