Phoenix DUI Lawyer Blog

Aggravated DUI - DWI Charges in Tempe AZ

DUI while driving on a suspended license in Arizona is a felony. Felony DUI charges under ARS § 28-1383 are known as Aggravated DUI charges. Felony DUI charges are serious offenses and can result in harsh sentencing including 4 months jail time, and 3 years revocation in driving privileges. You should always consult an experienced DUI defense attorney before pleading guilty to these charges to discuss the consequences and options for your defense.

ARS § 28-1383: Aggravated DUI Laws

A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person is found guilty of DUI under ARS § 28-1381, ARS § 28-1382 or ARS § 28-1385:

(1) While their driver's license or privileges are:

• Suspended;
• Canceled;
• Revoked;
• Denied:
• Refused; or
• Restricted

DUI Convictions which include driving on an invalid license is a Class 4 felony.

Penalties for Aggravated DUI

Penalties for Felony DUI with an invalid driver's license include:

• Minimum 4 months jail term;
• $3,250.00 Assessments;
• Fines $750.00;
• Driver's License Revocation 3 years;
• 2 years Ignition Interlock Device after license reinstatement;
• Alcohol/Drug counseling or treatment;
• Possible forfeiture of vehicle;
• Possible Community Services

The court may order additional penalties if deemed necessary and appropriate.

Felony DUI Defense Attorney in Tempe AZ

Aggravated DUI convictions have other long term consequences including a felony criminal record, loss of some civil rights such as right to bear arms or right to vote; and other adverse impacts. You should consider invoking your right to defending your charges by pleading "not guilty", at your Arraignment. You should preserve your defenses by invoking your right to remain silent concerning any questioning or interrogation of your DUI after your arrest. If retained, your criminal attorney will protect your rights; and defend your charges; to help you avoid a conviction and harsh sentencing. There may be defenses you are not aware of that help you challenge the charges. In some cases, the DUI can be dismissed; or charges and penalties reduced depending on the circumstances.

Resources http://goo.gl/WLszn

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TruNarc: Police Drug Detection

Police Departments around the Country have begun using TruNarc, a mobile device used for drug testing. The device can rapidly detect single or multiple compounds and drugs, including those more difficult to detect such as "bath salts", within seconds. For the last 50 years police have used lab kits to test for narcotics or illegal drugs. In effect TruNarc in said to speed up the drug identification process, allowing police to be more efficient with their time, and decrease turnaround time in drug cases.

How it Works

The device has a laser which is pointed directly at the suspicious drug sample. It then generates a distinct spectrum, similar to a finger print. It is then analyzed for identification in the device's drug library contained the unit. It can be easily updated for new dangerous or designer drugs. Records can be automatically produced, to include the name of the drug, time and date stamps and anything else the police department wishes to program into it.

Industry Recognition

The core technology used for the Thermo Scientific device uses "Raman spectroscopy", which is recognized as an analytical tool by the "Scientific Working Group for the Analysis of Seized Drugs (SWGDRU). TruNarc's results were compared to the same drug samples as certified laboratories. The conclusions were that TrucNarc had produced 80% - 100% positive results, with "0" false positive results.

Pros

Below are 7 items in favor of TruNarc Testing Device:

• Device is lightweight and easy to use;
• Immediate results; Eliminates need for backlogged and costly lab processing
• Detects compounded and new "designer", bath salts and synthetic drugs;
• Can be used in addition to drug testing kit for presumptive testing;
• Nonintrusive. The test does not require contact;
• Reduces time for Criminal Case Resolutions:
• Police K-9 Dog Drug Screeners costs between $20,000.00 and $$29,000.00 to train. The cost of the device is equal or less for TruNarc $20,000.00 currently.

Cons

Below are 7 items that oppose TruNarc Technology for drug testing:

• Costly: $20,000.00 per device;
• Lack of background science, experience or reported statistics of use in the Field by police;
• Police officers would need to be trained to operate, minister, and maintain it;
• If adopted by the states, it will face much challenge by experts and criminal defense attorney, regarding administration, accuracy, validity, maintenance, and operation of the device (similar to the challenges that breathalyzers presented.);
• Technology may not prove to serve as an effective substitute for full lab analysis by a certified laboratory and trained lab professional;
• Judges around the country have yet to decide if the test results from TruNarc can be admissible in trial.
• No case law or documented challenges have been argued against it for drug charges involving the device.

Resources:
http://goo.gl/76gqM

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On June 8, 2012, the US Department of Human Services Centers for Disease Control and Prevention (CDC) survey results. According to Youth Risk Behavior Surveillance Summaries 2011 report, Arizona topped the nation at #1 with 26.5% for high school students who engaged and alcohol "binge drinking". Arizona dropped to the number #2 spot for with 43.8 % of high school students admitting to current use of alcohol (just shy of Louisiana at 44.4%.)

Binge Drinking

Binge drinking is consuming 4 to 5 alcoholic beverages, or "shots" in a row, within a short period of time. One drink is considered a 12 ounce bottle of beer; 3 to 5 oz. of wine; or 1 to 1.5 oz. of 80-86 proof liquor. If any of these or any combination of these are consumed within a short time for example within one or two hours, a person is considered to be binge drinking.

Hazards of minor consumption of Alcohol and Binge Drinking

Binge drinking is the number one cause of alcohol poisoning which can cause serious injury, disease, liver failure, and even fatality. Other hazards include DUI and/or serious and fatal auto collisions if a person is a passenger in the vehicle of another driver who is driving drunk.

Underage DUI and Minor Consumption Zero Tolerance Laws

Arizona is considered to be a "0" tolerance state, meaning it is unlawful for a person to be found with any amount of alcohol in their body, whether they are impaired or not. There are a few exceptions under safe supervised conditions such as religious exercises, or medicinal purposes.

• A.R.S. § 4-244. 41. It is unlawful to drinking spirituous liquor under age 21;
• A.R.S. § 28-1381 A. (1). It is unlawful to drive if you are "impaired to the slightest degree" due to drugs or alcohol;
• A.R.S. § 28-1381 A. (2). If the person is under twenty-one years of age, with spirituous liquor in the person's body;
• A.R.S. § 4-244. 34. It is unlawful for a person under age 21 years of age to drive or be in physical control of a motor vehicle if any amount of liquor has been consumed and found in a person's body;
• A.R.S. § 28-1381 B (1) is against the law to drive with a Blood Alcohol Content (BAC) of 0.08% or greater;
• A.R.S. § 4- 241. It is unlawful for a person to buy, sell, give, or distribute liquor to a person under age 21.

Penalties for Underage Minor Consumption and Underage DUI Charges Tempe AZ

• 2 year driver's license suspension or denial;
• Jail Term;
• Probation;
• Fines up to $500.00;
• Community Service;
• Alcohol education and counseling;
• Installation of ignition interlock device on vehicle

Minor Consumption - Underage DUI charges defense Tempe AZ

If you face charges for minor consumption or underage DUI, you should consult a criminal defense attorney before pleading guilty. There may be defenses you are not aware of that can help you save your driving privileges, avoid jail, or other favorable outcome in your case.

Resource Links:

http://goo.gl/ry4Yr

http://goo.gl/6MHYu

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