August 2012 Archives

August 29, 2012

Arizona DUI BAC Drink chart.GIFDid you know that the National Impaired Driving Enforcement Campaign is in effect August 17, 2012 to September 3, 2012?

You have probably seen the Television commercials airing the messages: "Drive Sober or get Pulled Over;" Don't drink and drive; and "They'll see you before you see them". The efforts involve increased police presence, DUI Task Forces; media outreach; national and local advertisements geared at raising public awareness.

According to the National Highway Traffic Safety Administration (NHTSA) launched a new anti-impairment driving campaign to support high visibility enforcement (HVE) of police officers nationwide. The campaign is intended to help reduce drunk driving, and raise awareness about the hazards of driving impaired due to alcohol or drugs. The efforts focus combining resources:

• Community outreach programs and education;
• DUI Task Force administration guides and materials;
• Heightened Presence of Police for basic traffic safety;
• Paid media communications, advertisements and marketing;
• Social media and internet campaigns to communicate the messages

Every state has their own laws regarding the legal limit or level of impairment that will result in criminal charges. It is important that you be familiar with the laws in your state, or any state that you plan to visit or reside.

Blood Alcohol Content (BAC): Legal Limits Arizona

All states in the country comply with at least 0.08% as the legal limit. Other states have more strict legal limits for example 0.05%.

Under Arizona law A.R.S. § 28-1381 A (2) a person may be arrested for DUI if their BAC is 0.08% or greater while driving or in actual physical control of any vehicle.

In Arizona, a motorist may also be charged with DUI, even if the BAC is below 0.08% down to 0%. This is called being "impaired to the slightest degree" under the influence of alcohol or drugs A.R.S. § 28-1381 A (1).

The penalties for DUI convictions are some of the harshest in the country. A first time Misdemeanor DUI, non-extreme BAC (below 0.15.%) conviction carries jail terms; 90 day suspension of driver's license; Ignition Interlock Device on vehicle; mandatory drug or alcohol counseling; probation; fines and fees.

DUI Attorney for defense of charges in Chandler AZ

If you face any type of DWI or drunk driving charges, you should always consult a criminal defense attorney to discuss your matter, and defense options. It is never a good idea to go to court alone or try to go without legal representation. If retained, your lawyer will provide legal representation throughout the criminal justice process; make sure you are treated fairly; defend your charges; and look for mitigating factors that will help you avoid a conviction or harsh penalties.


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• National Highway Traffic Safety Administration - Driving Safety

National Impaired Driving Enforcement Crackdown

Arizoan Legislature - Arizona Revised Statutes

Continue reading "National Impaired Driving Enforcement Crackdown in Effect" »

August 22, 2012

Drunk Driving Phoenix AZ Car Keys Alcohol.jpgWith Labor Day 2012 fast approaching and ASU back in session, police are increasing presence in and around East Valley Cities.

DUI Task Forces will be set up again this weekend on Mill Ave, in Tempe AZ. Police will also be organizing Traffic, Pedestrian, and Bike Safety checks.

The DUI Task Force officers will be looking for persons engaging in underage drinking; and binge drinking. They will also be seeking out motorist who are driving "impaired to the slightest degree" due to alcohol or drugs.

Basic DUI Laws in Arizona

• The legal limit in Arizona is 0.08% or greater (A.R.S. §28.1381.A. 2);
• A motorist may be charged for DUI if they are under the influence of drug or alcohol and found to be driving "impaired to the slightest degree" (A.R.S. §28.1381.A).
• The higher the Blood Alcohol Content BAC, the more severe the penalties;
• Sentencing for first time Misdemeanor DUI charges will result in Mandatory Jail Terms, Ignition, Interlock device, and driver's license suspension;


Under Age 21 Drinking Laws

• The legal drinking age is 21 in Arizona: (ARS § 4-244(34);
Underage 21 Drinking DUI convictions in Arizona are subject to "Zero Tolerance" laws. Motorists convicted of driving under the age of 21 with any alcohol or drugs will be exposed to criminal penalties which include: Jail terms; Ignition Interlock Device on Vehicle; 2 years driver's license suspension or denial; Probation or Community Service; Alcohol/Drug screening and treatment.

"Binge Drinking"

Binge Drinking is the Number 1 cause of Alcohol Poisoning. It is also the number one cause of drunk driving and resulting DUI and DUI with Auto Accidents. Binge drinking is defined as having 4 to 5 alcoholic drinks or "shots" within a short time span. It can result in serious illnesses, acute and long term disease and even death. It is the result of the body's inability to metabolize the alcohol as fast as it is ingested. It takes a least an hour, for the liver to metabolize one drink. Other factors are taken into account for metabolic speed including body weight; food ingested with the alcohol; other medications; medical conditions; alcohol tolerance level and other factors. So in a binge drinking situation, the alcohol or "shots" ingested may just begin to shock the body which feels it effects long after the last drink, once they have left the bar.

Criminal Defense Attorney Tempe AZ

If you were arrested for DUI it is important that you consult an experienced criminal attorney to discuss your case and defense options. The laws and penalties are some of the harshest in the country. With so much at stake, you should always retain qualified legal representation for any alcohol or drug related criminal offense. If retained, your lawyer will protect your rights, defend your charges, and provide an effective defense that can preserve your future and freedom.

Resources:


National Centers for Disease Control

Arizona Revised Statutes - AZ Legislature

Arizona Department of Public Safety


Continue reading " Tempe DUI Task Force Labor Day: Alcohol, Drug, and DUI Basics " »