Recently in Penalties Category

May 17, 2013

1409595_gavel_5-1.jpgThe Court of Appeals of Arizona recently decided an appeal regarding aggravated DUI in the case State of Arizona v. John Patrick McDonagh. This is an interesting case that works in favor of DUI defendants. It arose when the State charged the defendant with four counts of aggravated DUI. These were all variations on the same facts, including: (1) drunk driving on a suspended license, (2) drunk driving with a BAC over .08 on a suspended license, (3) third instance of drunk driving within 84 months, and (4) driving with a BAC over .08 on a third offense.

The defendant was convicted of all four of these. During a sentencing hearing, the judge imposed a minimum mandatory 4-month term in prison followed by two years of probation. The court ordered the prison terms and the probation to run concurrently. It also ordered significant "Assessments" totaling $4,630 per count. From the way the court wrote the order, it was not clear whether these Assessments were imposed concurrently or if this was the sum the defendant had to pay per count.

The defendant appealed solely with respect to the issue of the Assessments. He argued that there shouldn't have been four separate Assessments assessed for four felony convictions all arising from the same driving incident. He didn't raise a constitutional issue, but rather a prohibition found in the state statutes. Specifically the code states, "[a]n act or omission which is made punishable in different ways by different sections of the laws may be punished under both, but in no event may sentences be other than concurrent."

The appellate court asked the parties to report how his payments were applied. The parties' reports revealed that the court's clerk applied the payment such that each dollar was credited to only one, not four counts.

Continue reading "Arizona Court Rules Against Imposition of Non-concurrent Assessments" »

March 13, 2013

Arizona Court of Appeals rules non-impairing Marijuana ingredients qualify for DUI prosecution.

A recent Marijuana DUI dismissal was overturned in favor of the state and moved for continued prosecution in the Arizona Court of Appeals.

The main legal issue was whether or not a motorist could be prosecuted for Marijuana DUI when the only evidence revealed on a blood test was an inactive chemical compound in Marijuana. In this case, the drug compound was one that does not cause impairment, "Carboxy-THC". This is a residual compound known to stay in a person's blood stream for 3 to 4 weeks after Marijuana use.

The inactive or non-impairing compound was examined in contrast to the known active ingredient THC or Tetrahydrocannabinol. THC has been successfully argued in courts as one that causes driving impairment.

The lower court dismissed the case before appeal, on the basis that the motorist was not driving impaired. But the Arizona Court of Appeals ruled that both the active compound and the inactive compound fall within Arizona DUI Law A.R.S. 28-1381, so the motorist could still be subject to prosecution.

The impact of this ruling is that the prosecution does not need to prove that the driver was impaired. In order to prosecute the motorist for DUI with Marijuana, as long as at least one of the two compounds can be identified in the DUI blood test evidence. Another adverse impact is that a person may have used the Marijuana legally in another state, days or weeks prior to driving in Arizona, and still be arrested for Marijuana DUI.

The Arizona Court of Appeals indicated that this ruling shall not be used to set precedent. However, this presents challenges in consistency for the courts since other cases similar to this are pending prosecution.


Arizona Drug DUI Law

Currently under Arizona law A.R.S. 28-1381 a person may be guilty of DUI under the following circumstances:

(1) While under the influence of intoxicating liquor or drugs while they are impaired to the slightest degree; or

(2) If the person has an alcohol concentration of 0.08 percent or more, within two hours of driving or being in actual physical control of the vehicle and the alcohol was consumed either before or while driving or being in actual physical control of the vehicle; or

(3) While there is any drug defined in section A.R.S.13-3401 or its metabolite in the person's body.

A person driving under the influence of Marijuana could be arrested under items (1) or (3) depending on the circumstances of the Marijuana DUI. It is not a defense if the person is a qualified Medical Marijuana user.


Criminal Defense Attorney for Drug DUI charges Mesa, AZ

If you face any type of drug DUI charges in Arizona, you should always consult a qualified criminal attorney to discuss your case. Arizona has some of the most strict laws, and severe penalties for DUI conviction in the state. Sentencing for drug DUI charges are the same or similar to those of drunk driving. They include jail terms, suspension of driver's license, probation, substance abuse screening and counseling; fines, fees, and assessments. Other penalties may apply. If retained an experienced criminal lawyer will protect your rights, and defend your charges. There may be defenses that you are not aware of that could lead to a dismissal of charges, or otherwise favorable outcome in your case.


Additional Resources:

Arizona Drug DUI Laws

Arizona Court of Appeals Division 1

Arizona Drugs Defined Under Criminal Code

Mesa AZ Municipal Court

Mesa AZ Police Department


Continue reading "Marijuana DUI: The Impact of Montgomery V. Harris in Arizona " »

January 28, 2013

If you plan to move or travel to Arizona; you should become familiar with Arizona's strict prescription drug DUI laws.

A person may be arrested in Arizona for a DUI, if they are not driving drunk, and even if they have had no alcohol at all. Last year Drug impairments accounted for 15% of all DUI arrests in Arizona. Police attribute many of these to Prescription DUI violations. If a motorist is driving impaired due to Prescription-only medications solely or in combination with alcohol, they may be exposed to a DUI Arrest. Convictions for drug related driving impairments are generally as severe as those for alcohol related impaired driving charges.


Arizona Prescription Drug DUI Laws

A.R.S. 28-1381 - In Arizona it is unlawful for a person to drive or be in actual physical control of a vehicle, if the person is "impaired to the slightest degree" while:

• Under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree;
• If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle;
• Due to any drug defined under A.R.S. 13-3401 or its metabolite in a person's bodily systems.


Prescription Drug DUI Penalties

A person found guilty of driving impaired due to prescription drugs will be convicted of a Class 1 Misdemeanor. Penalties first offense Drug DUI convictions include 10 days in jail; substance abuse education and screening; fines, fees, costs of $1250.00; 90 day driver's license suspension; and probation; and Ignition Interlock Device (IID) one year.

A second violation, within 7 years is a Class 1Misdemeanor. Penalties include 90 days jail; $3,000.00 fines, fees, costs; license revocation for one year; probation; Ignition Interlock Device (IID); and probation.

A third DUI violation of any kind within 7 years, with two prior DUI convictions elevates a DUI to a Class 4 Felony, or Aggravated DUI to a Class 4 Felony. Penalties call for 4 months in prison for the third DUI; and 8 months for subsequent impaired driving convictions; fines, fees, costs of at least $4,000.00; driver's license revocation for 3 years; ignition interlock device (IID) 2 years; probation or community service; and a felon criminal record.

These penalties may vary slightly, and additional penalties may apply.

Prescription Drugs Defined

A.R.S. 13-3401 (28) includes the definition of "Prescription only drug" and means;

• Any toxic or potentially harmful drug as recognized in the general medical community; and
• Is considered safe to use only under the supervision of a licensed and qualified medical practitioner;
• Limited or approved for use as new drug under Federal Rules and medical supervision; of a medical practitioner.
• Potentially harmful drugs with labeling that includes proper directions for use;
• Drugs required by the Federal Rules to include labeling with the test "Federal law prohibits dispensing without prescription" or "Rx only".


Criminal Attorney for Prescription Drug DUI defense Gilbert AZ

Arizona has some of the toughest laws and penalties for conviction in the county. If you are arrested for any type of impaired driving in Arizona due to alcohol or drugs, your future and freedom are in jeopardy. But you have the right to defend their charges, and by law are innocent until proven guilty. You should consult a criminal defense attorney, regarding your matter before deciding to plead "guilty". If retained, a qualified legal advocate will protect your rights and defend your charges. There may be defenses you are not aware of that could lead to a case dismissal, reduction of charges, or mitigation in sentencing.


Additional Resources:


Arizona Prescription Drug Definition

Arizona DUI Laws

Gilbert AZ Police DUI Enforcement Units

Criminal Court Gilbert AZ

Arizona MADD.org

Continue reading "Prescription Drug DUI charges " »

December 18, 2012

Combined Resources Creates Larger Valley-wide DUI Task Force December 2012


This year Phoenix AZ, East Valley, and West Valley are combining DUI Task Force Efforts to create one large task force, for better efficiency and safety.

The Special DUI Task Force will be in place for the rest of month of December 2012. A central Command Post will be set up at Devonshire Community Center. It is located at the intersections of E. Devonshire Ave and 28th Street, in Phoenix AZ. Police will also set up DUI Field Vans, with Preliminary Breath Test Units, throughout the valley.


DUI Charges

DUI charges represented the largest number of crimes in Arizona in 2011. A total of 35,505 arrests were made or 14% of all crimes committed in Arizona last year. In an effort to decrease incidents of drunk driving or Drug DUI, Maricopa County police have actively sought out DUI motorists with DUI Sobriety Checkpoints set throughout 2012. This year, they increased their presence and safety checkpoints around holidays, events, and times where high volumes of traffic were expected.

DUI Laws

Arizona has some of the toughest DUI laws and penalties in the country. A first-time DUI is a Class 1 Misdemeanor. Under A.R.S. 28-2831 it is unlawful for a person to drive or be in actual physical control of a vehicle while:

• Driving "impaired to the slightest degree" due to any alcohol or drugs;

• If the person has an alcohol concentration of 0.08 or greater within two hours of driving or being in actual physical control of a vehicle.

In Arizona the legal limit for alcohol or Blood Alcohol Content (BAC) is 0.08%. However, a person may be guilty of DUI even if their BAC was below 0.08%, if due to alcohol or drugs they were driving "impaired to the slightest degree".

Before making an arrest, the police will conduct an investigation to determine if they have probable cause for a DUI arrest. This may include Field testing, breath testing, and or blood testing.

DUI Penalties

First-time non-extreme DUI conviction will result in the following penalties:

• 10 jail sentence;
• Suspension of driver's license for 90 days;
• Ignition Interlock Device (IID) on vehicle following reinstatement of driving privileges;
• Fines, fees, costs and assessments of at least $1,200.00;
• Probation;
• Alcohol/drug abuse education and counseling which will reduce jail time to 24 hours if successfully completed;

The higher the Blood Alcohol Content (BAC) level found in a person's system, the higher the penalties.

Laws and sentencing are more severe for repeat offenses. If a person is found guilty of a third DUI within 7 years, even if the prior DUI charges occurred in another state, they will be convicted of an Aggravated DUI which is a Class 4 Felony. Penalties for Felony DUI call for:

• 4 months in prison;
• Fines, fees, and assessments of S4,000.00;
• Driving privileges revoked for 3 years;
• 24 months of IID after reinstatement of license;
• Parole;
• Drug and Alcohol counseling and treatment;
• Community Service
• Felony criminal record


Criminal Defense Attorney for DUI Charges in Phoenix AZ

If you face DUI charges of any kind you should always consult a DUI Attorney before pleading guilty or appearing in court. Even though you were arrested, you have the right to retain an attorney and defend your charges. Your legal advocate will protect your rights; provide a defense; and work to resolve your matter as favorably as possible.

Additional Resources:

Arizona DUI Laws

Arizona Department of Public Services (DPS) - 2011 Crime Statistics

Phoenix Police Department

City of Phoenix - Municipal Court

Continue reading "Super DUI Task Force Created: East & West Valley Join Phoenix for Greater DUI Enforcement" »

December 11, 2012

Super Extreme and Drug DUI laws and penalties apply to all motorists driving in Arizona

A criminal superior court judge in Northern Arizona was arrested on Super Extreme DUI charges, Sunday morning, December 9, 2012. He was stopped by police after swerving into oncoming traffic.

It was reported in the media that his Blood Alcohol Content (BAC) level exceeded the Super Extreme limit which is 0.20%. The suspect allegedly admitted to being under the influence of prescription drugs. The Judge was not at his bench on Monday, and the court reported that was allegedly assigned to non-judicial duties due to a personal matter.

In Arizona it is illegal to drive "Impaired to the Slightest Degree" due to alcohol or drugs. Prescription drugs, especially for pain, often have adverse impacts on driving. When drugs and alcohol are combined, they can prove to be particularly impairing on a motorist's ability to drive.

A mistake in judgment can easily result in a criminal offense. A DUI conviction can result in harsh criminal penalties including jail, driver's license suspension, and other civil penalties, as well as other consequences. If you will be driving in Arizona, you should understand the side effects of any drugs you take; and be familiar with Arizona DUI laws and consequences of a conviction.

Arizona Drug DUI Laws

A.R.S. 28-1381. (A). Under Arizona law it is illegal to drive or be in actual physical control of a vehicle, "impaired to the slightest degree", while under the influence of:

• Alcohol;
• Drug, or toxic substance (including over-the-counter, prescription, other legal or illegal drugs; or
• Any combination of liquor, and drugs

First offense drug DUI charges are treated are very similar to those of an alcohol DUI with a BAC of 0.08%, and categorized as a Class 1 Misdemeanor. Penalties for conviction include:

• 10 days jail;
• Fines, fees, costs of $1,200.00
• Installation of Court ordered Ignition Interlock Device on vehicle for at least 6 months;
• Drug/Substance abuse screening, counseling or treatment which if completed, will reduce jail term;
• Suspension of Driver's License for 90 days;
• Probation and/or
• Community Service



Super Extreme DUI laws in Arizona


A.R.S. 28-1381. (A)(2)(B). A motorist driving with an Alcohol BAC of 0.20 or more will be found guilty of Super Extreme DUI. A super Extreme DUI is a Class 1 Misdemeanor;

If a person is found to be driving with a BAC of 0.20 they will also be cited with "Impaired to the Slightest Degree"; 0.08% BAC DUI; 015% or more Extreme DUI and 0.20% Super Extreme DUI for up to 4 citations in one stop.

Penalties for a first offense Super Extreme DUI include

• 45 days in jail;
• Fines, fees, costs of $2,500.00
• Drug/Substance abuse screening, counseling or treatment which if completed, will reduce jail term;
• Installation of Court ordered Ignition Interlock Device on vehicle for at least 18 months;
• Suspension of Driver's License for at least 90 days;
• Probation and/or
• Community Service



Criminal Defense Attorney for Super Extreme DUI charges Gilbert AZ

Penalties for DUI if convicted will usually result in other life altering consequences such as termination or suspension of job. It is important to consult an experienced criminal defense attorney before going to court to discuss your matter, and options for defense. The penalties for any DUI in Arizona are some of the toughest in the country. You should never plead "Guilty" without being represented by an effective criminal defense lawyer. There may be defenses you are not aware of, that can lead to a dismissal, reduction or charges, or a reduction of harsh penalties. They will guide you through all phases of the criminal justice process; protect your rights; defend your charges; and work to get the most favorable resolution to your case.


Additional Resources:

Drug DUI and Super Extreme DUI laws

Gilbert AZ Police Department

Alcohol/Substance Abuse Counseling and Treatment Providers

Arizona Department of Health Services - Behavior Health Resource Links


Continue reading "Felony DUI Judge arrested for Super Extreme DUI " »

November 22, 2012

Criminal Arrest Phoenix AZ.jpgThe National CDC predicts 1,200 people will be killed; 25,000 injured due to impaired drivers this holiday season 2012.


The AZ Department of Public Safety issued a press release on November 21, 2012 announcing they will be focused on preventing auto accidents from Thanksgiving 2012 to New Year 2013. They are especially concerned with preventing auto accidents that result from impaired driving due to drugs or alcohol. The State of Arizona is asking the public to step up to help the cause.


Arizona Department of Public Service Tips

• Don't drive impaired due to alcohol or drugs;

• If you suspect someone is drunk driving or driving impaired due to drugs, call #911;

• Do an operation check on your vehicle before leaving for your destination. In particular, check inflation and tread on tires;

• Do not allow yourself to be distracted while driving. Remain focused on the road and other traffic;

• Never Read text, write text, or E-mail while driving. Always pull over or stop the vehicle in a safe place to text or E-mail;

• Wear your seat belt. Make sure all passengers have fastened theirs before you begin;

• Do not allow yourself to become impatient with other motorist. Risking a reckless driving charge, or auto collision is not worth it; before reacting to someone else's road rage, think about the consequences;

• Do not drive aggressive, or reckless. Steer away from drivers who are. Don't allow yourself to be their victim of their road rage or reckless driving.


DUI and Criminal Defense Attorney Mesa AZ

If you have been arrested with any DUI impaired driving with accident or other vehicular crime you should consult a criminal defense attorney to discuss your matters. These charges are all brought as criminal offenses. The offender will be exposed to harsh penalties including jail time, suspension of driver's license suspension or revocation, drug/alcohol counseling, fines, fees, and assessments, use of interlock devices on vehicles, and other harsh penalties. You should always retain a criminal defense attorney in the jurisdiction where you received the charges. They will protect your rights, defend your charges, and make every effort to secure a favorable resolution to your case.


Additional Resources:


AZ Department of Public Safety Press Release

National Center for Disease Control and Prevention

Arizona DUI Laws - State Legislature

Vehicular Crimes - Arizona State Legislature

Continue reading "Arizona DPS 2012 holiday safety tips for travelers " »

July 10, 2012

Extreme DUI Laws Scottsdale AZ

The Extreme DUI Blood Alcohol Limit (BAC) for alcohol is 0.15% but below 0.20%. If you are charged with a DUI 0.15% or greater, police will customarily charge you with three separate DUI offenses in the same stop. They will include the two or three BAC offense ranges of less than the one they were charged with:

• DUI "Impaired to the slightest degree"; A.R.S. §28-1381(A)(1)
• DUI above .08%; A.R.S. §28-1381 (A)(2)
• Extreme DUI above .15% A.R.S. §28-1382 (A) (1)
• Super Extreme DUI .20% A.R.S. §28-1382 (A) (2)

For example, if a motorist is charged with Super Extreme DUI, they will also be charged with 1) "impaired to the slightest degree", 2) DUI .08%; 3) Extreme DUI .15% and 4)Super Extreme DUI .20%. As a result, a motorist in this case would be charged with 4 DUI offenses.

Penalties Extreme DUI Convictions

If no other "aggravating factors" surround the incident, an Extreme DUI charge is a Class 1 Misdemeanor which is the most serious of Misdemeanors.
Generally, the higher the BAC, the more severe the penalties if convicted. Sentencing may include: 30 to 45 days in jail; $2500.00 fines; 1 year to 18 months ignition interlock device on vehicle; 90 days driver's license suspension; probation; fines; fees; costs and alcohol screening and counseling for a first time extreme DUI convictions. More penalties may apply.

Attorney for DUI Defense Scottsdale AZ

Any DUI arrest is serious. You should always consult a qualified criminal defense attorney before going to court, or pleading guilty. You have the right to defend your charges. There may be defenses that you are not aware of that could lead to a dismissal or reduction in charges or sentencing. If you wish to defend your charges, you should invoke that right, by retaining legal representation on your behalf. If retained, your attorney will make you're your rights are protected; defend your charges; and work to obtain the best possible outcome and resolution in your matter.

Continue reading "Extreme DUI Laws: Drunk Driving with Extreme BAC result in three DUI offenses in one stop " »

July 4, 2012

Drug DUI Charges Gilbert AZ

In 2011 Drug DUI charges were responsible for over 50% of all DUI charges in Arizona. By laws a motorist may be arrested for DUI, even if they have not consumed any alcoholic beverage, but is driving under the influence of any drug. The offense is called DUI - "impaired to the slightest degree". If convicted, the penalties are as harsh and similar to Drunk Driving due to Alcohol.

DUI with Drug Laws Arizona

Under A.R.S. § 28-1381. You may be found guilty if you were driving or in actual physical control of a vehicle, while:

• Under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree;

• There is any drug defined in section A.R.S. § 13-3401 or its metabolite in a person's body, that caused the impairment to the slightest degree.

In absence of Aggravated (felony) factors, Drug DUI violations are charged as Class 1 Misdemeanors.

Drug DUI Penalties

Despite the fact that a Drug DUI is a Misdemeanor, it still calls for harsh penalties. If convicted of a first offense Class 1 Misdemeanor the following penalties may be imposed:

• 10 days mandatory jail;
• Ignition interlock device (IID) at least 6 months;
• Drug/Alcohol counseling or treatment:
• Fines, Fees, Costs, & Assessments $1,250.00;
• Driving privileges suspended for 3 months;
• Probation or community service

If you were arrested for any type of DUI in Arizona, it is important that you consult a criminal defense firm to discuss your matter, and defense. Consequences for convictions are serious. There may be defenses that are available that if used may lead to a dismissal or reduction of charges and penalties. If retained, an experienced DUI lawyer will protect your rights, defend your charges, and help you get the most favorable outcome possible in your case.


Resource Links:


http://goo.gl/Co2gf

http://goo.gl/yUsVQ

http://goo.gl/ruAN2

Continue reading "DUI Laws: Drug DUI offenses are subject to same harsh penalties as drunk driving convictions. " »

June 30, 2012

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

Continue reading "Aggravated DUI - DWI: Consequences of drunk driving on an invalid driver's license " »

May 30, 2010

The State of Arizona has some of the DUI laws in the country this includes the misdemeanor Arizona DUI penalties. An Arizona Misdemeanor DUI is considered a crime in Arizona. It is important to hire an experienced Arizona criminal defense attorney that defends charges of Arizona DUI on a daily basis, if you have been charged with any type of DUI. Attempting to defend your self against the state for any type of DUI is dangerous. Hiring a experienced Defense Attorney can mean the difference of getting the maximum sentence allowable by the strict laws in Arizona or getting or charges dismissed, a not-guilty verdict, or getting the charges brought down to a lower level. Below are examples of basic DUI sentencing charges, fines fees, and penalties:

Arizona Misdemeanor DUI Criminal Offenses can include the following charges:
• Impaired to the Slightest Degree
• Driving With a BAC Over 0.08%
• Driving With a BAC Over 0.15%
• Driving With Drugs in Your System
• DUI in a Commercial Vehicle
• Underage DUI

Arizona Misdemeanor DUI Criminal Offense Fines Fees and Penalties can Include the following:

1st Arizona DUI Charge Conviction (non-extreme)
1 day in jail
$250 fine + 80% surcharge
$500 prison assessment
$500 DPS
Jail Costs
Evaluation Costs
Treatment Costs
Probation Fees
90 day Driver License suspension
Ignition Interlock Device

2nd Arizona DUI Charge Conviction (non-extreme)
30 days in jail
$250 fine + 80% surcharge
$1250 prison assessment
$250 abatement fee
Jail Costs
Evaluation Costs
Treatment Costs
Probation Fees
Driver License revoked for 1 year
Ignition Interlock Device

1st Arizona Extreme DUI Conviction
30 days in jail
$250 fine + 80% surcharge
$1000 prison assessment
$1000 DPS
$250 abatement fee
Jail Costs
Evaluation Costs
Treatment Costs
Probation Fees
90 day Driver License suspension
Ignition Interlock Device

2nd Arizona Extreme DUI Conviction
120 days in jail
$250 fine + 80% surcharge
$1250 prison assessment
$1250 DPS
$250 abatement fee
Jail Costs
Evaluation Costs
Treatment Costs
Probation Fees
Driver License revoked for 1 year
Ignition Interlock Device

Juveniles Convicted of DUI (Someone under the age of 18 First Offense
Two year license suspension
$100 to $500 fine plus surcharges (court fees)
Court ordered substance abuse counseling (paid for by juvenile offender)
Community Service hours

Juveniles Convicted of DUI (Someone under the age of 18) Second Offense
30 days detention
Two year license suspension
$100 to $500 fine plus surcharges (court fees)
Court ordered substance abuse counseling (paid for by juvenile offender)
Community Service hours.

NOTE: The above Chart Does NOT include the following for which penalties; incarceration, fines fees and penalties are much harsher: Felony Aggravated DUI, Repeat Aggravated Felony DUI, First or Second DUI convictions if the DUI Defendant's license was restricted or revoked, First or Repeat DUI convictions if the Defendant charged was driving with a child in the vehicle.

Continue reading "Arizona DUI Penalties Laws Attorneys " »

April 11, 2010

For a AZ DUI conviction of a an Arizona DUI offense pursuant to A.R.S. § 28-1381 or extreme DUI offense pursuant to A.R.S. § 28-1382 the term of probation is up to five years and for a conviction of an aggravated DUI offense pursuant to A.R.S. § 28-1383, up to 10 years. A.R.S. §13-902(B).

If you are placed on Arizona probation for your AZ DUI as part of your sentence, you are expected to complete all your terms of probation. Doing any of the following may cause you to be in breach of your probation: committing a new crime, failing a drug/alcohol urine test, failing to keep appointments with probation officer, and possessing a firearm. If you are convicted of a felony DUI and violate probation you could be held non-bondable pending your probation violation hearing.

Under Arizona General Crimes
: Unless terminated sooner, the term of probation for a class 2 felony is up to seven years; class 3 felony, up to five years; class 4 felony, up to four years; class 5 or 6 felony, up to three years; class 1 misdemeanor, up to three years; class 2 misdemeanor, up to two years; and class 3 misdemeanor, up to one year.

13-902. Periods of probation; monitoring; fees
A. Unless terminated sooner, probation may continue for the following periods:
1. For a class 2 felony, seven years.
2. For a class 3 felony, five years.
3. For a class 4 felony, four years.
4. For a class 5 or 6 felony, three years.
5. For a class 1 misdemeanor, three years.
6. For a class 2 misdemeanor, two years.
7. For a class 3 misdemeanor, one year.

B. Notwithstanding subsection A of this section, unless terminated sooner, probation may continue for the following periods:
1. For a violation of section 28-1381 or 28-1382, five years.
2. For a violation of section 28-1383, ten years.

28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.
2. If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.
3. While there is any drug defined in section 13-3401 or its metabolite in the person's body.
4. If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license as defined in section 28-3001 and the person has an alcohol concentration of 0.04 or more.

28-1382. Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle:
1. 0.15 or more but less than 0.20.
2. 0.20 or more.

28-1383. Aggravated driving or actual physical control while under the influence; violation; classification; definition
A. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following:
1. Commits a violation of section 28-1381, section 28-1382 or this section while the person's driver license or privilege to drive is suspended, canceled, revoked or refused or while a restriction is placed on the person's driver license or privilege to drive as a result of violating section 28-1381 or 28-1382 or under section 28-1385.
2. Within a period of eighty-four months commits a third or subsequent violation of section 28-1381, section 28-1382 or this section or is convicted of a violation of section 28-1381, section 28-1382 or this section and has previously been convicted of any combination of convictions of section 28-1381, section 28-1382 or this section or acts in another jurisdiction that if committed in this state would be a violation of section 28-1381, section 28-1382 or this section.
3. While a person under fifteen years of age is in the vehicle, commits a violation of either:
(a) Section 28-1381.
(b) Section 28-1382.
4. While the person is ordered by the court or required pursuant to section 28-3319 by the department to equip any motor vehicle the person operates with a certified ignition interlock device, does either of the following:
(a) While under arrest refuses to submit to any test chosen by a law enforcement officer pursuant to section 28-1321, subsection A.
(b) Commits a violation of section 28-1381, section 28-1382 or this section.

Continue reading "Arizona Probation - Arizona Aggravated DUI Convictions" »

April 10, 2010

Upon getting an Arizona DUI conviction some DUI penalties are mandatory by Arizona DUI Laws. In those cases an experienced DUI defense attorney will attempt to negotiate with the prosecution or the judge for alternatives to incarceration in county jail.

The following may be available under certain circumstances in some Arizona courts:

Home Arrest or Home Detention: This involves wearing an electronic ankle bracelet while under house arrest. It is not available in most courts.

Work Release: This involves authorization to leave jail to go to work or school in certain instances. If available, in most cases you usually must serve the first 48 hours in jail then released for five consecutive days for 12 hours in and 12 hours out, and then repeat the schedule.

Work Furlough:
This also allows you to keep your job and go to work during the day. However, this program is much more restrictive than work release.

City Jail:
This allows you to serve your time in the jail associated with the city you received you DUI. City jails are less crowded, cleaner and safer. This is usually less traumatic than serving a jail sentence in county jail or "tent city."

Not all of these options are available in every situation. Many factors influence your ability to negotiate an alternative location to serve your AZ DUI jail sentence. So if you are charged with a DUI you want to retain the best Arizona DUI lawyer you can find to get you the best outcome possible on your case.

Continue reading "Arizona DUI Penalties - Jail " »

March 4, 2010

Phoenix Arizona DUI Defense Attorney - AZ DUI Laws

Charged with an Arizona DUI? You will to need the Best DUI attorney you can find. This is because Arizona DUI Law requires mandatory jail time for a conviction of any Arizona DUI Charge. Arizona has some of the toughest laws DUI in the country. Just one such DUI penalty is the AZ DUI jail sentence. It is mandatory for any person in Arizona convicted of a DUI. This includes a conviction resulting from a trial, plea agreement, or plead guilty straight to the court. Fair, or not, Arizona law makers have written it into law and neither the judge, or prosecution has discretion with the mandate.

Arizona DUI laws specify that a person must serve at least 24 hours in jail if convicted of even the most basic or misdemeanor Arizona DUI charge. This will increase quickly to 30 days for an Arizona extreme DUI, then 45 days for an Arizona Super Extreme DUI. The maximum jail sentence for any single misdemeanor DUI charge in Arizona is 180 days.

You have probably heard about Arizona's "Sherriff Joe" and "Tent City". If you are in Maricopa County, Arizona and you have to serve jail time for a DUI conviction you will most likely go to Maricopa County Sheriff Office Joe Apraio's "Tent City". Your jail time s served outdoors. Yes, in the cold of winter, or the excessive Arizona heat of summer, known to have reached a sweltering 121 degrees or higher in some desert areas.

A common myth is that if you get stopped by the police and charged for an Arizona DUI will you automatically go to jail. However, that is not necessarily true. The key here is you must be convicted of an Arizona DUI, not just charged. That is why you need a good Arizona DUI lawyer who will fight for your rights and attempt to either get the DUI dismissed or get the charges reduced to a non-DUI conviction with no jail requirement and/or substantially reduced other penalties. There are some criminal charges that a top rated Phoenix DUI lawyer might recommend you fight on your own...But an Arizona DUI charge is not one of them.

Phoenix, DUI Attorney - AZ DUI Laws

If you or someone you know has been charged with an Arizona DUI or other Criminal offense contact the Law Office of James Novak. Call now for your Free Consultation at (480) 413-1499, with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak represents clients facing DUI & criminal charges throughout Phoenix, Tempe, Scottsdale, Chandler, Gilbert, Mesa and the surrounding areas of Greater Phoenix in Maricopa County, Arizona.

February 21, 2010

An Arizona DUI has many different levels of charges including "Extreme DUI" and "Super Extreme DUI." Both of these Arizona DUI offenses are higher charges in relation to the range penalties associated with an Arizona Misdemeanor DUI offense. These or any DUI, for that matter in Arizona are very serious offenses.

First a word of caution...you should think twice before you decide to defend your DUI charges on your own. Arizona has the toughest DUI laws in the country and they are constantly changing. You should consult a well versed, experienced Arizona DUI Defense Attorney to defend your DUI charges. Currently the following explains differences between penalties including fines, fees, incarceration and other punishments associated with the two:

Arizona Extreme DUI
Getting charged with an extreme DUI in Phoenix or anywhere in Arizona you will face Extreme DUI charges if your blood alcohol concentration (BAC) is 0.15% or greater. At this point, the driver's ability to safely operate a vehicle is severely compromised.

A first time Arizona Extreme DUI is punishable by:

  • A 90-day driver's license suspension
  • Up to 5 years probation
  • 30 to 180 days in jail
  • Fines and fees
  • Mandatory participation in an alcohol treatment program
  • Installation of an ignition interlock device in any car that you drive

A second Arizona Extreme DUI conviction will result in even greater penalties, including:

  • A 1-year driver's license revocation
  • Up to 5 years probation
  • 60 days jail, 280 days total
  • Fines and fees
  • Mandatory participation in an alcohol treatment program
  • Installation of an ignition interlock device in any car that you drive

Arizona Super Extreme DUI
In Arizona you will get a Super Extreme DUI charge if you are found operating a vehicle with a BAC level of 0.20% or greater. This is the most serious misdemeanor Arizona DUI. A conviction results in much higher penalties, including:

  • Driver's license suspension/revocation
  • Up to 5 years probation
  • 45 days to 180 days in jail
  • Fines and fees
  • Mandatory participation in an alcohol treatment program
  • Installation of an ignition interlock device for 18 months

If you have received a second Super Extreme DUI, the penalties will be even greater including a mandatory 180 days in jail.

Contact a Phoenix DUI Attorney

If you have been charged with an Arizona Extreme DUI or Arizona Super Extreme DUI in Phoenix or any of the surrounding areas in including your Tempe DUI, Scottsdale DUI, Chandler DUI, Gilbert DUI, or Mesa DUI, call today to speak with an Arizona DUI attorney immediately. You will need an experienced Phoenix DUI lawyer, like James Novak, from the Law Office of James Novak to defend you against your Phoenix Arizona DUI charges. James Novak will fight to protect your future and your freedom!

For your FREE Consultation, contact James Novak today at (480) 413-1499!