The seriousness of a DUI arrest depends on a few things. Most notably, whether you have a prior conviction for a DUI. Generally speaking, first-offense DUIs are less serious than subsequent offenses. For example, the punishment for a first-offense DUI is ten consecutive days in jail, a fine of at least $250, and mandatory community service. In addition, you will need to install an ignition interlock device on your vehicle before you can drive again. If you are convicted of a second DUI, then the punishment you face will increase significantly. For example, the jail time the comes along with a second offense increases to up to 90 days in jail. However, if you participate in drug or alcohol classes, you can have a portion of that sentence suspended.

In addition to the criminal penalties associated with a DUI conviction, you can also suffer a host of collateral consequences. Collateral consequences are the non-criminal aspects of a conviction that impact your life, often making it much more challenging to get a job, attend school, or obtain certain benefits. For example, if you are convicted of an Arizona DUI, employers can refuse to hire you, and you may not be eligible for certain professional licenses. Landlords may also ask you on a rental application if you have ever been convicted of a crime, which impacts their decision of who to rent to.

In short, the consequences of a DUI conviction are severe, even for a first-time DUI, and everything should be done to avoid a conviction. That said, many DUI arrests are flawed for one reason or another. For example, police officers need to justify stopping a driver for a DUI traffic stop by showing that there was probable cause to stop the car. If police officers act on a hunch or cannot point to specific reasons justifying their belief you were intoxicated, any evidence obtained as a result of the traffic stop may be inadmissible at trial. And without this evidence, the prosecution may have no choice but to withdraw the case.

There are many other defenses to Arizona DUI offenses. A knowledgeable criminal defense attorney can go over the various defenses and help you determine which best fits the circumstances of your case.

Have You Been Arrested for an Arizona DUI?

If you face drunk driving charges in Arizona, it is important that you take the situation seriously. At the same time, you should not resign to the fact that you will be found guilty. At the Law Office of James E. Novak, we represent clients in all types of Arizona DUI cases. With extensive experience handling both alcohol and drug DUI cases, we are uniquely situated to provide you with the best defense possible. To learn more, and to schedule a free consultation today, contact Attorney Novak at 480-413-1499.

For example, take a recent appellate decision issued by the Arizona Court of Appeals. In that case, a child was born three weeks prematurely. It was later determined that the baby’s mother tested positive for multiple drugs. However, the child’s father sough to maintain custody. At the hospital, the father was emotional and, evidently, security had to escort him out of the building. A week later, the father was arrested for reckless driving and, after a blood test revealed his blood-alcohol content was twice the legal limit, he was arrested for driving under the influence.

In this case, the court had to determine if the lower court’s determination that the child was a “dependent child,” meaning one “who has no parent or guardian willing to exercise or capable of exercising” the care and control a child needs. Among the factors the court considered was the fact that the father had been arrested for driving under the influence. While there were certainly other issues the child’s father had that caused the court concern, there is a reason the court included the father’s DUI arrest in its opinion.

After an Arizona DUI arrest, panic sets in, your thoughts are racing, and you may not know what to do. You may be afraid that you will be unable to provide for your family, be required to pay thousands of dollars in fees, or even be sent to jail. To be sure, it is a difficult time. However, you do not need to navigate the system on your own. A dedicated Arizona DUI defense attorney can go over your options and help you pursue what’s best for yourself and your family. Remember, not every DUI arrest results in a conviction.

Have You Been Arrested for an Arizona Drunk Driving Offense?

If you were recently arrested for an Arizona drunk driving offense, and fear what it may mean for your future, give Attorney James E. Novak a call. Attorney Novak is a veteran Tempe DUI defense attorney with decades of experience handling all types of DUI and traffic-related matters on behalf of a diverse range of clients. Attorney Novak is regarded as an aggressive advocate who unceasingly pursues the interests of his clients at every stage of the process. To learn more, and to schedule a free consultation, call 480-413-1499 to schedule a free consultation, you can also reach Attorney Novak through his online form.

First DUI Offense

As with every other state, it is unlawful for an individual under the influence of a controlled substance (i.e., alcohol or drugs) to operate a vehicle in Arizona. To determine whether someone suspected of a DUI is actually under the influence, law enforcement will test his or her blood alcohol concentration (BAC). Generally, if a driver’s BAC is measured at 0.08 or greater, they are considered to be guilty of driving under the influence. However, if the driver is under the age of 21, they may be found guilty of a DUI if there is any alcohol in their system.

If convicted, a first time DUI offender faces a penalty of at least ten days in jail, and a fine of no less than $1,250. In addition, the driver will have their driving privileges suspended for 90-days. To have driving privileges reinstated, the driver may have to undergo alcohol screening, education and treatment plans, and have their vehicle equipped with a certified ignition interlock device. On top of that, a person may also be required to perform community service. This may sound severe, but keep in mind that this is only for a first-time offense with no aggravating circumstances.

more Aggravating Factors

Certain factors increase the severity of potential penalties for a DUI conviction. The first of these is whether the driver has past DUI offenses on their record. An individual with a prior DUI conviction will face a minimum of 90 days in jail and a $3,000 fine. A conviction would also result in a 12-month revocation of their driving privileges. Furthermore, the driver may still be required to complete classes, have an ignition interlock device installed in their car, and complete community service hours.

Another factor increasing potential DUI penalties is the BAC of the driver at the time of the incident. If the driver’s BAC is measured at 0.15 or higher, they may be charged with an extreme DUI. Someone accused of an extreme DUI faces a minimum of 30 days in jail and a minimum fine of $2,500. These penalties also increase if the driver has past DUI offenses on their record. Each subsequent extreme DUI offense carries with it a potential minimum sentence of 120 days in jail and a $3,250 fine.

Finally, another category of DUI offense is an aggravated DUI. This category applies where any of the following was true when the offense occurred: (1) the driver’s license is suspended or revoked at the time of the offense; (2) it is the driver’s third DUI offense in seven years; (3) a person under the 15 was a passenger in the vehicle; (4) the person was under an ignition interlock device requirement. An aggravated DUI carries the most severe incarceration penalty — up to two years in state prison. That is in addition to license revocation for 12-months, and any of the other potential punishments and requirements listed above.

Collateral Consequences

The punishments imposed by a court are not the only negative consequences of a DUI conviction. The stigma of a criminal conviction is also likely to have a lasting effect on anyone found guilty of a DUI. This stigma can lead to the loss of opportunities for employment, housing, and even community involvement. While the punishments handed down by the court will end, these consequences will last as long as the record does.

Are You Facing a DUI charge in Tempe?

If you are facing an Arizona DUI case, it is crucial to understand what is on the line. Arizona drunk driving convictions can carry significant consequences that can potentially follow you for life. Attorney James E. Novak is a former prosecutor and one of Tempe’s highest-rated DUI attorneys. He uses his decades of experience to ensure that your interests are protected at every step of the process. Call 480-413-1499 today to schedule a free consultation.

In Arizona, like most other states, it is illegal to drive with a blood-alcohol content (BAC) of .08 or above. However, Arizona law is unique in that it creates “presumptions” depending on a motorist’s BAC. For example:

• a motorist whose BAC is less than .05 is presumed not to be intoxicated;
• a motorist with a BAC over .08 is presumed to be intoxicated; and
• there is no presumption of intoxication for motorists with BACs between .05 and .08.

more

Thus, under Arizona’s DUI law, a motorist with a BAC of .06 can still be found guilty of DUI through the presentation of “other competent evidence.” When it comes to driving under the influence of drugs, Arizona law is similarly strict. For example, a motorist can be found guilty of DUI even if there is only the metabolite of a drug in their system. In many cases, a metabolite does not cause the effects of intoxication and merely shows that a person had used the drug in the past.

The Penalties for an Arizona DUI

In Arizona, a first-time offender is required to be sentenced to the following:

• No less than 10 consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served;
• Total fines and assessments of no less than $1250;
• Installation of an ignition interlock device; and
• Payment of any court-imposed restitution or required community service.

Second-time DUI offenders face even stiffer penalties, with a minimum of 90 days in jail, fines and assessments of at least $3,000, and a license suspension for one a year.

Importantly, the court may exercise its discretion and suspend all but one day of incarceration for first-time offenders, and all but 30 days of imprisonment for second-time offenders, if the defendant completes a drug and alcohol treatment program.

Have You Been Arrested for an Arizona DUI?

If you have recently been arrested and charged with a DUI offense in Arizona, you should contact Attorney James E. Novak for assistance. Attorney Novak is a well-known and respected Arizona DUI defense lawyer with extensive experience in handling all types of Arizona DUI cases, ranging from first-time offenses to subsequent extreme DUI charges. To learn more about how Attorney Novak can help you defend against the charges you are facing, call 480-413-1499 to schedule a free consultation today.

Additional Resources:

• A.R.S. section 28-1382
• A.R.S. section 28-1383

Other Articles of Interest from The Law Office of James Novak’s Phoenix DUI Blog: What Are Miranda Rights and How Do They Apply in Arizona DUI Cases?, Phoenix DUI Law Blog, October 3, 2018

Court Discusses Notice Requirement in Recent Arizona Aggravated DUI Case, Phoenix DUI Law Blog, September 28, 2018

For those who already have been convicted of a crime, they are likely already aware of the collateral consequences of a criminal conviction. For those without experience in the criminal justice system, the collateral consequences of a conviction can be far worse than those prescribed by law.

What Are Collateral Consequences?

Collateral consequences are the additional penalties that stem from a criminal conviction other than probation, fines, or time spent in jail or prison. Some draw a line between the state-mandated collateral consequences and the social consequences. However, both are equally as real and carry the same potential to change a person’s life.

For example, in addition to fines, probation, and potential jail time, someone who is convicted of an Arizona DUI offense can have their license suspended for up to a year. Once their license is restored, they are required to maintain an ignition-interlock system on their vehicle for up to 18 months. An ignition-interlock system is a device that mounts on to the dashboard of a vehicle and requires a driver blow into a tube to ensure that they have not consumed alcohol before the car will start.

Depending on a person’s specific situation, a license suspension may result in their inability to get to work. Even if the court grants a restricted license for part of the suspension period, that person may not be able to maintain the flexible schedule required by some employers. In addition, some state-issued licenses are unavailable to those with a DUI conviction. For example, commercial drivers and school bus drivers can have their licenses denied or revoked after being convicted of an Arizona DUI.

In some situations, employers may take action against an employee who was convicted of an Arizona DUI. For example, Arizona Cardinals General Manager, Steve Keim, was recently charged and convicted of a DUI offense in Chandler. According to a recent news report, Mr. Keim pleaded guilty shortly after his arrest and, on top of the state-mandated penalties involved, he was fined $200,000 and suspended for five weeks.

Have You Been Arrested for an Arizona DUI?

If you have recently been arrested and charged with driving under the influence in Arizona, you should take immediate action to make sure you understand what effect the arrest and conviction could have on your future. Attorney James E. Novak has been handling Arizona DUI cases for almost two decades and has a deep knowledge of Arizona DUI law. He understands the effects that a potential conviction can have on his clients’ lives, and does everything he can to help minimize or eliminate those effects through his zealous advocacy. To learn more, call 480-413-1499 to schedule a free consultation today.

Additional Resources:

• A.R.S. § 28-1381

Other Articles of Interest from The Law Office of James Novak’s Phoenix DUI Blog: Arizona Appellate Court Upholds DUI Conviction Over Defendant’s Operation Challenge, Phoenix DUI Law Blog, July 19, 2018

Nearly 300 DUI Arrests Were Made in Arizona over 4th of July Weekend, Phoenix DUI Law Blog, July 9, 2018

We’d like to consider some of the financial penalties associated with marijuana DUI charges so you understand the difficulties ahead. It will reinforce the importance of having a skilled lawyer by your side to help reduce or drop the charges against you.

Arizona Laws on Driving Under the Influence of Marijuana

The state of Arizona prohibits people from driving a vehicle if they are under the influence of any sort of drug. This includes people who are licensed to use medical marijuana to treat a health condition.

Keep in mind that the presence of metabolites (the residue in the bloodstream after marijuana use) does not necessarily mean you were using marijuana while behind the wheel. Metabolites can stay in your blood for weeks, meaning you may be charged with marijuana DUI even though you were not under the influence of the drug for some time.

Financial Penalties for First Offense Marijuana DUI

The financial penalties for a first-time marijuana DUI will include a fine that starts at $1,250. This is on top of jail time, license suspension, probation, and community service.

Financial Penalties for Second Offense Marijuana DUI

If you have another marijuana DUI within 7 years of the first offense, you will face harsher penalties. The financial penalties for second offense DUI include a minimum fine of $3,000. Jail time, license suspension, enrollment in a drug treatment program, and other penalties also apply.

Financial Penalties for Third Offense Marijuana DUI

If there is a third marijuana DUI within 7 years of previous offenses, the driver will face the harshest penalties yet. Fines for a third offense marijuana DUI can be as steep as $150,000. This is on top of prison time, probation, and forfeiture of your vehicle.

Marijuana Possession and DUI

If you are pulled over for driving under the influence of marijuana, additional charges may be filed if you are found in possession of marijuana. Marijuana possession is a felony in the state of Arizona.

The severity of your possession charges will depend on how much marijuana you have on you at the time. Having just small amounts of marijuana on your person will typically result in a misdemeanor charge rather than a felony. The most severe charges are given to those who are in possession of more than two pounds of marijuana. The financial penalties for marijuana possession can vary depending on the amount on your person at the time of arrest.

Additional Penalties to Keep in Mind

In addition to possession and multiple marijuana DUI offenses, additional penalties may apply depending on the nature of your driving infraction. For instance, harsher penalties will be levied against you if you have a passenger in your vehicle who is 15 years old or younger. Causing vehicle damage or injury to others will similarly result in harsher penalties.

Learn More About Your Legal Rights

If you have been arrested for driving while under the influence of marijuana, it’s important that you contact an experienced marijuana DUI defense lawyer. We at the Law Office of James Novak, PLLC will help you in your time of legal need, offering expert legal counsel on your options.

With this in mind, we want to consider some of the challenges a person may face when crossing the border to Canada if he or she has a drunk driving conviction on their record. It’s not as simple as having a valid passport. As you’re about to read, these issues can be much more complicated than you expect.

Can You Be Denied Entry to Canada Due to Drunk Driving?

Yes.

While a single, first-offense DUI conviction may be okay, you could be denied entry into Canada because of a criminal conviction. Even if you do not intend to drive while in Canada, you may still be turned back at the border or unable to fly into the country because your DUI makes you criminally inadmissible to enter Canada.

Specifically with drunk driving, you will be denied entry into Canada if the nature of your crime in the United States could be, if committed in Canada, punishable by at least 10 years in prison. This covers all kinds of felonies and misdemeanors, and could include a DUI offense under certain circumstances. The older the DUI conviction, the greater chance you have of entering Canada with few problems.

Potential Differences Based on State the DUI Occurred

Since the US has different statutes and penalties from state to state, there’s an additional complication to consider. These state differences regarding DUI laws could make you more or less likely to be denied entry into Canada depending on which state your drunk driving conviction occurred.

This is why having a skilled drunk driving lawyer on your side is so helpful. They can assess your situation, and then consider solutions such those we’ll note below.

Temporary Resident Permit (TRP)

A temporary solution to these travel issues is applying for a TRP. This allows people to visit Canada for a specified amount of time as long as they have a valid reason to be in the country. TRPs can take time to obtain, so be sure to apply for one well ahead of your trip to Canada.

Keep in mind that if you plan to visit Canada again at a later time, you’ll need to apply for another TRP.

Criminal Rehabilitation

A permanent solution to these travel issues is applying for Criminal Rehabilitation. Essentially, this involves a person petitioning the Canadian immigration authorities to forgive their stateside DUI conviction and allow entry into Canada.

To be granted Criminal Rehabilitation, five years has to pass after the person has:

• Served their full time for the conviction
• Paid all penalties and fees
• Completed community service
• Fulfilled all conditions associated with the conviction

If Criminal Rehabilitation is granted, the person will not need to worry about being denied entry into Canada again.

Deemed Rehabilitation

Rather than petitioning for Criminal Rehabilitation, you could be deemed rehabilitated if you served your debt to society for your conviction, 10 years has elapsed since that time, and your criminal record is clean otherwise. In such cases, Canadian authorities may deem you rehabilitated and eligible to enter the country.

Learn More About the Challenges After Drunk Driving

For more information about penalties and difficulties you may face after a DUI conviction, be sure to speak with a skilled drunk driving lawyer. Our team will be here to offer insight and assistance during your time of legal need.

A number of people who come to the firm for legal help are facing their second or third DUI charge. Repeat drunk driving convictions can be very serious. We’d like to look at why right now.

Defining Multiple Convictions in DUI Cases

When it comes to multiple drunk driving offenses, there is a specified lookback period to consider. This lookback period is seven years. In other words, if you were convicted of a recent DUI, Arizona authorities will look back seven years at your record for any prior DUI convictions.

If there are no prior DUIs on your record, this will be listed as a first offense. If there are any prior DUIs listed within that seven-year lookback period, you will face harsher pennalties for being a repeat offender under Arizona law.

First Offense DUI

To provide some perspective on repeat drunk driving offenses, let’s cover some basics with regard to DUI penalties.

For a first offense DUI, drunk drivers can expect the following legal penalties:

• Minimum of one day of jail with a maximum of 10 days
• Base fine of $250
• License suspension of at least 90 days up to 360 days
• Installation of ignition interlock device (IID)

Second Offense DUI

For a second offense DUI, drunk drivers can expect the following legal penalties:

• Minimum of 30 days in jail with a maximum of 90 days
• Base fine of $500
• License suspension for one year
• Installation of ignition interlock device (IID)

Third Offense DUI

For a third offense DUI, drunk drivers can expect the following legal penalties:

• Minimum of four months in jail
• Base fine of $750
• License suspension for one year
• Installation of ignition interlock device (IID)

Dealing with Repeat DUI Convictions

As you can see, repeat DUI offenses result in an escalation of penalties, and they can have a major impact on your personal life and professional life. In addition to these base fine and jail time, the repeat DUI charges will have an impact on your auto insurance, and it could lead to major setbacks if you have certain career goals in mind, such as working for the city or in education.

How a DUI Defense Attorney Can Help

Everyone makes bad decisions or serious mistakes. In the case of repeat DUI charges, it’s important to have a skilled attorney who can guide you through the legal process and develop advantageous legal strategies. We will work to see if charges can be dropped or reduced, and we will examine any evidence regarding sobriety tests, impropriety by law enforcement, and potential false positives from forensic mistakes.

Working with an attorney can also provide you with insight on how to deal with life after a DUI conviction. We will be able to offer our honest opinion of your case and what to consider moving forward. This is the peace of mind that a lawyer can offer.

Learn More About Your Rights in Drunk Driving Cases

If you or a loved one has been charged with drunk driving on multiple occasions and you would like more information on your legal rights, be sure to contact an experienced DUI defense attorney about your case. We at The Law Office of James Novak will work with you an address all of your legal needs.

Many clients who come to us have questions about the cost of a DUI offense. We’d like to look at some of the fines and monetary penalties that are attached to a drunk driving arrest.

The Fines for DUI Arrests in the State of Arizona

DUI fines in the state of Arizona vary based on the number of offenses currently on your record. However, in the state of Arizona, even a first offense comes with a $1,250 fine and potentially 10 days in jail. Additionally, for a first offense, you may also face mandatory alcohol and drug education, an ignition interlock for every one of your vehicles, and/or community service. Any costs will be shouldered by the person charged with DUI.

For a standard second offense, the DUI fines in Arizona would increase to $3,000 and a mandatory 90 days in jail.

Extreme DUI in the State of Arizona

In the state of Arizona, DUI offenses can also be tiered based on severity. A more severe DUI offense is referred to as an Extreme DUI.

An Extreme DUI is determined based on your blood alcohol content (BAC). For a DUI to be considered extreme, your BAC would have to be 0.15% or higher.

For your first Extreme DUI in the state of Arizona, you would be facing a fine of $2,500 (or more, depending on the severity) and 30 days in jail. For your second infraction, you would face a fine of $3,250 and a minimum of 120 days in jail.

In addition to all of these fines and penalties, you would also be subject to mandatory alcohol and drug education, an ignition interlock for every one of your vehicles, and/or community service.

Aggravated DUI in the State of Arizona

The most severe form of DUI in the state of Arizona is referred to as Aggravated DUI.

To be considered an Aggravated DUI, the driver would be operating his or her motor vehicle with a driver’s license that has been suspended, revoked, or canceled. Additionally, after your third DUI offense (either Extreme or Standard), you immediately become subject to the penalties associated with an Aggravated DUI. Additionally, if you commit DUI in the state of Arizona with a passenger that is 15 years old or younger, you immediately become subject to the penalties associated with Aggravated DUI.

For a first offense of an Aggravated DUI, you will likely be sent to prison for 2 years. Additionally, your driver’s license will be revoked for at least 3 years (if it hasn’t been revoked prior to your Aggravated DUI). As you would face with either an Extreme or Standard DUI, you would also face mandatory alcohol and drug education, an ignition interlock for every one of your vehicles, and/or community service.

A Criminal Defense Attorney Is Crucial

Given the costs involved and the other penalties associated with the DUI charge, it’s important that you have a skilled attorney on your side. We will work to ensure that you receive a fair hearing and that penalties, fines, and other matters are considered carefully, fairly, and with due diligence.

Speak with Our Drunk Driving Defense Legal Team Today

If you or someone that you love has been arrested for drunk driving, be sure to contact our DUI and criminal defense attorneys today. We are here to make sure the system works by providing you with a vigorous legal defense.

At this time, we would like to look at various fines that are associated with drunk driving arrests and what those will mean for you.

Are fines common with drunk driving arrests?

Yes. Fines are a mandatory part of any drunk driving conviction, whether it’s a first offense or third offense. Below we have looked at the fines associated with drunk driving arrests so you understand what is at stake.

Fines Associated with a First Offense DUI

The following fines are associated with first offense DUIs:

• $250 – Base fine for DUI arrest
• $200 – Arizona DUI surcharge
• $10 – Surcharge for probation
• $500 – Prison construction assessment
• $500 – Arizona Xtra DUI assessment

Fines Associated with a Second Offense DUI

A second DUI offense is any drunk driving arrest that occurs within 7 years of the previous arrest. Penalties are more severe for second offenses as seen below:

• $500 – Base fine for DUI arrest
• $400 – Arizona DUI surcharge
• $10 – Surcharge for probation
• $1,250 – Prison construction assessment
• $1,250 – Arizona Xtra DUI assessment

Fines Associated with a Third Offense DUI

Third offense DUI refers to a third drunk driving arrest in a 7-year period. As with the second offense DUI, the penalties for a third offense are much more serious:

• $750 – Base fine for DUI arrest
• $600 – Arizona DUI surcharge
• $10 – Surcharge for probation
• $1,500 – Prison construction assessment
• $1,500 – Arizona Xtra DUI assessment
• $250 – DUI abatement fee

A Word on Extreme DUI Arrests and Convictions

Extreme DUI convictions refer to arrests in which a person has a blood alcohol content of 0.15 or greater. The penalties for extreme DUI arrests are more serious simply given the amount of alcohol in the person’s system.

With regard to fines, first-time extreme DUI convictions include a base fine of $250 plus a surcharge; a second-time extreme DUI conviction (within 5 years of the first) will involve a $500 fine plus a surcharge.

How Our Attorneys Can Help You

By speaking with our DUI defense attorneys, you will be able to receive strong counsel with regard to all of your legal options. We will make sure that you receive a fair shake from the law and will assist you with any questions that you make have about the process from beginning to the end. We are here for you when you need us most.

Learn More About DUI Defense Options

For more information about your DUI defense options and how our legal team can help you, be sure to contact our Tempe, AZ DUI defense attorneys today. The entire team here looks forward to meeting you in person and helping you make the best possible decisions in your time of legal need.