Articles Posted in Penalties

When thinking about the possible consequences of an Arizona DUI conviction, the most commonly feared repercussions involve infringements on your freedom, such as jail time, probation, or the suspension of your driver’s licenses. However, Arizona DUI offenses carry a host of other collateral consequences that can also have a significant impact on your life. One common question facing those who are arrested for DUI offenses involves the impact a conviction could have on their ability to obtain or maintain custody of their children. While a conviction alone is not likely to result in someone losing custody of their children, it can play into the court’s decision.

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.

For those facing Arizona DUI charges, it is crucial to understand what they are up against before deciding how to proceed. An Arizona DUI conviction can carry severe penalties, including jail time. These penalties can increase significantly based on the existence of certain aggravating factors. The following article provides an overview of the potential short-term and long-term legal consequences of a DUI conviction.

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.

Continue reading

Given the manner in which Arizona DUI laws are written and enforced, most people who are arrested and charged with an Arizona DUI offense have no idea that they were over the legal limit or were still under the influence of an intoxicating substance. Thus, the fact that Arizona has one of the strictest – if not the strictest –penalty schemes for driving under the influence creates a situation where a motorist may face severe consequences for violating a law they never knew they were breaking.

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.

Continue reading

Here at The Law Office of James Novak, we help numerous people in the greater Phoenix area who have been charged with drunk driving. Our DUI defense strategies will note all aspects of your arrest, always striving to ensure fairness and that your Constitutional protections are not violated.

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

Drunk driving penalties need to be taken very seriously. Jail time, license suspension, fines, and other setbacks will have a marked affect on your life and even your livelihood. It's important that you speak with skilled DUI attorneys following a drunk driving arrest. By doing this, you can fight to have penalties reduced and possibly even have your case reconsidered if the arresting officer violated your rights.

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?