Arizona is notorious for their zero-tolerance policy against drunk driving. With some of the harshest punishments and jail time served outside in the state's heat, how do lawyers defend their clients?
Notorious for severe drunk driving punishments, Arizona is a no-tolerance state meaning drivers can be arrested for a blood-alcohol content (BAC) below 0.08, the legal limit, even if the driver is of drinking age. The state recognizes three types of DUIs: standard, extreme, and super extreme. The charge brought upon the driver is based upon their BAC and any prior offenses.
Prominent Phoenix DUI lawyer and author of “Your Step by Step Guide to Navigate a DUI” Scott Stewart breaks down Arizona’s criminal sentencing and some of his top defense strategies for the accused.
DUI Penalties
While various factors unique to the driver’s case may alter the court’s punishments, these are the general punishments mandated by law. If a driver does not hire a lawyer and pleads guilty this will be their sentence more likely than not.
Standard DUI: 0.08+, First Offense: Those found guilty will spend 10 days in jail and pay approximately $1500 in fines plus jail costs and a $80 monitoring fee. All driver’s licences will be suspended for at least 90 days or a 1-year revocation and they must complete screening and counseling for drunk driving. After their suspension is complete, driver’s must have an interlock installed in their vehicle for a full year (this also comes with an installation and monthly fee).
Standard DUI: 0.08+, Second Offense: If found guilty again, jail time jumps to 90 days but offenders may be eligible for home detention after six days. Fines increase to around $3,5000 plus jail/home detention costs and the same monitoring fee. Screening and counseling must also be completed again, interlock for an additional year (after 1-year revocation of license) and 30 hours of community service.
Extreme DUI: 0.15+, First Offense: The guilt will face 30 days in jail, eligible for home detention after two days, $2,780 in fines plus jail/home detention costs and a $80 monitoring fee, a 90-day suspended driver license, 12 months using the interlock and must complete the screening and counseling classes.
Extreme DUI: 0.15+, Second Offense: For second time offenders, jail time increases to 45 days with eligibility for home detention after 3, $3,740 in fees plus jail and monitoring costs, counseling, 1-year revocation of driver’s license and 30 hours of mandatory community service.
Super Extreme DUI: 0.20+, First Offense: The higher the BAC, the higher the punishment- guilty will serve 180 days in jail with possible home detention after 36, about $3,240 in fees plus jail and monitoring costs, screening and counseling classes, a 90-day suspended driver’s license and 18 months using the interlock system.
Super Extreme DUI: 0.20+, Second Offense: The guilty will spend 180 days in jail with home detention eligibility after 36 days, around $4,650 in fees plus jail and monitoring costs, screening and counseling classes, 1-year revocation on their driver’s license, 30 hours of community service and use the interlock system for 2 years.
DUI Defense Strategies for the Courtroom
No Probable Cause for a DUI Stop or Arrest Defense
Officers must have probable cause to detain and arrest someone for a DUI, meaning they must have: reasonable suspicion, articulation of said suspicion, and establish probable cause for arrest. Reasonable suspicion is legally met after any traffic violation, with sobriety checkpoints as the only exception. After the stop, the officer must tell you of the traffic violation and articulate why he suspects drunk driving- before asking you any questions. But Stewart also advises the officer’s observations may be enough to establish probable cause including alcohol in the car; red, water, or glassy eyes; slurred speech; or the smell of alcohol. The final responsibility of the officer is to establish a reason for arrest, often through failed field tests, breathalyzer tests, and confessions.
Unlawful Field Sobriety Tests
In administering a field sobriety test, Arizona officers follow guidelines outlined by the National Highway Traffic Safety Administration (NHTSA). As a seasoned Phoenix drunk driving attorney, Stewart says all attorneys should first see if their clients fall under any of the NHTSA’s directions that disqualify a driver from a field test:
No Actual Physical Control Defense
In Arizona, driving while intoxicated is legally translated to mean the suspect is physically controlling the car. If a driver has pulled over because they are too drunk to drive but the car remains running, for example, an officer that arrives on scene later can not arrest the driver for a DUI. Why? This scenario legally indicates someone who is not physically controlling or driving the car at the time of the stop.
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