Drunk Driving vs. Marijuana DUI: What to Expect

Driving While Under the Influence of Alcohol and Marijuana DUI are typically grouped under the umbrella DUI offense together with drive a blood alcohol level of .08 and above; impaired to the slightest degree. With the legalization of medical marijuana in Arizona, having a medical marijuana card is no guarantee that you will not serve jail time if you are found guilty of driving under the influence of marijuana. Driving while intoxicated and driving under the influence of drugs like marijuana are serious offenses and should not be taken lightly. For one, you may face jail or even prison time. Thus, when charged with DWI or DUI, it is best that you have excellent legal representation to help you get the best possible results.

Drunk Driving versus High Driving

Both drunk driving and marijuana DUI are illegal, although some changes to the DUI law were implemented with the recent legalization of medical marijuana in some states in the US, including Arizona.  

Measuring Blood Alcohol Levels and Marijuana Usage

If a police officer suspects your driving is impaired due to excessive alcohol consumption, you will likely be requested to undergo a breathalyzer test or a blood test to determine the alcohol level in your system. If a police officer pulls you over, suspecting that you may be driving under the influence of drugs like marijuana, the arresting officer will likely ask you to undergo a blood test or a urine test to determine the what drugs are in your system. The tests are used to determine the presence of meth, marijuana, cocaine, methadone and even prescription drugs.  

Instances That May Merit a DUI Charge

According to statistics, for every 50 people arrested for drunk driving, 1 arrest for marijuana DUI is made. So, what will get you arrested for DUI? You may face a DUI charge if the following factors are present:

• You are in control of a motor vehicle, even if you are currently not driving it
• If the level of alcohol found in your system is at least 0.08% (0.04% if you are driving a commercial vehicle
• If you are noticed to show signs of impaired driving.

 

Penalties for DUI/DWI in Arizona

In Arizona, your driving history and the circumstances that surround your DUI/DWI case will determine the appropriate penalties. Conviction may come with fines, jail time, license suspension or revocation, and completion of an alcohol or drug addiction treatment program. Following are some additional information about DUI/DWI in Arizona.

• Standard DUI – This involves driving with a BAC of at least 0.08% (0.04% for commercial vehicles). A first-time DUI offender faces a jail term of 10 day, but 9 days may be suspended, fine and fees of approximately $1500, and compliance to the interlock requirement on your car’s ignition. You must also complete an alcohol and drug screening, education, and treatment program. Stiffer penalties are imposed for subsequent convictions. Read more on standard/misdemeanor DUI's
• Extreme DUIs – You will be charged for extreme DUI if you have a BAC greater than .15%. A first-time DUI offender faces a jail term of 30 days, but 21 days may be suspended. Of the 9 days in jail, 7 may possibly be done on home detention. Fines and fees of approximately $2800, and compliance to the interlock requirement on your car’s ignition. You must also complete an alcohol and drug screening, education, and treatment program. Stiffer penalties are imposed for subsequent convictions. Read more on Extreme DUI's
• Extreme DUIs – You will be charged for extreme DUI if you have a BAC greater than .20%. A first-time DUI offender faces a jail term of 45 days, but 31 days may be suspended. Of the 14 days in jail, 11 may possibly be done on home detention. Fines and fees of approximately $3200, and compliance to the interlock requirement on your car’s ignition. You must also complete an alcohol and drug screening, education, and treatment program. Stiffer penalties are imposed for subsequent convictions. Read more on Extreme & aggravated DUI's
• Aggravated DUI – These are felonies and the penalties for include prison time on a first offense. You can get an aggravated DUI charge if:
  • Alcohol has impaired your ability to driving to the slightest degree or the BAC exceeds the legal limits; and
  • You license is currently revoked, cancelled, or suspended, or
  • It is your third DUI charge within a period of 84 months.

  When facing a DUI charge in Arizona, contact Robert A. Dodell, Attorney At Law to get the best possible legal representation for your case.
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What to Expect with 3 or More DUI Offenses in Arizona

Have You Been Charged With More Than One DUI?

In Arizona, it is unlawful to drive or have physical control of a motor vehicle if you are under the influence of drugs or alcohol. A first or second DUI conviction in Arizona already comes with serious consequences, more so if it is already your third or more verdict within 7 years of a previous conviction.

You can be convicted of a DUI offense in Arizona if you drive under the following conditions:

• Impaired by alcohol or drugs to the slightest degree
• Blood alcohol concentration or BAC of at least 0.08%
• With any volume of a type of drug or metabolite in the body
• Driving a commercial vehicle with at least 0.04% BAC

A first and second offense is considered a Class 1 misdemeanor. However, a third DUI conviction within 7 years becomes a Class 4 felony.  

Administrative Penalties

The Motor Vehicle Division of Arizona’s Department of Transportation imposes administrative penalties for a DUI arrest. These penalties apply even if the case is dismissed later. These include:

• License suspension for at least 90 days – The penalty is meted to motorists caught with at least a BAC of 0.08% (0.04% for commercial drivers) within 2 hours of driving or having actual physical control of a vehicle.
• A 1year administrative suspension and completion of alcohol and drug screening – The suspension is imposed on motorists who refuse to undergo a chemical test such as a blood or breath test. A 2 year suspension of driving privileges faces motorists for refusing to take a test for the second time. You will then be required to complete alcohol and drug screening after the suspension to get your license back. You may challenge your administrative licence suspension within 15 days after your arrest by requesting for a hearing.
• A 1 year administrative revocation with a felony conviction. In order to get a revoked license reinstated, the driver must undergo a revocation investigation from the Motor Vehicle Division.

 

Criminal Penalties

The court imposes criminal penalties for DUI convictions. A third DUI comes with a minimum prison term of 4 months before placed on probation. You will also be required to pay fines and assessments of at least $4,700. If  convicted of an alcohol-related DUI, the 24-month ignition interlock device is requirement after reinstatement of the driver's license after the completion of the revocation. Your vehicle may also be forfeited if you owned the car you were driving when you were caught driving under the influence.  

License Revocation and Reinstatement

When your driver’s license is revoked as a result of a 3^rd DUI conviction, there is no automatic reinstatement of your driving privileges after one year. You need to complete an investigation packet first. This includes:

• Revocation Certificate – The certificate indicates whether or not you’re presently employed, any traffic violations committed during the last 12 months, and current attendance or completion of alcohol or drug treatment/education programs.
• Compliance Statement – The compliance statement issued by the sentencing court would indicate if you’ve met the treatment or screening requirements ordered by the court.
• Recommendation from Health Professional – The recommendation involves a review of your revocation certificate and the compliance statement by a health professional.

Aside from the packet, you must provide an SR-22 or evidence of your future financial responsibility to the MVD. The MVD will then review your case based on your provided information. Their final decision will be relayed to you in writing.   If you have been apprehended for a DUI offense, especially if it is your third or more, you need to immediately get in touch with an experienced DUI attorney. Robert A. Dodell, Attorney At Law, can help you get through the complex process of the DUI laws in Arizona.
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Is It Ever Legal To Shoot a Trespasser

When Is It Legal to Shoot a Trespasser?

In general, property owners in Arizona are not allowed by law to employ deadly force in protecting their properties from trespassers. They may, however, use their guns to shoot at intruders in self-defense. This may only be applicable if they fear for their lives or if they believe that the intruder is capable of inflicting serious bodily harm, and is about to do so. Simply put, shooting at a trespasser can be considered a legal gamble because you can still potentially be held civilly or criminally liable if you are proven to have crossed the line. Thus, if you find yourself in a similar situation, it is best that you immediately seek the help of a competent and experienced criminal defense lawyer in Arizona like Robert A. Dodell, Attorney At Law.  

The Self-Defense Law in Arizona

In the state of Arizona, you are justified if you threaten or actually use physical force in defending yourself against someone else to such an extent that any reasonable person would be convinced that force is necessary for your immediate protection. If another person is attacking or punching you, for example, you are allowed to use force just to stop the other person from hurting you. The physical force must be just enough to keep you from sustaining more harm. It would be unlawful if you keep punching the other person even after the threat of physical harm has stopped. You are likewise justified if you threaten or use deadly physical force on another person in situations where any reasonable person would be convinced that the deadly force is necessary for your immediate protection. If somebody threatens you with a gun or knife, for example, you can use a certain level of physical force that may be enough to kill the other person to stop him from hurting you. Prosecutors and police officers consider a lot of factors when deciding if using deadly force is justifiable in case of self-defense in a trespassing situation. To put it simply, the use of force is justified if any reasonable person will believe that it was necessary to use deadly force for protection.  

Limitations on Claiming Self-Defense

Arizona laws allow proportional and reasonable self-defense, and the “stand your ground right.” However, there are several limitations to this provision, including:

• Verbal Provocation - The self-defense claim is not applicable if there is only verbal provocation. You cannot use physical if someone is swearing at you, or calling you insulting names. You can’t retaliate with physical force or threaten violence.
• Resisting Arrest – You can’t claim self-defense when resisting arrest done by a person in authority – even if you are not guilty of the charge. There is one exception, and that is when the arresting officer is using excessive, unreasonable, and unlawful force.
• Provoking the Initial Encounter – One key self-defense element is to be free from fault in triggering the situation that resulted to the use of deadly force. The only exception is if the other party continues to use physical force on you even if you have withdrawn from the encounter, which was clearly communicated to the other party.
• No Immediate Need to Use Force – There must be a threat against your person at the present time, and not several minutes, an hour, or a day ago.

  Stand your Ground and Self-Defense is very fact specific. One has to be very careful how they react to a crime, since it is possible to be charged with a crime oneself. When faced with criminal charge, you should immediately contact Robert A. Dodell, Attorney At Law for a free consultation and legal representation. This way, you are guaranteed the best possible defense for your particular case.    
Is It Ever Legal To Shoot a Trespasser is republished from www.azcrimlaw.com robert a dodell attorney

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