Monday, August 20, 2018

What to Expect With a 2nd DUI Offense in Arizona

When you commit a 2nd DUI offense within 7 years of a previous conviction in Arizona or any other state, you can expect to receive a harsher punishment than your first offense. Arizona outlaws driving or having physical control of a motor vehicle while intoxicated or under the influence of drugs. You can be charged with a DUI if you are found driving:

  • While impaired to the slightest degree by alcohol or drugs
  • With a BAC of at least 0.08% within 2 hours of driving; 0.04% if driving a commercial vehicle
  • With any amount of drugs or metabolites in your system
In general, you will be slapped with a Class 1 misdemeanor if you commit any of the offenses above for the 2nd time.

Criminal Penalties You May Be Facing

Standard 2nd Offense (BAC above .08, but less than .15)

The court imposes criminal penalties for DUI convictions. Criminal penalties for a 2nd DUI conviction include the following: Standard second DUI – A class 1 misdemeanor, it includes a jail term of 90 days, 60 days which are suspended with the completion of an alcohol or drug program. Of the 30 day jail term, 80% of the sentence may be able to be done on home detention. Therefore, there is 6 days of actual jail time.
  • Assessments and fines of approximately $3,400, not including jail cost.
  • MVD will impose a 1-year revocation of driving privileges. It may be possible a restricted license after 45 days with the installation of a "special" Ignition Interlock Device. There is a 1 year Ignition Interlock requirement after that.
  • You must also render community service of 30 hours.
 

Second Extreme DUI (BAC .15, but less than .20)

This is a Class 1 misdemeanor that comes with a jail term 120 days. Of the 120 day jail term, 80% of the sentence may be able to be done on home detention. Therefore, there is 24 days of actual jail time.
  • Assessments and fines of approximately $3,700, not including jail cost.
  • MVD will impose a 1-year revocation of driving privileges. It may be possible a restricted license after 45 days with the installation of a "special" Ignition Interlock Device. There is a 1 year Ignition Interlock requirement after that.
  • You must also render community service of 30 hours.

Second Super Extreme DUI (BAC of .20 or above)

This is a Class 1 misdemeanor that comes with a jail term 180 days. Of the 180 day jail term, 80% of the sentence may be able to be done on home detention. Therefore, there is 36 days of actual jail time.
  • Assessments and fines of approximately $4,600, not including jail cost.
  • MVD will impose a 1-year revocation of driving privileges. It may be possible a restricted license after 45 days with the installation of a "special" Ignition Interlock Device. There is a 2 year Ignition Interlock requirement after that.
  • You must also render community service of 30 hours.

"Special" Interlock Device - Restricted Driver’s License

If you get a license suspension for a 2nd DUI conviction, you may be given a "special" interlock device, that allows for restricted driver’s license. This license will allow you to drive a car to and from school, work, and alcohol/drug treatment centers. It will depend on the kind of your DUI conviction. In general, these involve:
  • Completion of the 45-day license revocation period
  • Completion and proof of a drug/alcohol screening
  • Proof of IID installation
  • Proof of MVD financial responsibility
The MVD can still deny you of the restricted license even you comply with all the requirements. A second offense DUI is a complicated process. It is possible to fight these cases. Protect your rights. Protect your driver's license. Contact an experienced Arizona DUI lawyer like Robert A. Dodell, Attorney At Law, right away to help you go through the complex process of the Arizona DUI law.

What to Expect With a 2nd DUI Offense in Arizona is republished from www.azcrimlaw.com – RobertDodell What to Expect With a 2nd DUI Offense in Arizona first appeared on:

DUI Attorney Scottsdale - Criminal Lawyer - Serving Tempe & Mesa, AZ | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Thursday, August 9, 2018

Sobering Up By Sleeping in the Car

So, can a person be arrested for sleeping off intoxication in the car? The simple answer is yes, you can be charged for impaired driving – even when you are not even driving your car when apprehended. How is this possible? When a police officer finds you in the driver’s seat of your car, and suspects that you’ve had a bit too much to drink, impairing your ability to drive properly, you will be investigated. You can be arrested for DUI even if you are just sitting in the front seat or even when sleeping in the backseat to sober up. This is because of the care and control principle.  

Actual Physical Control Principle

The Actual Physical Control principle basically presumes you can drive your car while intoxicated. If you are found in the driver’s seat, the assumption is you’re in control of the vehicle – even if the keys aren’t in the ignition or you don’t own the car. You can be charged and will have to fight this at your trial. You would need to convince the judge or jury that you weren’t in the driver’s seat to drive. A lot of people are not aware of this. People who have experience getting arrested for sleeping in their parked car will discourage you not to be caught sleeping in your car parked in a watering hole’s parking lot - in the wee hours of the morning - and visibly in no condition to drive. You can still get arrested this way. You may think that you are free from arrest by sitting in the back, and not in the front seat of your car. The arresting officer can establish Actual Physical Control on your part if there is a threat or danger of the vehicle and the occupants, including the danger of the vehicle being set into motion or other kinds of similar risks. In determining whether you are in actual physical control, the judge or jury will consider the totality of the circumstance shown by the evidence and whether your current or imminent control presents a real danger to you or others. Factors to be considered might include:
  1. whether the vehicle was running;
  2. whether the ignition was on;
  3. where the ignition key was located;
  4. where and in what position you were found in the vehicle;
  5. whether you were awake or asleep;
  6. whether the vehicle’s headlights were on;
  7. where the vehicle was stopped;
  8. whether you had voluntarily pulled off the road;
  9. time of day;
  10. weather conditions;
  11. whether the heater or air conditioner was on;
  12. whether the windows were up or down;
  13. any explanation of the circumstances shown by the evidence.
And this list is not meant to be all-inclusive.   Each DUI case is decided based on the facts and circumstances surrounding each particular case. Thus, it is a good idea to get the services of a competent and experienced DUI lawyer like Robert A. Dodell, Attorney At Law, when facing a similar case in Arizona. This way, you can be sure that all aspects of the case are considered, so you can come up with the best possible defense.

Sobering Up By Sleeping in the Car was originally published on call Robert A. Dodell at (480) 860-4321 Sobering Up By Sleeping in the Car first appeared on:

DUI Attorney Scottsdale - Criminal Lawyer - Serving Tempe & Mesa, AZ | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m