What to Expect With a 2nd DUI Offense in Arizona

When you commit a 2^nd 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 2^nd 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 2^nd 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 2^nd 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

Robert A Dodel, Attorney At Law
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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

Robert A Dodel, Attorney At Law
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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.
The following blog post Drunk Driving vs. Marijuana DUI: What to Expect See more on: Law Offices Dodell

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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.
What to Expect with 3 or More DUI Offenses in Arizona Find more on: Law Offices Dodell

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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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What To Do When Charged With A Dangerous Offense In Arizona

The legal system is challenging to navigate, even under the very best of circumstances. If you have been charged with a dangerous offense, you need to find an experienced legal defense like Robert A. Dodell, Attorney At Law, to represent you. At Robert A. Dodell, Attorney At Law, we are dedicated to helping folks like you during these troubling times. There are several things that must be handled in order to ensure the best outcome possible. From the moment you are contacted by the authorities until your trial is over, you need to have a professional lawyer by your side. Don't answer any of the questions posed to you by officers of the law, no matter what agency they work for. No matter how guilty or innocent you are of the charges, the information provided can be used against you. Not only does this include anything that you say after your rights have been read, but also before. Remember that the cops are taking notice of every word you say, looking for anything that will further incriminate you. By law you are entitled to speak to an attorney.. It is important that you begin taking steps to retain an attorney immediately. Take the opportunity to call an attorney immediately. Ideally you will have your own attorney when you walk in front of the judge to be arraigned. In most cases the State attorney will request that dangerous offenders remain behind bars while awaiting trial. An attorney can advocate for you to be released. There are several additional factors that your lawyer can bring up to support the request. If you have a job, family and responsibilities within the community, you are less of a flight risk. Also, if this is your first offense, the judge is more likely to release you on without a bond. Whether you are waiting out your time behind bars or have been allowed to go about your daily routine, don't discuss the case with other people. You don't want to inadvertently share something that could hurt your case further down the line. Also, you should do everything possible to stay out of trouble while awaiting trial. Stay away from illegal activities, and quit using any illegal recreational substances. You should be a model citizen or it is possible that you will end up in jail again. Make sure that you follow through with their instructions, such as not connecting the victim, returning to the scene of the crime and staying within the State. Your attorney can advise you of any other important factors that could help you case. At Robert A. Dodell, Attorney at Law, we will advise of you of everything needed to help your case reach the best outcome possible. It is important that you don't panic when you have been charged with a dangerous offense. Remember that the cops initially charge folks with the steepest charges possible. This allows for more negotiating room between the attorneys on both sides. A good lawyer can get some of the charges reduced or dropped, which means less penalties for you. Your attorney might even find enough evidence to have the entire case tossed out of court. Yes, being charged with a dangerous offense can be frightening. However, you don't have to let that overwhelm you. Robert A. Dodell, Attorney At Law, is here to help guide you through the entire process. If you need immediate legal assistance with a dangerous crime offense/charge, contact us today for a free initial consultation for your case.
The post What To Do When Charged With A Dangerous Offense In Arizona was originally published to www.azcrimlaw.com

Robert A Dodel, Attorney At Law
10601 N Hayden Rd, #I-103
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Under The Age of 21 DUI Defense?

What Happens When An Individual Under The Age Of 21 Gets A DUI?

Underage drinking is something that continues to make its way onto the roads and it's important to have a good understanding of what Arizona does about it. In general, each state will have varying regulations when it comes to underage drinking, how it's regulated, and what the consequences are of being charged. Here is a look at the consequences a person under the age of 21 can face for having any amount of alcohol in their system while driving a motor vehicle.

What is a DUI?

A DUI Alcohol refers to "Drinking Under the Influence" and is measured based impairment to the slightest degree and on the individual's blood alcohol content at the time of their test. The test is conducted by a licensed officer after the driver has been stopped and there are specific protocols for how it's to be conducted. There are several levels to the DUI charge and it will vary from person to person based on what's happened at the time of their charge.  

Arizona Laws on Age for DUIs

Underage drinking remains a common occurrence in Arizona.  Recent research into the prevalence of underage drinking in Arizona with over 40% of all underage individuals consuming alcohol at one time or another. A good portion of these individuals are prone to get behind the wheel. In such circumstances, it's important to have a deeper understanding of relevant legalities and what court proceedings can encompass when a DUI is involved for a person under the age of 21. For adults over the age of 21, the established BAC or "Blood Alcohol Content" is set at 0.08 percent. However, for individuals under the legal drinking age of 21, the blood alcohol content is set at 0.00%. Yes, this means any level of alcohol in the bloodstream is illegal if the underage person is behind the wheel. Please note, the harshness of each penalty is going to vary depending on the individual's age, past history, and amount of alcohol in the system when recorded. These variables will be noted down and taken into account during various stages of the process including the court case. Since Arizona has a zero-tolerance policy, this means the initial penalties can be hefty even if the individual has a clean record. Individuals can be charged with up to six months in jail, probation, time spent in a driver's education course, class 1 misdemeanor, fines/court costs up to $2,000, and additional penalties based on the case's details. All of this is mentioned at the time of the hearing and it's something to keep note of while defending a DUI charge. For those that are facing second time DUI charge, the penalties will be harsher as this is a repeat offense while being underage. In some cases, the fines and penalties will double and it's up to the judge's discretion at the time of the hearing. In addition to the criminal penalties, adults under the age of 21, are often charges with a Title 4 Alcohol Offense, Minor Driving with Alcohol.  The penalty for this is typically a fine, but MVD will suspend the adult's driver license for two years, even though this could be beyond the 21st birthday. If an individual is in a situation such as this, it's best to have a qualified DUI defense professional on hand to help out and make sure the case is presented appropriately. This is the best way to avoid facing harsher consequences and make sure a fair verdict is achieved. For more information on Arizona's DUI regulations and potential age-based liabilities, please take the opportunity to call in and speak to a DUI lawyer from Robert A. Dodell, Attorney at Law. This law firm is ready to provide wholesome assistance as soon as the first meeting begins and will continue to do its due diligence based on what a client requires. It's important to take clear action and have a proven defense lawyer for DUI cases.
Under The Age of 21 DUI Defense? was first published on www.azcrimlaw.com Robert Dodell Law 

Robert A Dodel, Attorney At Law 

10601 N Hayden Rd, #I-103
Scottsdale, AZ 85260
(480) 860-4321
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