DUI Lawyers,,DUI Laws,Penalties

Archive for September, 2009

Phoenix, Arizona – The new Arizona DUI Laws quietly took effect on September 26, 2008. The revised law has been so quiet that it has gone all but unnoticed in the media.

The new law piles on the amount of jail time for a first conviction for extreme DUI. Under the old law, a person convicted of having an alcohol concentration of .150 or greater would be sentenced to at least 30 days in jail. Of the 30 days, all but 10 days in jail could be suspended. This was the sentence that most people would get. No longer.

Now, under the new law, Judges are powerless to suspend any of the 30 day sentence. This means that the minimum jail sentence a person convicted of extreme DUI in Arizona will get is 30 days.

For second offense convictions it gets even worse. Now a judge must put the second offender in jail for 120 consecutive days. The Arizona legislature simply eliminated a judge’s ability to suspend 60 days.

Many believe that the reason for the legislature’s action is that they simply don’t trust judges to do what will make state politicians look good, especially in an election year.

Not only does this mean more people will be doing more time in jail, it also means that the system will be further burdened. In an already crowded criminal court system, DUI lawyers will have to fight more cases to help their clients avoid a jail sentence that can be life-altering to say the least.

Time will tell whether these new Arizona DUI penalties are effective at reducing the numbers of drunk drivers and DUI related accidents. One thing is for certain, it is not good to be charged with DUI in Arizona, especially in an election year.

“United States began to toughen their law for DUI in response to public outcry. Today, it is not necessary that a person be “”drunk”" to receive a DUI citation in las vegas. If your breath or blood test shows an alcohol concentration of .08% or more within TWO (2) hours of operating the vehicle, you are presumed to be too intoxicated to safely drive within the State of Nevada. You may not think that you are intoxicated and those around you may not think that you are intoxicated. However, you may be considered intoxicated for any the purpose of driving. That is, you may have enough alcohol and/or controlled or prohibited substances in your system to be considered too intoxicated to drive. If you are convicted ,you will suffer harsh penalties.

DRIVING SYMPTOMS OF “”DUI”": The list of symptoms which follow include the probability that the driver is intoxicated. For example, the research indicates that the chances are 65 out of 100 that a driver who is straddling a center or lane marker has a blood-alcohol concentration of .10 percent or higher (the research was conducted before blood-alcohol levels were dropped to .08 percent).

*Turning with Wide Radius 65, * Straddling Center or Lane Maker 65, * Appearing to be Drunk 60, * Almost Striking Object or Vehicle 60, * Weaving 60, * Driving on Other Than Designated Roadway 55, * Swerving 55, * Slow Speed (more than 10 mile per hour below limit) 50, * Stopping (without cause) in Traffic Lane 50, * Drifting 50, * Following Too Closely 45, * Tires on Center or Lane Maker 45, * Braking Erratically 45, * Driving Into Opposing or Crossing Traffic 45, * Signaling Inconsistent with Driving Actions 40, * Stopping Inappropriately (other than in lane) 35, * Turning Abruptly or Illegally 35, * Accelerating or Decelerating Rapidly 30, * Headlights Off 30

Penalties for Drunk Driving in Nevada:

A first-time offender faces up to six months in jail or up to 96 hours of community service while dressed in distinctive garb that identifies the offender as a violator of Nevada DUI law. A first-time offender is also subject to a fine ranging from $400 to $1,000. These offenders must also pay for and attend an education course on alcohol abuse. The driving license revocation period is 90 days. First-time offenders with a “”BAC”" of .18 or greater will be placed in an alcohol treatment facility for up to one year.

A person who commits a second “”DUI”" within seven years of the first conviction faces up to six months in jail or six months in residential confinement, which is the equivalent of house arrest. These offenders are also subject to pay a fine between $750 and $1,000 or perform an equivalent numbers of hours of community service while dressed in distinctive garb that identifies the offender as having violated Nevada DUI laws. Second-time offenders will also be placed in an alcohol treatment facility for up to one year. The driving license revocation period is one year.

A person who commits a third “”DUI”" within a seven-year period faces one to six years in prison and must pay a fine of $2,000 to $5,000. The driving license revocation period is three years.

Survival Tips:

Do not answer any questions other than name and address.

Do not agree to perform roadside tests.

Do not agree to have your eyes tested.

Do not agree to blow into a handheld breath tester.

Do consent to a breath or blood test, if you are asked to take one.

Be polite. Produce requested documents.

It is very important that you share with your attorney ALL of the details and facts about your case, and that you give him or her the TRUTH.

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