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Scottsdale DUI Lawyer: Signs and Symptoms of Impairment: What Does An Officer Look For?

Posted on February 19, 2012 by in DUI Law

Once and officer has lawfully stopped a driver, he can do “preliminary” investigation to check for DUI or any other crime as long as he has reasonable suspicion. The officer can question the driver and will listen for statements that are signs of a possible DUI. During this traffic stop and preliminary investigation an officer can also conduct coordination tests, called Standardized Field Sobriety Tests and the results of these tests can help establish probable cause to arrest the driver for DUI. The three main tests which are advocated by the National Highway Traffic Safety Administration (NHTSA) are the HGN (horizontal gaze nystagmus), the walk and turn, and the one-leg stand. A driver may be asked to perform additional tests, but only these three tests are supported by scientific research.

It is important to know that a driver does NOT need to submit to any field sobriety tests. In fact, attorneys generally advise people not to submit to any field testing. The tests are structured to measure divided attention and have very specific instructions. Any deviation from any instruction will be used against the driver.

In addition to questioning and field sobriety tests, officers will make observations about behavior, lack of coordination, physical appearance and other details that can lead to a conclusion of possible impairment by alcohol or drugs. Some things that officers commonly list in their police reports are: bloodshot or watery eyes, slurred speech, stumbling or weaving, odor of alcohol, flushed face, inability to follow directions, slow reaction of pupils, abusive speech, uncoordinated movements when exiting a vehicle, leaning, imbalance, and sleepiness.

Any driver who is stopped for a possible DUI should remember that it is best to request to speak with a DUI attorney before answering any questions by a police officer. If you are subsequently arrested, again, you should request to speak with an attorney in order to protect yourself and your rights.

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Can I Get a DUI Even if I Have a Prescription for my Medication?

Posted on February 11, 2012 by in DUI Law, DUI Prescription Medication

Arizona DUI Lawyer: Prescription Medications

Yes! In Arizona, you can be charged with a DUI even if you have a valid prescription for the medication. If the drug has the ability to impair you in the slightest way, you could be charged with a DUI. Most of the commonly used prescription medications used to treat anxiety, depression, pain, and insomnia are listed in the Arizona DUI laws. Valium, Ambien, Vicodin, Percocet, OxyContin (oxycodone), Darvocet and Xanax are a few of the legal medications listed in the Arizona DUI laws.

Under ARS 28-1381(A)(1) “it is unlawful for a person to drive . . . a vehicle while under the influence of . . . any drug . . . if the person is impaired to the slightest degree.” This statute is commonly referred to as the A1 charge. This language means that even if you have a valid prescription for your medication and even if your doctor recommends that you use the medication, you can still be charged and convicted of a DUI if the medication can be shown to cause impairment to the “slightest degree.”

Additionally, under ARS 28-1381(A)(3) “[i]t is unlawful for a person to drive . . .a vehicle while there is any drug define in section 13-3401 or its metabolite in the person’s body.” This statute, commonly referred to as the A3 charge covers all illegal drugs such as cocaine, marijuana and methamphetamine. However, it also cites a very long list of legal medications including Valium, Ambien, Vicodin, Percocet, OxyContin (oxycodone), Darvocet and Xanax. The medications are listed by their chemical names not brand names. The actual list is too long to write here. Having a valid prescription is a defense to this particular statute. However, even if you have a valid prescription for the medication, you can still be charged for a DUI under the A1 statute referenced above.

Many Arizona drivers are not aware of this potential risk for being charged and convicted of DUI. Many people take legal prescription medications and drive. If a police officer suspects that a driver is impaired and asks the driver questions about their medical conditions and any medications they are taking, everything that is told to the officer can generally be held against them in court. Drivers must be aware of the risks they assume if they consume prescribed legal drugs for their medical conditions and drive a vehicle in Arizona. The consequences are severe. An experienced DUI attorney can explain the possible consequences and help inform you of your rights and best defenses to this type of DUI charge.

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DUI Checkpoints (Chandler DUI Attorney and Scottsdale DUI Attorney)

Posted on February 5, 2012 by in DUI Law

Law enforcement agencies conduct DUI Checkpoints around major holidays. They have been proven to be a deterrence that can reduce DUI accidents and arrests. However, officers have a difficult time being able to detect signs of impairment during checkpoints because the driver is stopped and not driving his vehicle.

There are limits on DUI Checkpoints. There is a balancing test that has been set out by the United States Supreme Court and the State must balance the need of a DUI checkpoint with citizen’s rights – trying to minimize any intrusion on the rights of citizens.

A driver who does not stop at a checkpoint can be stopped independently. Checkpoints can be moved from place to place, however Arizona law does not allow officers to conduct “roving” stops in which officers stop cars without a reason. In order for a checkpoint to be legal – officers must stop all vehicles that drive through the designated area – the checkpoints cannot be used in a discretionary way to only stop some drivers. Also, the detention should be brief, usually less than half a minute. Checkpoints can be used for DUIs and also to check drivers’ licenses and registrations.

If an officer has reasonable suspicion for a DUI during a checkpoint stop, then the driver can be held for further investigation.

Something else to be aware of is the new use by some law enforcement agencies of a “fake checkpoint.” In this instance, officers post warning signs of a checkpoint without actually conducting stops or checks. Officers will observe drivers’ behaviors and take note of suspicious behavior such as drivers throwing objects out of their cars or attempting to avoid the checkpoint and possibly use this information for stopping individual vehicles.

As with any DUI matter, it is important to understand your rights. Anyone facing a DUI in Arizona should consult with an experienced DUI lawyer.

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DUI Attorney: Arizona DUI Statues 2012

Posted on February 3, 2012 by in DUI Law

There are four main misdemeanor DUI statutes in Arizona: 1) 28-1381(A)(1) Driving while impaired; 2) 28-1381(A)(2) Driving with a BAC above .08; 3) Driving with a BAC above a .15; 4) 28-1382(A)(1); Driving with a BAC above .20 (super-extreme DUI); and 5) 28-1381(A)(3) Driving with prohibited drug or metabolite in the person’s body – this can include prescription medications. These are all class 1 misdemeanors which carry a maximum sentence of $2500 plus 84% surcharges, 5 years of probation, counseling, and jail. The amount of jail requirement depends on the level of the blood alcohol concentration. The length of required jail time will also become more severe if a person has had a prior conviction for a DUI within 84 months (7 years.) Some courts will also allow home-detention to substitute for a percentage of the ordered jail time. An experienced DUI attorney can review a matter and explain the possible consequences, inform you of your rights, be a strong advocate, and help guide you through the process.

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What is an Ignition Interlock Device (IID)? (Phoenix DUI Attorney)

Posted on January 24, 2012 by in Arizona DUI Updates

If you are convicted of an alcohol related DUI in Arizona, you will be required to have an ignition interlock device installed on the vehicle you drive. An ignition interlock device is a breath machine that is installed on your vehicle dashboard. It is a bit bigger than a cell phone and is connected to your vehicle’s ignitions. In order to start the vehicle, the driver must exhale into the machine. It will not allow the vehicle to start if it detects alcohol. When the vehicle is on the device will randomly require the driver to provide a breath sample. If the driver does not breath into the interlock machine or if it detects alcohol, it will record the event and warn the driver. The lights of the vehicle may flash until the car is turned off or until a clean breath sample is recorded. If you are required to have an ignition interlock device, you must provide the MVD proof that you have had one installed by an MVD authorized company. The cost for an interlock device can range from $70/month to $145/month. It is best to call around to get the best price.
Here is a list of authorized MVD installers: ( http://www.azdot.gov/mvd/driver/CertifiedInstallers.asp)

DRAEGER INTERLOCK/SAFE HARBOR
866-429-7233
www.azsafeharbor.net

LIFESAFER INTERLOCK
800-635-4410
www.aziid.com

GUARDIAN INTERLOCK/DRIVER ADVISORS
888-442-2749
www.driveradvisors.com

ALCOHOL DETECTION SERVICES
888-786-7384
www.adsdui.com

1A SMART START
800-916-6384
www.smartstartinc.com

ALCOHOL COUNTERMEASURE SYSTEMS
888-937-9209
www.acs-corp.com

MONITECH/QUICKSTART
888-717-8278
www.quickstartaz.com

CST/AZ MOBILE ACCESS
888-560-2628
www.arizmat.com

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New Arizona DUI Law: Effective January 1, 2012

Posted on January 24, 2012 by in Arizona DUI Updates, DUI Law

There are many new parts to the new Arizona DUI law that recently took effect. One very important change to the DUI law is a defendant’s right to have a jury trial. The new law restricts a person’s right to have a jury trial if they are charged with a first time, regular DUI. Because it is such a new DUI law, the Arizona Courts have not had much time to determine how they will handle 1st time DUI Defendants. Many people believe that the statute takes away an essential constitutional right to have a jury trial. If you are charged with a DUI, it is advisable to consult with a DUI attorney to determine what options you have and to guard your rights.

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DUI Lawyer: What do I do if I get pulled over?

Posted on January 22, 2012 by in DUI Law

A few things to keep in mind if you are ever suspected of DUI. First, always have your insurance and vehicle registration ready and available within seconds. Keeping them in a separate envelope in your glove box or clipped to your visor is a good idea. If you are pulled over, an officer may not tell you why they have pulled you over. If they begin questioning you, it may be in your best interest to request an attorney at that time. A DUI attorney can properly advise you. Any statements you make to an officer can be used against you at any time. If you are suspected of DUI, officers will conduct an investigation to determine if they have probable cause to arrest you for suspicion of DUI. Officers will usually tell you to do coordination tests, an eye test (HGN), and blow into a portable breath machine. In Arizona, you are not required to do any street coordination maneuvers (field sobriety tests), you are not required to submit to the eye test (HGN), and you are not required to submit to a preliminary portable breath test. However, if you are arrested, you ARE required to submit to a chemical test which is usually a blood test. If you refuse the blood test (or breath test after arrest), your driver’s license will be suspended for a period of no less than 12 months. Additionally, the officer will obtain a telephonic search warrant and they will take your blood regardless of your refusal to do so. Each case is unique, so it is advisable that you contact a DUI attorney as soon as possible to review your case.

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Help, My Car is in Impound!

Posted on November 2, 2011 by in Vehicle Impound

To make a bad day worse, not only did you just receive a criminal citation, but your vehicle was just towed to the impound lot! Now what?

If your car was impounded pursuant to A.R.S. § 28-3511, it would be for one of the following reasons:

  1. You were caught driving on a suspended or revoked license;
  2. You have never had a valid driver’s license and/or  you can’t product one;
  3. You were caught driving a car without a mandatory interlock device installed;
  4. You were caught driving or moving illegal aliens;
  5. You were caught hiding or harboring illegal aliens in our care.
  6. You were arrested for Extreme DUI.

There are some exceptions and sometimes you can get your car back before 30 days of impound is done. Call us at 602.232.2000 for attorneys on your side!

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