Comments (4)

By thoug, December 31, 2009 8:47 am

Did you hear the true 2008 story about a man who attended a DUI alcohol treatment program in Flagstaff, Arizona? He was charged with attempted murder. He told police there was another gentleman he didn’t like who was attending the session, so he tried to shoot him. Luckily, he missed. As you might imagine, those who are sentenced to mandatory DUI classes or counseling are not allowed to select their fellow participants.

On a more serious note, alcohol treatment and counseling may be options you are offered in lieu of jail time after a DUI conviction, if you are sentenced to probation. In other instances, you must serve jail and receive treatment. If you complete your DUI treatment and counseling with flying colors, it shows the Arizona court and probation systems that you are successfully completing probation. This may lead to future leniency.

The Arizona DUI alcohol treatment program includes mandatory alcohol testing on a regular basis. Treatment is administered through individual counseling, as well as group treatment or classes.

Depending on which Arizona DUI lawyer you select, they may strongly suggest that you attend Alcoholics Anonymous or another program that addresses alcohol abuse and the effects of drunk driving. If asked, it is in your best interest to religiously attend the program.

In order to be removed from probation, you must complete all required programs. If you fail, you could face additional penalties. The court systems frown heavily upon those who do not take responsibility for their actions. Also, the Arizona Motor Vehicles Division won’t allow your driving privileges to be reinstated until required treatment programs are completed.

Typically, you are required to pay for the programs and counseling – another way the state adds to its coffers. Fees vary due to the fact that the programs may be funded and run by private organizations, or by government social-service agencies.

Depending upon the circumstances of a first-time DUI incident, and also the ability of the offender’s Arizona DUI attorney to represent them, first-time offenders may not receive probation. The Beauchamp Law Office is here to ensure your rights are upheld.

Comments (3)

By thoug, December 29, 2009 9:39 am

It seems everyone has their own opinion about these statistics, at least according to the Daily Star’s message board. Readers provided more than 100 online comments to the story.

Some praised the task force for saving hundreds of lives. Others made terse comments. Particularly amusing was the post that said: “th comentar apogizeng for typeing udner the influnese.” One reader felt the article should have said “alleged drunk drivers” because only the court determines guilt or innocence.

Another comment said that the true purpose of the DUI task force is not to take drunks off the street, but rather to put money in Arizona’s state coffers. Someone else declared the percentage of DUI arrests was too low for the 3,500 contacts. Whether or not that comment is true, at least five percent of all traffic stops resulted in a DUI arrest, which is a sobering number (pardon the pun).

In keeping with the Twilight movie craze, the Associated Press on Dec. 17, 2009 reported the Arizona Court of Appeals in Tucson ruled it is not unconstitutional for arresting officers to draw blood from DUI suspects at the site of a suspected DUI.

The Arizona State University Police Department received a grant from the Arizona Governor’s Office of Highway Safety to beef up its task force, including new blood-alcohol content (BAC) detection equipment and overtime pay for officers. The ASU Police Department’s focus will be on catching underage drinkers.

It really doesn’t matter where you travel in Arizona, or whether you’re a student or professional, the police and associated task forces are looking for drunk drivers. And whether or not you question the motivation of the state in raising funds from DUIs, drunk drivers are certainly not a welcomed commodity on the road.

As often mentioned in this blog, those who are arrested for DUI have a difficult challenge ahead of them, and the legal process is simplified by obtaining expert DUI attorneys such as those at the Beauchamp Law Offices.

Comments (1)

By thoug, December 28, 2009 2:09 pm

When you are pulled over for suspected drunk driving and given field sobriety tests, one popular eye test may be questioned as an accurate indication of intoxication. The purpose of the test, referred to as Horizontal Gaze Nystagmus (HGN), is to determine if your eyes are “jerking” when you look from side to side. The arresting officer may wave one finger or a pen and ask you to follow it with your eyes. If the officer correctly administers the “eye test” and finds unacceptable HGN, it could count against you as evidence of intoxication in a DUI case.

But HGN has many causes unrelated to alcohol consumption:

• Disruption of circadian rhythms from shift work, jet lag, etc.
• Flu
• Multiple sclerosis
• High blood pressure
• Vertigo
• Inner ear disorder
• Overuse of nicotine or caffeine
• Certain vitamin or nutritional deficiencies
• Astigmatism
• Fumes from dry cleaners

One important factor to remember is that you are not required to take the HGN eye test, or any other sobriety field test in Arizona. You cannot lose your license for refusing to take these tests. However, Arizona law states you must agree to undergo a blood-alcohol test such as a breathalyzer or blood test, in order to determine your blood-alcohol content. If you do not consent to that, you will lose your license for one year whether or not you were in fact driving under the influence.

Also, if you suspect you have conditional or chronic HGN, take steps to assure your safety of the safety of your fellow drivers. Consider seeing a doctor or optometrist. Check online for more specifics regarding additional medical aspects and causes of HGN. If you have an affliction such as MS or other serious conditions that can affect your vision and, therefore, driving, consider lifestyle adjustments such as driving only in familiar areas or during daylight hours, etc.

If you have already failed the HGN eye test, and you were unaware of certain predispositions and conditions that can cause HGN, consult with a reputable Arizona DUI lawyer. At Beauchamp Law Office, our attorneys ensure your rights are protected.

Comments (0)

By thoug, December 28, 2009 10:37 am

Most people are unaware that it is a felony in Arizona tbe convicted of a DUI with a minor 15 years of age or younger in the vehicle. For residents or visitors whwere unaware of this – you are about tfind out the extreme consequences of this aggravated DUI charge…

Even if it is a driver’s first DUI – and even if the driver is impaired tthe slightest degree by less than the .08 blood-alcohol content required tbe DUI – the driver will be charged with aggravated DUI. This is the most severe DUI on the books in Arizona – a class-4 felony that will most likely entail:

• Four months in prison
• At least $4,000 in fines and fees
• Probation
• An ignition interlock device
• License revocation for 3 years
• Your car being impounded

In addition tbeing convicted of a DUI with a minor in the vehicle, you can alsbe charged with aggravated DUI in Arizona if you had twprior DUI convictions within a period of 84 months (seven years) of the third DUI conviction.

Contrast this with Wisconsin, where a new law will make first-offense drunk driving a misdemeanor if a child younger that 16 is in the vehicle. All other first-time offenses would remain traffic offenses. Sources site Wisconsin as the only state tcurrently treat first-offense DUIs this way.

The point here is tnever have even one drink if you need ttake your 15- year-old (or younger) ta party, or ta school event or tthe dentist. Aggravated DUI in Arizona brings consequences none would find easy. A $100 cab fare or finding other reliable transportation is well worth it.

Although DUIs should rarely come as a surprise tany driver, the Beauchamp Law Offices realize good citizens get arrested for DUI every day in Arizona. If we can help you build your case, please contact us.

Comments (0)

By thoug, December 23, 2009 9:48 am

Along with the fun of sharing joyous times with friends and family, and toasting the holidays, comes responsibility. Consider reminding yourself, those that you love and your friends how important it is to refrain from indulging in alcoholic beverages (and/or drugs) and getting behind the wheel.

You’ll be glad you were called a party pooper the minute someone needs a ride home and can count on you to get the job done – without putting yourself or others on the road at risk. Nothing can ruin a festive holiday season like a driving accident or DUI arrest. Not to mention, you’ll be spared the awful hangovers too.

Driving under the influence results in a substantial amount of annual fatalities in Arizona, and throughout the country. Keep in mind that, by far, the highest percentage of DUI arrests occur in December. According to the National Highway Traffic Safety Administration, there are 36 alcohol- related traffic fatalities on a typical day. But on New Year’s Eve, there are 54.

Setting up a designated driver system is easy:

• Recruit designated drivers among partygoers and calculate how many people will need rides. See if the geographic areas where people live, and the number of drinkers, work out so that everyone can get a safe ride home.
• Have cab company phone numbers handy so you can help provide prompt service. Certainly assist people in calling if they hesitate to call themselves.
• If you are at a bar, be aware that it takes longer to feel the effects of alcohol after someone has eaten, especially if it was a fatty meal. A few beers consumed during a meal can catch up with a driver.

Relish the wonderful holiday spirit. But always keep track of exactly how much alcohol you have consumed over a specific timeframe. Sometimes it’s easy to lose track. If you are unsure, always err on the side of caution and get a ride from a dependable, sober driver.

We see it every holiday season at the Beauchamp Law Offices… an increase in DUI arrests. We hope you won’t need our services, but if you do, we are here to ensure your rights are enforced. Happy Holidays!

Comments (0)

By thoug, December 22, 2009 9:58 am

It’s bad enough for a man to get a DUI. But if that man is wearing high heels, a skirt and a push-up bra, he’s got even more explaining to do. If it does happen to you, try not to fumble for your purse, of course.

Federal Judge Robert Soma, (now former judge) was driving his Mercedes-Benz E320 when he rear-ended a pick-up and tested over .08 for blood-alcohol content. And, the cross dresser tore his fishnets and lost his balance when he couldn’t properly stand in his heels when he got out of the car.

Surely the New Hampshire arresting officer was taken aback. Makes you wonder if it’s worth it (for both men and women) to carry some flats to slip into just in case?

In all seriousness, keeping your license and registration handy in your car is very important because the officer will be paying very close attention to how easily (or poorly) you produce these materials. Promptly retrieving the documents gets you off on the right foot, even if you’re wearing heels.

On a more somber note, the Orlando Sentinel recently reported a young woman received 15 years in prison, and more than $7,000 in fines, for a DUI resulting in manslaughter. And to make matters worse, she chose to resist the officer with violence, fled and was eventually caught.

According to the Dec. 4, 2009 edition of the Sentinel, Erika Selman “was sentenced to five years in prison, to run concurrent with the 15-year sentence, for the resisting violence charge…”

Nothing good can happen when you get arrested for a DUI, so much of what must be done is to minimize the damages. When you try to resist or run, it only makes matters worse. It is highly likely that a person who shows respect and remorse, and does not flee, will receive a more acceptable sentence. Although Ms. Selman may not look like a bad person in her jail photo, there’s no doubt that alcohol can have extreme effects.

Remember to always be prepared and respectful if you are pulled over for DUI in Arizona, or any state for that matter. And, be sure to find yourself a DUI lawyer who can ensure your rights are protected.

Comments (6)

By thoug, December 21, 2009 9:12 am

It’s one thing to get a DUI in the Phoenix area, or anywhere in Arizona for that matter. But if you find yourself traveling and are faced with a DUI arrest, it could raise a whole new set of questions and concerns. Here is some advice to follow on out-of-state DUIs:

Check that state’s motor vehicle department website regarding the status of your license. Also check the website of the applicable district court where you were arrested. Look for information regarding local and state laws, and how the DUI process works in that jurisdiction.

Typically, the state in which you obtained your license will decide criminal and civil penalties. But almost all states have an interstate compact to share information, which means you need to follow the procedures in both Arizona and the state in which you were arrested.

More States With Tough DUI Laws

Some of the toughest states for DUI are Arizona (of course), New York (perhaps even tougher than Arizona), California, Washington, Illinois and Minnesota.

The harrowing thing about getting arrested for DUI outside of the state in which you reside is that you have to follow the same DUI process as if you are a resident of that state. This means it is wise to find a DUI lawyer from the state in which you were arrested. You will initially have to go to their court. However, if you are very polite and do not possess a prior record, the judge may allow you to follow up in absentia through your attorney.

If you are required to attend a traffic school, make sure the school is approved by the state where you were arrested. Also, check for online classes.

Helpful Resource

One helpful resource for those arrested for an out-of-state DUI is the unofficial DMV guide. The site is sponsored by insurance companies, and we are not necessarily endorsing it. But it does link to forms and relevant websites nationwide. Stay well-informed through your DUI attorney if you are arrested for an out-of-state DUI, and always conduct yourself as instructed. This will help you get through the process as smoothly as possible.

Comments (10)

By thoug, December 17, 2009 9:15 am

If you receive a DUI in Arizona, an ignition interlock device is mandatory. And if you understand ignition interlock devices, you can avoid some of the stress associated with having to use them. By reading the below information, you can help assure that you are in compliance, thus avoiding more penalties.

Important Terms and Requirements for Arizona Users of Ignition Interlock Devices

CIID:

A certified ignition interlock device. The device company, installation and service must be authorized by Arizona Motor Vehicle Department (MVD). Using unauthorized products or services, or tampering with devices, can bring further penalties. To obtain certified products and services, see the MVD section of the Arizona Department of Transportation website. Each provider has a toll-free number. They will advise you of costs and installation details.

MVD monitoring:

You must understand all applicable MVD forms and established policies. Ask the MVD or authorized provider if you have questions.

Inspections:

The installer must inspect the device every 30 days for 3 months, and then every other month, until use is completed. You must confirm with the inspector that the device is functioning correctly. If you haven’t followed requirements, the inspector will most likely discover this.

Proof of compliance:

You must provide proof of compliance every 90 days. If you do not, you may lose driving privileges indefinitely, or until you give proof. Although the interlock company usually takes care of this task on your behalf, you may have no recourse if they do not. So, be sure to contact them and verify they have taken care of this every time just before your proof of compliance is due. If not, you can do this on your own.

The Human Aspects Can Be Just as Important as the Terms and Procedures

Try not to let the predicament of using the interlock device lead to further repercussions. Time will pass, and the best way to handle the situation is to willingly follow the rules. The devices can actually be used somewhat discretely if you put in some effort.

Our next blog about ignition interlock devices will provide more specific details about MVD forms, how to prove compliance and how to manage inspections.

Comments (2)

By thoug, December 16, 2009 10:15 am

What do the flu, common cold and congestion have in common? These conditions are all treatable by substances that can cause a person to either mimic drunk driving or actually drive under the influence. And that, of course, can lead to a DUI arrest.

Drivers who are taking any type of medication should always read the warning labels for their prescriptions, and take them seriously. Even over-the-counter medications can cause DUI-type driving effects or an actual DUI. Those taking medications should be keenly aware that many cold and allergy medicines, as well as flu remedies, decongestants, etc. can lead to impaired driving.

Perhaps we need some new terminology: DOM for driving on medications. Of course, health conditions such as diabetes, multiple sclerosis, chronic fatigue, severe stress and dozens more can impair driving ability, and legal actions can be taken against these patients. It is unfortunate, but people who have health conditions can sometimes become an unintended menace on the road.

Many people ask, “Are you really guilty of DUI if you haven’t consumed alcohol or controlled substances?” The answer is a definite “yes,” if you are, in fact, impaired. Consider the following excerpts from an Arizona state government website, regarding impaired driving:

• Driving Drowsy – “Nineteen hours without sleep is similar to a BAC of .05% and 24 hours without sleep is similar to a BAC of .10%.”
• It is illegal in Arizona to drive “while under the influence… of any drug… or any combination of liquor, drugs… if the person is impaired to the slightest degree.”
• “It is not a defense to a charge of a violation… that the person is, or has been entitled, to use the drug under the laws of this state.”
• “A person who is convicted of a violation [driving while impaired] is guilty of a class-1 misdemeanor.”

Whether a given substance or health condition impairs driving can be determined on a case-by-case basis by the court systems. People can be found guilty of ingesting anything that they knew or should have known would hinder their driving. Of course, every DUI in Arizona provides a challenge for the driver, and legal consultation helps ensure the driver that the facts of their case are reviewed and their rights are upheld.

Comments (0)

By thoug, December 15, 2009 9:42 am

Many people who have been arrested for DUI figure they can handle their own case because they consider themselves a quick study. However, it is in the defendant’s interest to hire an attorney.

Regardless of which attorney you decide to hire – even if it’s not one from the Beauchamp Law Offices – hire an attorney if one is not appointed to you. As Arizona state DUI law evolves, the penalties increase, and the process of seeing the case through to the end becomes more complicated.

Everyone arrested for DUI should take it upon themselves to ensure that their rights are protected. Too many times, people who have represented themselves or chosen inadequate counsel have unnecessarily cost themselves some of their freedom.

If you follow these tips to guide you as you search for a qualified DUI attorney, you can feel much more confident as you proceed:

1. Resist the impulse to select the first name you see. An ad appears on late-night TV, you’re all stressed, so you call. Focus on research, not impulse.
2. Start by asking, “are you experienced with DUI?” But don’t stop there. Ask them what they know about decreasing or eliminating each of the following penalties: fines, ignition interlock, alcohol screening, alcohol counseling, suspension of driving privileges, community service, probation and jail time.
3. Ask which courts the lawyer has tried cases in to see if yours is included. The following prosecutors’ offices each have their own DUI processes: Mesa, Scottsdale, Phoenix, Gilbert, Tempe, Chandler, Glendale and many other cities in metro Phoenix.
4. Will one attorney handle your case in its entirety? Get the law firm to ensure that the staff handling your case will be stable.
5. Ask the prospective firm to share their specific plan for investigating and analyzing your case. If they don’t provide a detailed description of this process, that’s a red light.

A DUI case is a life-altering event that can threaten your job, mobility and reputation if poorly managed. The best attorneys know everything there is to know about DUIs. Ask the hard questions and make sure you are satisfied with all the answers.