Mothers against Drunk Driving or MADD was founded in 1980 by a mother who lost a teenage daughter in a car accident involving a drunk driver.  The program began as a grass-roots campaign and has grown steadily over the past thirty years. MADD has become one of the largest non-profit organizations in the United States and has played a major role in many of the nation’s campaigns against drunk driving.  In Arizona, the laws that MADD have supported have made their way into DUI Penalties.  For example, for a DUI offense in Arizona a vehicle ignition interlock device is required for one year. MADD is also offering an Impact Panel as part of court ordered rehabilitation.  The impact panel is designed to illustrate how impaired driving can affect other people.  To gain entry to the class you must first pass a breathalyzer test and pay a class fee ranging from thirty to forty dollars.  Once you complete the course you will be given a certificate of completion that you must present to the court.

  In recent news celebrities like Lindsay Lohan have been ordered to wear the bracelet.  AMS also offers a form of home detention that can keep DUI offenders off the streets at time considered to be prime hours for drunk driving, the hours between 12am and 3am.  Proponents of SCRAMx support that the bracelet will keep more and more people out of jail and allow them to contribute positively to society instead of over-populating jails and ballooning state taxes.  Because the offenders pay for the SCRAMx services themselves they are also saving tax payers money.

Flickr User: Wanderingtheworld

So it seems second nature to us Arizonans to always plan ahead—carpool, designate a sober driver or take a cab. We’ve heard too many stories of friends getting DUI’s and we’ve learned that it’s not worth it.

But what about the millions of visitors who come in and out of Sky Harbor International each year? What happens when visitors from out-of-town happen to land themselves a DUI while out at night enjoying themselves on vacation?

Technically, it is always a citizens’ responsibility to know the laws of the land. Being somewhere that you don’t consider “home” doesn’t get you any pity points from police officers. If you break the law, you must serve the sentence.

So what are these penalties that out-of-state visitors may face?

For a first time extreme DUI offense (i.e. blood alcohol result of .150 and below a .200), despite the outstanding character you may have, the minimum sentence is 30 days jail. Combine this with certain prosecuting agencies that offer a plea agreement of 30 days jail (or close to it), and out-of-state visitors have a real problem.

For the Arizona resident, 30 days jail is a tremendous burden. However, at least with work release, you should be able to keep your employment. If you live in California and are sentenced to 30 days jail in Arizona, your job and your career is now in jeopardy. How many employers are going to say, “Sure, take thirty days off to go serve a jail term in Scottsdale, no problem?” This misdemeanor offense can have penalties that could ruin someone’s livelihood.

There are a few solutions that may help remedy the problem. An out-of-state visitor can request an order to do their jail in their home state. That request is almost always granted. However, the judge will tell you it is your responsibility to find a jail in your home state that will comply with the incarceration order. This is easier said than done because jails are overflowing as it is—it may be unlikely they will house you for a full 30 days!

To solve this problem, we have had to employ former law enforcement officers and had them assist with getting our clients accepted into the facility. Even using this method, it is still difficult. Moreover, how many people can afford this service?

The other option is going to trial. If you can convince the jury that your blood alcohol concentration was merely over .08 but below .150, then the minimum jail is reduced to one day.

In sum, Arizona has set up a terrible dilemma for out-of-state visitors charged with extreme DUI and it doesn’t appear they’re making moves to change any of it. If you have guests visiting from out-of-town, please make sure you are all being smart and safe because dealing with DUI penalties for anyone is never a fun process.

In this video,  we uncover the complexities of dealing with both the court system and the DMV when you are charged with a DUI.

Being charged with a DUI can be a very confusing process. When a DUI is charged you have to deal with the court system and the DMV. What happens with one system can affect the other, but for the most part view them as two separate entities.

When a police officer pulls you over, he will give you a ticket and court date. And if your blood alcohol level was over .08 within two hours, your license will be suspended for 90 days from the DMV.

It can be a very confusing process, which is why it’s in your best interest to seek representation that understand the process and can help you through it.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

Flickr User: seydoggy

Phoenix police say more and more drivers are turning to their Twitter and Facebook pages to warn other motorists of police checkpoints and stretches of road with large police presences to help folks avoid getting dreaded DUIs.

Police say they really aren’t concerned about getting their cover blown–they often advertise DUI sweeps and checkpoints as a deterrent. However, they do feel concern for people who may be tweeting while they’re supposed to be driving.

Police suspect that many of the often worthless warnings are cast into cyberspace via-Smartphones — like the iPhone or a Blackerry — while people are driving their cars.

In a world where texting while driving is now deemed as dangerous as driving hammered, updating Facebook or Twitter statuses is also a no-no.

It only take a brief fraction of a second when you’re sending that message, when you’re searching for a key or typing a key, when it can be deadly.

Warning other motorists of DUI checkpoints is not a crime but remember that in Phoenix, texting while driving can be considered reckless driving and anyone caught doing so may be ticketed. We’re still waiting on legislation, but in the future, texting while driving may be its own, separate, punishable offense.

If you’ve been drinking and decide to check Twitter of Facebook on your drive home, you could most certainly land yourself in a lot of danger. Please know that doing either separate, let alone simultaneously, is not a wise idea.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

Flickr User: arcanum75

But the trend Arizona law enforcement is seeing more and more are intoxicated drivers who’ve indulged in a different cocktail of sorts.

That is, a mixture of prescription drugs, anti-anxiety or anti-depressant medicines and other recreational drugs.

In fact, the number of drug-related DUI cases handled by the Arizona Department of Public Safety rose from about 4,400 in 1999 to more than 14,700 last year, an increase of more than 230 percent. The state’s population in that period rose only about 38 percent.

These cases are becoming more and more commonplace. Legally prescribed drugs are more accessible, and when they are mixed and mingled – occasionally for legitimate therapeutic purposes but more often because of abuse or ignorance – they can land people behind bars.

Authorities contribute an increase in drug-related arrests to careless use of prescription drugs, better police training to recognize impairment and cutting-edge equipment that detects even traces in blood samples.

Law-enforcement officials also point out that most drug-related DUI cases they encounter are the result of drivers mixing prescription drugs, occasionally throwing in alcohol or recreational drugs.

The people being charged with drug-related DUIs don’t fit the profile of threats to society. In fact, Police find a large portion are professionals or housewives or people who aren’t really well-informed that they shouldn’t be driving.

Turns out, most plead ignorance. Many don’t consider themselves criminals or drug users. They don’t correlate their prescription-drug use with the offense.

What police see on the streets is borne out by research. The Arizona Department of Health Services and the U.S. Drug Enforcement Administration report that more than half of new admissions for addiction treatment in Arizona are for pharmaceuticals.

Please be careful and be mindful of what you put in your body and know that combining substances across the spectrum can affect your body in ways you may not realize.

Flickr User: monay2

Former “Hills” star Jason Wahler, most commonly known for his bad boy ways on the MTV reality show and in real life, is going for an all-time international party boy record. He was charged last week with two counts of DUI after his second alcohol-related arrest in a month.

According to the Orange County District Attorney, Wahler — whose blood alcohol level was allegedly .15% when he was busted on March 19 — faces six months in jail if convicted.

Just a week earlier, Wahler was arrested after a bar fight in Cabo San Lucas, Mexico — then mysteriously bailed out and traveled back across the border to start more trouble.

Hopefully he can tame his irresponsible ways and be smarter about alcohol consumption and getting behind the wheel.

Remember, driving while intoxicated is a serious offense no matter your socioeconomic state class in life.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

Flickr user: Alex E. Proimos

Estimated costs for holding a single inmate for one year is at minimum $20,000. Nationwide, billions of dollars are spent to house, clothe and feed inmates, a large majority of whom have committed petty crimes.

So Scottsdale legislators are looking to cut costs and are considering house arrest for those who have been convicted of driving drunk. Ankle monitors may soon be an option for Scottsdale’s convicted drunken drivers.

These home detention programs aren’t new. In fact, Arizona law has allowed a city or town to create such programs for years, and most Valley city courts already have similar programs. But Scottsdale City Court officials are finally ready to make such a program for its jurisdiction.

On a second offense, DUI offenders are sentenced with about 180 days in jail. That’s roughly $9,000 worth of costs for the city to incarcerate that person for that period of time.

The home-detention and electronic-monitoring plan is scheduled to go before the Scottsdale City Council on its April 27 consent agenda. If approved, court officials hope to have a program in place by summer.

Scottsdale is estimated to pay Maricopa County jails about $3.5 million for the coming fiscal year if nothing changes. A home-detention program is projected to save from $600,000 to $1 million per year.

Officials see the advantage in this type of program to be that home detention helps drunken driving offenders keep their jobs and, in turn, they will be more able to reimburse the court for jail costs.

Certain convicted drunken drivers wouldn’t be eligible, such as a violent person or someone who poses any other additional danger. Also ineligible would be anyone with a domestic violence conviction or if they are unemployed. But he estimates as many as half of Scottsdale’s DUI defendants could participate.

A device would be placed on the person’s home telephone line to determine whether the person is home. The ankle bracelet allows the offender to be away a certain number of feet away from the house.

If they are not home when they say they are, the monitoring company makes a call. Then they notify the court that they weren’t in compliance. Offenders would also have to take a breath alcohol test once a day.

Ultimately, home detention is an option in sentencing.

They’re not free. They still have to stay home, but people would better be able to go on with their lives and able to keep their jobs.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

Flickr User: Joe Gratz

A DUI driver who killed a teenage female in 2008 received his sentence last week.

Manuel Contreras-Galdean, 33, pleaded guilty last year to one count each of manslaughter and aggravated assault for the Nov. 15, 2008, collision that killed 16-year-old Kelly Tracy of Mesa and injured her brother Matthew Tracy, then 17, as he was driving them to Highland High in Gilbert.

Contreras-Galdean has been sentenced to 14 years in prison with credit for time served, and four years of probation – the maximum sentence allowed under terms of his plea agreement.

Mesa police said on the day of the accident, Contreras-Galdean was driving with a blood-alcohol content above 0.19 percent. That’s two-and-a-half times the legal limit; additionally, he had been on cocaine.

Contreras-Galdean was allowed to speak to the judge last Friday, the day of his hearing. He asked for leniency and rehashed the events that day as he recalled them.

“I was hoping today to remove this burden – this burden I’m carrying knowing I’m not the criminal the prosecution made me out to be,” he said through an interpreter.

The aggravating factor the court found reprehensible was the fact that Contreras-Galdean had a DUI in 2001 (in Utah) and a DUI in 2007 (in Tempe).

Judge Trujillo gave Contreras-Galdean 496 days of credit for time in jail already served. He acknowledged that the probation may not be served because Contreras-Galdean, a Mexican immigrant whom prosecutors said has lived illegally in this country for several years, is faced with deportation.

Kelly is survived by her parents and siblings Matthew, Michael, Jason, Kaitlin and Jessica.

Remember guys, drinking and driving is no joke and neither are the penalties for getting charged. You can hurt yourself, your loved ones and the loved ones of people you don’t even know.

Please be safe and before you get behind the wheel, think about others and not just yourself.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.