MADD Impact Panels

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.

It may seem difficult and overwhelming to select a DUI lawyer immediately following your arrest. We advise you not simply choose the first DUI lawyer you come across in your quick internet search, but that you put a bit more thought and effort into it.

There are plenty of lawyers in Phoenix and throughout Arizona who do not limit their practice to DUI and criminal cases and some of these lawyers only handle a few cases a year. Unfortunately, some Phoenix DUI lawyers may even be incompetent or inexperienced.

To find good Phoenix area Arizona DUI lawyer, we suggest that you ask the following questions:

1. Does your firm have lawyers who are highly experienced in DUI and criminal defense cases?

2. Does your firm have access to the State’s most experienced expert witnesses on the forensic testing of blood and breath alcohol? Are they willing to bring in co-counsel in order to maximize the effectiveness of your case?

3. Does your firm use a written flat fee agreement that includes trial if necessary? Or is the “fee” only a low initial retainer that does not cover the entire case or Motor Vehicle Department hearing?

4. Will your firm actually handle the case or will you simply sign me up and refer me to another attorney or firm?

5. Do the lawyers at your firm know the courts? The judges? Are you willing to go to trial? How many cases have you tried?

As we said, it’s strongly encouraged to do some shopping around for an experienced DUI lawyer who is going to fight your case to the best of their ability. Having an experienced DUI lawyer on your side is definitely something you want.

To discuss representation with our experienced Phoenix and Arizona DUI lawyers, or if you have any questions, please don’t hesitate to contact Beauchamp Law Office.

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.

The following are five common mistakes people make in their Arizona DUI cases:

1. I didn’t take the charge seriously.
People often view their charge like it’s a traffic ticket. A DUI charge is NOT a traffic ticket and it should NOT be taken lightly.

2. I hired the same guy I called from the police station.
The attorney you call from the police station may not be the best option for defending you in a DUI case. Make sure you take some time to survey your options, and never hesitate to call Beauchamp Law Office.

3. I ignored the summons because I was in Arizona on vacation.
Some simply figure they will never come to Arizona again and it won’t hurt them. However, Arizona can suspend your license hold a warrant for your arrest. Please don’t simply ignore a DUI because it’s issued in a state other than where you live.

4. I didn’t hire an attorney.
Some think they can simply fight the charge themselves. Please do not attempt this. We are very skilled in fighting DUI charges here at Beauchamp Law Office and can present your case in ways you simply may not even know possible.

5. I didn’t exercise my rights.
People who don’t feel drunk may think they can talk their way out of a DUI. Careful, because what you say can likely get twisted around in the police report, and the police officer may describe you as a slurring, belligerent, idiot. Always remember you can exercise your right to remain silent.

It’s pretty much common knowledge that Arizona has harsh penalties for DUI offenses, particularly in and around Scottsdale where the nightlife is constantly booming.

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.

Not all DUI arrests occur in the same way and thus there is a lot of gray area on the arresting officer’s part.

Trained, expert lawyers can help you figure out how to get out of a DUI based on any loopholes that might have occurred during the arrest.

For example, there could be problems with things such as your breath test or blood test.

The only way to ensure you fight a DUI in the best way possible is to hire a DUI defense attorney.

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.

Being arrested for a DUI can be a very scary experience, but it’s important to remain calm and try to stay in control of your situation. Becoming angry, emotional or defensive won’t help your case but rather, will probably make the arresting officer more apt to put you behind bars. Becoming hot-headed may also make it more difficult for a lawyer to later effectively argue your defense in court to prove your innocence or get the charges reduced.

Once arrested for a DUI, it is wise to seek counsel immediately. DUI defense lawyers have specialty training and knowledge that can really help get you out of the charges or help get you minimal punishment. The single most important thing you can do for yourself is to find a qualified attorney who knows DUI law.

Expect the DUI lawyer to initiate a comprehensive interview with you before accepting your case. The information exchanged between you and your potential defense lawyer is completely confidential, so feel free to share every tiny detail and be honest with this person.

The lawyer will review all of the written documents pertaining to the arrest, the breath or blood test report, and the traffic ticket that was written. This initial interview should last approximately an hour. The lawyer will discuss every aspect of your DUI case and the applicable laws at this time.

If the lawyer decides to accept your case, he or she will then present you with a detailed written contract for your review. If you agree to the terms of the contract, you will then become the attorney’s client and the attorney will then start the representation process.

In every state, when someone is arrested for DUI, there are two jurisdictions to defend oneself against—the court and the DMV. The court will try to give you fines and punish you in other ways, and the DMV will try to take away your driving privileges.

There are strict time limits within which the DMV must be contacted to avoid automatic license suspension. Your lawyer should be able to advise you on such details.

Really, this is the tip of the iceberg, as DUI arrests can be very sticky situations. Stay calm and contact a DUI lawyer to ensure you’re best representing yourself and what took place the night you got arrested for DUI.

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.

Opening a phone book and choosing a DUI attorney with a large advertisement is not the right way to go about choosing a  DUI defense lawyer. That being said, choosing a top DUI defense lawyer is a very important step to ensure that you have the very best representation possible. Sifting through DUI attorneys can be a difficult and menial task. Here are five things to look for to ensure that the lawyer you choose is the best choice, after all, your case results will have a large impact on your life.

1. What Training Does the Attorney Have?

Research the lawyer’s background and training in DUI defense. Find out if the lawyer has any specialized training in field sobriety or chemical testing. Find out if the lawyer has taken advanced course work in drunk driving defense. Also, go to the American Bar Association (ABA) website and look up your attorney’s law school. If it is not listed, you may want to find a different lawyer.

2. Does the Attorney Have Any Published DUI Law Books or Articles?

Attorneys who have been published are those who are most respected in their field and are recognized by judges for their knowledge and expertise. If the attorney you hire has published works, it’s a safe bet that he or she is a good option for a DUI defense attorney. Also, take note of how frequently the attorney gets published. Those attorneys who constantly write about their area of law are the ones who tend to be most involved with their area.

3. How Many Years Has the Attorney Been in Practice?

There is no substitution for experience.

4. Does the Attorney Have Professional Affiliations?

A good way to determine if your attorney is committed to the field of drunk driving defense is to see if he or she is part of professional member groups. Research if your potential attorney is affiliated with the National College for DUI Defense (NCDD) or The National Association of Criminal Defense Lawyers (NACDL).  The NCDD is a very commendable organization and only those attorneys who have been recommended by at least two judges or other lawyers may be accepted. Furthermore, The American Bar Association recognizes the NCDD as the only organization qualified to name an attorney as a specialist in DUI Defense. In addition, there may be a number of  organizations on a local level for a DUI attorney to participate in.

5. Does the Attorney Have Client Testimonials for Your Viewing?

If a DUI lawyer does his/her job well, the lawyer will be thanked many times by many satisfied clients. If you’re ready to choose a DUI lawyer, you should ask to read some of these testimonials to get a better idea of what the attorney’s performance is going to be like. A DUI lawyer who does their job well should be proud of his/her past performances and should willingly share such information with you.

A certified ignition interlock device (CIID) is now mandatory for everyone convicted of a DUI in Arizona. Understanding the following detailed information and requirements for CIIDs will allow you to successfully complete the program without additional penalties.

Requirements & Fees

The company that services your CIID communicates electronically with the state to report the downloaded information from the CIID. The device keeps records automatically, and the report shows if you’ve been using it correctly, if blowing over the limit has shut you out, and if you have tampered with the CIID. Mandatory regular inspections include re-calibration to federal standards set by the NHTSA. The only thing that’s not automatic is the visual inspection – the CIID service company also provides this report to the authorities.

The person who uses the CIID must pay to lease and maintain the device, and for associated downloads. This runs about $80 per month. Damaged or miscalibrated devices may incur additional fees.

Maintenance

A. You must provide the device for regular service and maintenance as instructed. The service provider for the CIID must submit inspection results by required dates, or your car will not start.

B. The CIID will warn you 5 days in advance of a deadline with a warning light or voice telling you to return for service. Service is initially required every 30 days.

Forms and information

The Arizona MVD’s Ignition Interlock Employer Notification Form 96-0242 is required if your job entails driving a company vehicle. Your employer must complete it with you. Conditions are provided that, if followed, allow you to drive the employer’s vehicle without an interlock device.

A “Verification of Installation” form is generated by the device company, and it must be submitted to the Arizona MVD in order for you to use a restricted driver license.

Certified ignition interlock installers can be found on the AZ.gov website. Names on this list are also Certified Ignition Interlock Service Providers. You must use only certified companies to meet your requirements.

Summary

If you are required to use an ignition interlock device (usually for six months on first offense, unless it is an aggravated DUI), it may be a tremendous inconvenience. However, in order to have the device removed as quickly as possible, abide by all of the requirements. In order to gain a complete understanding of DUI laws and requirements in Arizona, consult with an experienced DUI lawyer at Beauchamp Law Office.

In Arizona, you may be placed on probation (which may be unsupervised) for up to five years for your first DUI. The chances are greater that you will receive probation if you are arrested for more than one DUI in seven years, or if you are convicted of aggravated DUI.

If you are placed on probation for DUI in Arizona, here are some things you should know. The terms of your probation are based upon your specific offenses, assessment of your risk to the community, your history, background and current behavior.

Probation can include:

• Meeting attendance, counseling, driving school, other classes
• Use of an arm bracelet that tracks alcohol usage
• Court dates
• No-contact orders for people determined to adversely affect your probation success
• Scheduled or random drug testing (such as urinalysis)
• A drug/alcohol treatment program. Before beginning a program, there is a screening to help determine treatment parameters.

Your readiness for graduation is based upon:

• Participation in cognitive or behavioral modification
• Getting education
• Consistency in your housing situation
• Healthy relationships with family and/or other adults committed to your success
• Consistency of employment
• Completion of substance-abuse treatment

Further, authorities want an indication that you understand the reasons behind your conviction.

The Arizona Department of Corrections looks at it this way: The crime of DUI indicates insufficient regard for the safety of others. You may be incarcerated for that crime, in order to protect others from your potential to disregard their safety. In light of this, you should recognize probation is a privilege that gives you the opportunity to return to a normal life without being incarcerated.

A DUI offender can have their probation lifted if they simply abide by the terms of their probation. If those terms are violated, sanctions can include bench warrants, community service, residential treatment, more drug testing and incarceration.

Although some Arizona DUI offenders who are sentenced to probation and a treatment program resist at first, many credit their challenging DUI experiences for making a positive change in their lives – a real wake-up call.