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.

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.

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.

In late December, 2009, U.S. Senator Frank R. Lautenberg (D-NJ) announced that he and U.S. Senator Tom Udall (D-NM) had proposed new legislation with the support of Mothers Against Drunk Drivers (MADD). The new legislation would make ignition interlock devices (IIDs) mandatory for all individuals convicted of driving drunk in any state, even first-time offenders.

Senator Udall indicated that New Mexico aggressively applied the ignition interlock penalty to all offenders and that the measure has saved lives. He said he believes that “…enacting it nationwide would have the same positive and resounding effect.”

If the proposed legislation is approved and enacted, the federal government may take away part of a state’s transportation funding if they do not adopt and enforce the law’s strict requirements. This would essentially ensure that ignition interlock devices would become a mandatory consequence of DUIs throughout the U.S.

A MADD representative indicated that 50-75% of those with suspended licenses due to DUIs continue to drive anyway. The ignition interlock system, MADD said, allows a person to go to work, school or necessary destinations as long as they have not consumed alcohol.

More specifically, the proposed federal legislation would require any person convicted of DUI to use an IID for six months. Currently, only the following states require IIDs for all drunk driving offenders: Arizona, New Mexico, Utah, Washington, Arkansas, Louisiana, Nebraska, New York, Alaska and Hawaii.

Although some might say IIDs are an unnecessary inconvenience, their merits are quite considerable:

• The Centers for Disease Control (CDC) found through studies that subsequent DUI arrests fell by 73% with the IID installed.
• Drivers using the device had fewer crashes than those driving on suspended licenses.
• A study by the Insurance Institute for Highway Safety showed that convicted drunk drivers who used the ignition interlock device caused 30% fewer fatalities.

If you are seeking legal advice for a DUI in Arizona, you may already be aware of how stringent the laws are in this state. If the Beauchamp Law Office can be of assistance to you, please do not hesitate to utilize our services by calling us today.

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.

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.

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.