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?

Photo used under Creative Commons from Jason Tavares

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.

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.

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.

Flickr User: Oklahoma County Sheriff

The Fourth Amendment to the U.S. Constitution guarantees our right against unreasonable searches and seizures. The amendment specifically requires search and arrest warrants be judicially sanctioned and supported by what’s referred to as probable cause.

If that’s so, then doesn’t it seem a bit unconstitutional for law enforcement to put up DUI checkpoints? After all, what is their probable cause for stopping and questioning each car on the road?

Good question—a question that was raised in the case of Michigan v. Sitz—where the Michigan Supreme Court deemed DUI roadblocks as unconstitutional. In a 6-3 decision, however, the U.S. Supreme Court reversed the Michigan court, holding that they were constitutionally permissible.

So just what are the arguments for and against DUI checkpoints being constitutional?

Former Chief Justice Rehnquist (active at the time) began his majority opinion by admitting that DUI sobriety checkpoints do, in fact, constitute a “seizure” within the language of the Fourth Amendment. He recognized the validity in the state of Michigan initially ruling checkpoints unconstitutional, but went on to explain why the Supreme Court wouldn’t hold it as such.

Rehnquist continued to say that DUI checkpoints are only a minor invasion of one’s rights, and that something needed to be done about the “carnage” on the highways caused by drunk drivers. The “minimal intrusion on individual liberties,” Rehnquist wrote, must be “weighed” against the need for — and effectiveness of — DUI roadblocks.

Rehnquist’s justification for ignoring the Constitution rested on the assumption that DUI roadblocks were “necessary” and “effective.”

In other words, Rehnquist argues that the ends justify the means.

The dissenting justices argued that police are without probable cause to stop individual drivers.

Justice Brennan wrote, “That stopping every car might make it easier to prevent drunken driving… is an insufficient justification for abandoning the requirement of individualized suspicion… The most disturbing aspect of the Court’s decision today is that it appears to give no weight to the citizen’s interest in freedom from suspicionless investigatory seizures.”

The case was sent back to the Michigan Supreme Court to change its decision accordingly, but the Michigan Supreme Court did not fall in line.

Michigan decided though now permissible under the U.S. Constitution, DUI checkpoints were not permissible under the Michigan State Constitution, and ruled again in favor of the defendant.

“If you won’t protect our citizens, we will,” was the message Michigan sent to Justice Rehnquist. A small number of states have since followed Michigan’s example.

In the state of Arizona, DUI checkpoints are constitutional…just another reason you should never drink and drive!

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.

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.

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.

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.

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.