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By ArizonaDUI.com, April 16, 2010 6:41 am

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.

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By ArizonaDUI.com, March 26, 2010 2:01 pm

Flickr User: old town drafting

It’s most bars’ mission to serve customers with good food and drink while providing a fun and friendly atmosphere. And let’s be honest, it doesn’t hurt a bar’s bottom line to see its patrons indulging in a few too many, ultimately racking up large bar tabs.

But there’s another thing that has been racking up within recent years…and that’s the increase in DUI cases in Arizona.

According to the Governor’s Office of Highway Safety, DUI arrests were up about 35 percent from 2008 to 2009.

One bar located in northeast Phoenix hopes to be on the proactive side of things, helping promote responsible drinking.

Tilted Kilt owner Kerry Phelps says he’s seen far too many people end up having more to drink than they planned but still feel they are OK to drive.

Which is why he installed an Alco-Checkpoint breathalyzer device in his establishment located at 7077 E. Bell Road.

He hopes the breathalyzer unit will raise customers’ awareness, as well as keep them from driving drunk.

“We want people to have a good time,” he said. “I’d rather be on the forefront of things, and if that affects my business negatively, then so be it,” says Phelps.

Phelps’ decision to install the Alco-Checkpoint could be starting a trend for other establishments to help combat drunk driving.

At this time the Tilted Kilt and The Vine Tavern in Tempe are the only two establishments in the valley with breath analyzers.

Phelps recommends that guests use the machine 10 minutes after drinking or smoking cigarettes in order to get the most accurate reading.

The Alco-Checkpoint device is similar to the hand-held breath analyzers already on the market. While never 100% accurate, if calibrated properly, the device should give a reading accurate within 0.01 of a person’s blood alcohol level.

The blood-alcohol-content reading cannot be used in court, and there is a disclaimer on the machine stating that it is for novelty use only.

The Tilted Kilt knows that their device can’t be the be-all, end-all say in whether a person should drive or not, they hope it promotes a positive message…the message of “Don’t drink and drive.”

The Alco-Checkpoint device is an entertaining machine that emulates responsibility, and may be coming to your friendly neighborhood bar soon.

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.

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By ArizonaDUI.com, February 25, 2010 9:06 am

It’s not a bad idea to buy an alcohol breath tester—more commonly known as a Breathalyzer—to have for your own personal use. They can be a great tool for everyone, not just police.

Because a person’s blood alcohol content (BAC) varies based on so many different factors (i.e. weight, muscle mass, recently consumed food, etc.), it’s hard for people to really ever truly know just how much alcohol is affecting their bodies on any given occasion.

That sounds all fine and dandy and it seems that owning a Breathalyzer can be a wise decision. In fact, owning a Breathalyzer may land you the MVP title because everyone will come to you and want to test their BAC levels before deciding to drive or catch a ride home.

So it seems like a no-brainer to have this device as an efficient and smart way to measure your BAC levels, but you want to know if consumer models are accurate and reliable.

While breathalyzers have certain levels of accuracy, they are generally not accepted as a completely accurate way of measuring a person’s blood alcohol content. Therefore, trust should not be placed in any Breathalyzer that a person is below any legal limit, or is “sober.” Breathalyzers can be misused, misread, and miscalibrated—consumer models as well as the ‘more professional ones’ police use.

Develop realistic expectations about the accuracy of breathalyzers and from there, determine whether purchasing one is still something you feel is a wise move.

Flickr User: Morgan.Davis

Depending on how much you plan to rely on a Breathalyzer and how accurate you want it to be, you can decide to purchase an inexpensive Breathalyzer, or a more expensive model. You may find that a cheap Breathalyzer, with a higher tolerance of error suits your needs. The least expensive breathalyzers start at around seventy dollars. There are more expensive breathalyzers available, with a greater degree of accuracy. More expensive breathalyzers analyze the breath sample more thoroughly, and usually have more advanced sensors. These breathalyzers cost anywhere between 120 to 200 dollars or more.

If you decide you want to purchase one, a good place to start looking at breathalyzers is www.breathalyzer.net. Many of the models sold there have been FDA approved, are DOT-approved and many law enforcement agencies use these testers for preliminary screening of DUI suspects. These breathalyzers offer many benefits, including low cost, low power consumption and small size.

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.

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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.

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By thoug, December 8, 2009 9:09 am

This blog entry should not be construed as a way to “cheat the system” or determine how much alcohol you can drink before you drive. The fact is, no alcohol should be consumed before you drive because even small amounts of alcohol can lead to terrible results including accidents and arrests.

The purpose of this blog is to provide a general overview of blood-alcohol content (BAC) for different types of drinks and body weights so that you can understand the “general” effects of alcohol on the body. Keep in mind that everyone is different and many factors affect your BAC, including the amount of food and water that you consume, etc.

For the Arizona Department of Public Safety chart above, one drink is considered to be any of the following: one 1-ounce shot of 86-proof liquor, 3 ounces of wine (which is a very small glass of wine) or one 12-ounce beer. Also, this chart assumes that a person is drinking and absorbing the amount of drinks on the top row (1 through 9 drinks) at about the same time.

Obviously, a person that weighs only 100 pounds will need to drink much less alcohol than someone who weighs 200 pounds to be “presumed under the influence.” In fact, according to the Arizona Department of Public Safety’s chart, a 100-pound person would need to drink only two drinks before they “may be impaired,” and only three drinks before they are “presumed under the influence.”

According to FORCON, a forensic consulting company, during typical social-type drinking, “the highest BAC is usually achieved within 30 minutes after completion of consumption, though it could take as long as 60 minutes. When large amounts of alcohol are consumed over a short time interval, or when a large quantity of food is eaten with the alcohol, the absorption phase may not be complete for up to two hours after last consumption.”

Therefore it’s no surprise that Arizona DUI law mandates that the highest BAC be considered “within 2 hours of driving.” Importantly, most people absorb about only .015 grams of alcohol per hour – the equivalent of less than one drink per hour for most people.

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By admin, September 2, 2009 9:40 pm

Chandler, Gilbert and other labs in Arizona cannot test blood because the vendor of the controls needed to test BAC failed to supply the critical control solutions to the labs. This could affect your case in these and other cites. Contact an attorney at Beauchamp Law Office for more information.