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By thoug, January 6, 2010 12:42 pm

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.

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By thoug, January 5, 2010 11:12 am

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.

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By thoug, January 4, 2010 10:34 am

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.

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By thoug, December 31, 2009 8:47 am

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.

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By thoug, December 29, 2009 9:39 am

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.

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By thoug, December 28, 2009 2:09 pm

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.

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By thoug, December 28, 2009 10:37 am

Most people are unaware that it is a felony in Arizona tbe convicted of a DUI with a minor 15 years of age or younger in the vehicle. For residents or visitors whwere unaware of this – you are about tfind out the extreme consequences of this aggravated DUI charge…

Even if it is a driver’s first DUI – and even if the driver is impaired tthe slightest degree by less than the .08 blood-alcohol content required tbe DUI – the driver will be charged with aggravated DUI. This is the most severe DUI on the books in Arizona – a class-4 felony that will most likely entail:

• Four months in prison
• At least $4,000 in fines and fees
• Probation
• An ignition interlock device
• License revocation for 3 years
• Your car being impounded

In addition tbeing convicted of a DUI with a minor in the vehicle, you can alsbe charged with aggravated DUI in Arizona if you had twprior DUI convictions within a period of 84 months (seven years) of the third DUI conviction.

Contrast this with Wisconsin, where a new law will make first-offense drunk driving a misdemeanor if a child younger that 16 is in the vehicle. All other first-time offenses would remain traffic offenses. Sources site Wisconsin as the only state tcurrently treat first-offense DUIs this way.

The point here is tnever have even one drink if you need ttake your 15- year-old (or younger) ta party, or ta school event or tthe dentist. Aggravated DUI in Arizona brings consequences none would find easy. A $100 cab fare or finding other reliable transportation is well worth it.

Although DUIs should rarely come as a surprise tany driver, the Beauchamp Law Offices realize good citizens get arrested for DUI every day in Arizona. If we can help you build your case, please contact us.

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By thoug, December 23, 2009 9:48 am

Along with the fun of sharing joyous times with friends and family, and toasting the holidays, comes responsibility. Consider reminding yourself, those that you love and your friends how important it is to refrain from indulging in alcoholic beverages (and/or drugs) and getting behind the wheel.

You’ll be glad you were called a party pooper the minute someone needs a ride home and can count on you to get the job done – without putting yourself or others on the road at risk. Nothing can ruin a festive holiday season like a driving accident or DUI arrest. Not to mention, you’ll be spared the awful hangovers too.

Driving under the influence results in a substantial amount of annual fatalities in Arizona, and throughout the country. Keep in mind that, by far, the highest percentage of DUI arrests occur in December. According to the National Highway Traffic Safety Administration, there are 36 alcohol- related traffic fatalities on a typical day. But on New Year’s Eve, there are 54.

Setting up a designated driver system is easy:

• Recruit designated drivers among partygoers and calculate how many people will need rides. See if the geographic areas where people live, and the number of drinkers, work out so that everyone can get a safe ride home.
• Have cab company phone numbers handy so you can help provide prompt service. Certainly assist people in calling if they hesitate to call themselves.
• If you are at a bar, be aware that it takes longer to feel the effects of alcohol after someone has eaten, especially if it was a fatty meal. A few beers consumed during a meal can catch up with a driver.

Relish the wonderful holiday spirit. But always keep track of exactly how much alcohol you have consumed over a specific timeframe. Sometimes it’s easy to lose track. If you are unsure, always err on the side of caution and get a ride from a dependable, sober driver.

We see it every holiday season at the Beauchamp Law Offices… an increase in DUI arrests. We hope you won’t need our services, but if you do, we are here to ensure your rights are enforced. Happy Holidays!

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By thoug, December 22, 2009 9:58 am

It’s bad enough for a man to get a DUI. But if that man is wearing high heels, a skirt and a push-up bra, he’s got even more explaining to do. If it does happen to you, try not to fumble for your purse, of course.

Federal Judge Robert Soma, (now former judge) was driving his Mercedes-Benz E320 when he rear-ended a pick-up and tested over .08 for blood-alcohol content. And, the cross dresser tore his fishnets and lost his balance when he couldn’t properly stand in his heels when he got out of the car.

Surely the New Hampshire arresting officer was taken aback. Makes you wonder if it’s worth it (for both men and women) to carry some flats to slip into just in case?

In all seriousness, keeping your license and registration handy in your car is very important because the officer will be paying very close attention to how easily (or poorly) you produce these materials. Promptly retrieving the documents gets you off on the right foot, even if you’re wearing heels.

On a more somber note, the Orlando Sentinel recently reported a young woman received 15 years in prison, and more than $7,000 in fines, for a DUI resulting in manslaughter. And to make matters worse, she chose to resist the officer with violence, fled and was eventually caught.

According to the Dec. 4, 2009 edition of the Sentinel, Erika Selman “was sentenced to five years in prison, to run concurrent with the 15-year sentence, for the resisting violence charge…”

Nothing good can happen when you get arrested for a DUI, so much of what must be done is to minimize the damages. When you try to resist or run, it only makes matters worse. It is highly likely that a person who shows respect and remorse, and does not flee, will receive a more acceptable sentence. Although Ms. Selman may not look like a bad person in her jail photo, there’s no doubt that alcohol can have extreme effects.

Remember to always be prepared and respectful if you are pulled over for DUI in Arizona, or any state for that matter. And, be sure to find yourself a DUI lawyer who can ensure your rights are protected.

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By thoug, December 21, 2009 9:12 am

It’s one thing to get a DUI in the Phoenix area, or anywhere in Arizona for that matter. But if you find yourself traveling and are faced with a DUI arrest, it could raise a whole new set of questions and concerns. Here is some advice to follow on out-of-state DUIs:

Check that state’s motor vehicle department website regarding the status of your license. Also check the website of the applicable district court where you were arrested. Look for information regarding local and state laws, and how the DUI process works in that jurisdiction.

Typically, the state in which you obtained your license will decide criminal and civil penalties. But almost all states have an interstate compact to share information, which means you need to follow the procedures in both Arizona and the state in which you were arrested.

More States With Tough DUI Laws

Some of the toughest states for DUI are Arizona (of course), New York (perhaps even tougher than Arizona), California, Washington, Illinois and Minnesota.

The harrowing thing about getting arrested for DUI outside of the state in which you reside is that you have to follow the same DUI process as if you are a resident of that state. This means it is wise to find a DUI lawyer from the state in which you were arrested. You will initially have to go to their court. However, if you are very polite and do not possess a prior record, the judge may allow you to follow up in absentia through your attorney.

If you are required to attend a traffic school, make sure the school is approved by the state where you were arrested. Also, check for online classes.

Helpful Resource

One helpful resource for those arrested for an out-of-state DUI is the unofficial DMV guide. The site is sponsored by insurance companies, and we are not necessarily endorsing it. But it does link to forms and relevant websites nationwide. Stay well-informed through your DUI attorney if you are arrested for an out-of-state DUI, and always conduct yourself as instructed. This will help you get through the process as smoothly as possible.