Alcohol has proven to be statistically related to fatal automobile crashes many years ago. Studies have shown that even low doses of alcohol will impair one’s visual perceptions and reaction times.

And for the longest time, there seemed to be no sure-proof, accurate way for arresting officers to prove that a person had been drinking prior to getting behind the wheel other than based solely on one’s demeanor. In the cases of obvious intoxication, sure, but what about all the mild drinkers?

The earliest tests for measuring blood-alcohol content were based upon venous blood samples. And then the first breath-testing device, the “Breathalyzer,” was developed by Robert Borkenstein in 1954. And in more recent years, Interlock systems have been developed.

An interlock system is a device that measures Breath Alcohol Content (BrAC) and prevents a car from starting if the operator has been drinking. This device requires drivers to blow into a Breathalyzer before starting their car (an obvious change in driver behavior). If the breath test system registers alcohol above the legal limit, the vehicle will not start.

This type of device sounds great for preventing people from driving after having had a few cocktails, but there are some negatives associated with them.

These systems currently being sold in the U.S. and around the world are visible interlock system devices. One that might exist in the family car creates an undeniable social stigma that not only the driver, but also the driver’s children and family, must deal with on a daily basis. One major problem with these visible interlock systems is that people won’t install them in their cars because of the social stigma associated with them.

Interlock devices have also been criticized because they require drivers to blow into the device before the car will start as well as after driving for a period of time, so drivers must be able to safely pull over and repeat the test when the machine tells them to. This isn’t practical or safe.

Interlock systems are not wholly reliable or accurate and often need to be recalibrated. They may work for some offenders in some contexts, but not for all offenders in all situations.

While a great idea and a device that has prevented many an intoxicated driver from getting behind the wheel, our American law enforcement has yet to come up with a sure-fire way to test and prove one’s degree of intoxication as an exact measure.

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.

Swerving, delayed reaction time or other erratic driving behavior often signals to a Police Officer that someone’s had a few too many cocktails.

But the trend Arizona law enforcement is seeing more and more are intoxicated drivers who’ve indulged in a different cocktail of sorts.

That is, a mixture of prescription drugs, anti-anxiety or anti-depressant medicines and other recreational drugs.

In fact, the number of drug-related DUI cases handled by the Arizona Department of Public Safety rose from about 4,400 in 1999 to more than 14,700 last year, an increase of more than 230 percent. The state’s population in that period rose only about 38 percent.

These cases are becoming more and more commonplace. Legally prescribed drugs are more accessible, and when they are mixed and mingled – occasionally for legitimate therapeutic purposes but more often because of abuse or ignorance – they can land people behind bars.

Authorities contribute an increase in drug-related arrests to careless use of prescription drugs, better police training to recognize impairment and cutting-edge equipment that detects even traces in blood samples.

Law-enforcement officials also point out that most drug-related DUI cases they encounter are the result of drivers mixing prescription drugs, occasionally throwing in alcohol or recreational drugs.

The people being charged with drug-related DUIs don’t fit the profile of threats to society. In fact, Police find a large portion are professionals or housewives or people who aren’t really well-informed that they shouldn’t be driving.

Turns out, most plead ignorance. Many don’t consider themselves criminals or drug users. They don’t correlate their prescription-drug use with the offense.

What police see on the streets is borne out by research. The Arizona Department of Health Services and the U.S. Drug Enforcement Administration report that more than half of new admissions for addiction treatment in Arizona are for pharmaceuticals.

Please be careful and be mindful of what you put in your body and know that combining substances across the spectrum can affect your body in ways you may not realize.

We read about celebrities every day on the covers of magazines and watch them on the big screens. While they certainly lead a very privileged life, not even they can escape the repercussions of DUI laws.

Former “Hills” star Jason Wahler, most commonly known for his bad boy ways on the MTV reality show and in real life, is going for an all-time international party boy record. He was charged last week with two counts of DUI after his second alcohol-related arrest in a month.

According to the Orange County District Attorney, Wahler — whose blood alcohol level was allegedly .15% when he was busted on March 19 — faces six months in jail if convicted.

Just a week earlier, Wahler was arrested after a bar fight in Cabo San Lucas, Mexico — then mysteriously bailed out and traveled back across the border to start more trouble.

Hopefully he can tame his irresponsible ways and be smarter about alcohol consumption and getting behind the wheel.

Remember, driving while intoxicated is a serious offense no matter your socioeconomic state class in life.

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.

With such strict DUI laws, it’s no wonder Arizona jails are seeing an influx of inmates in recent years. But full jail cells mean empty pockets for taxpayers, and Scottsdale city leaders look for ways to trim costs.

Estimated costs for holding a single inmate for one year is at minimum $20,000. Nationwide, billions of dollars are spent to house, clothe and feed inmates, a large majority of whom have committed petty crimes.

So Scottsdale legislators are looking to cut costs and are considering house arrest for those who have been convicted of driving drunk. Ankle monitors may soon be an option for Scottsdale’s convicted drunken drivers.

These home detention programs aren’t new. In fact, Arizona law has allowed a city or town to create such programs for years, and most Valley city courts already have similar programs. But Scottsdale City Court officials are finally ready to make such a program for its jurisdiction.

On a second offense, DUI offenders are sentenced with about 180 days in jail. That’s roughly $9,000 worth of costs for the city to incarcerate that person for that period of time.

The home-detention and electronic-monitoring plan is scheduled to go before the Scottsdale City Council on its April 27 consent agenda. If approved, court officials hope to have a program in place by summer.

Scottsdale is estimated to pay Maricopa County jails about $3.5 million for the coming fiscal year if nothing changes. A home-detention program is projected to save from $600,000 to $1 million per year.

Officials see the advantage in this type of program to be that home detention helps drunken driving offenders keep their jobs and, in turn, they will be more able to reimburse the court for jail costs.

Certain convicted drunken drivers wouldn’t be eligible, such as a violent person or someone who poses any other additional danger. Also ineligible would be anyone with a domestic violence conviction or if they are unemployed. But he estimates as many as half of Scottsdale’s DUI defendants could participate.

A device would be placed on the person’s home telephone line to determine whether the person is home. The ankle bracelet allows the offender to be away a certain number of feet away from the house.

If they are not home when they say they are, the monitoring company makes a call. Then they notify the court that they weren’t in compliance. Offenders would also have to take a breath alcohol test once a day.

Ultimately, home detention is an option in sentencing.

They’re not free. They still have to stay home, but people would better be able to go on with their lives and able to keep their jobs.

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.

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.

Many of us may still be recovering from last week’s St. Patrick’s Day madness, but it’s a pretty safe bet that a night out on the town is in store for this weekend.

While there may not be a holiday marked on the calendar this week, Scottsdale police know that won’t prevent residents from indulging in one or few too many drinks this weekend.

For all of you planning a big night out in Scottsdale this weekend, be mindful that the Scottsdale Police Department will be in full force.

The Scottsdale Police Department will be conducting an alcohol-safety patrol Thursday and Friday in an attempt to keep residents safe from drunken drivers.

The department’s Decide Your Ride program will be one of the tools to show motorists that driving under the influence is a bad idea. Officers will remind drivers that a $10-$50 cab ride is less costly than an $8,300 DUI ticket.

Scottsdale police officers plan to patrol Scottsdale Road from McCormick Parkway to Cactus Road and Shea Boulevard from 64th Street to the Loop 101 from 7 p.m. to 2 a.m. both nights.

The department says officers will be looking for impaired drivers, but that they’re also intending to educate sober motorists about the dangers of driving impaired.

In speaking with sober motorists, Scottsdale police hope to prevent future driving while intoxicated accidents and incidents.

So remember to be safe this weekend and always drink responsibly. As we learned earlier this week, DUI checkpoints are constitutional and Scottsdale Police may be enforcing these this weekend along with other patrol measures.

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.

Last week, the Arizona Supreme Court agreed to review a Court of Appeals case pertaining to implied consent law for persons arrested for suspicions of DWI.

Whether or not a warrant should be required prior to a blood test in a DWI arrest is what’s causing the debate.

The Supreme Court agreed to consider a recent Court of Appeals decision on the issue. In that recent case, the court had decided that failure to resist a blood test did not constitute consent. In other words, as it stands right now, simply because a person doesn’t blatantly refuse a blood test, does not mean the person has given his/her consent.

The individual under arrest, according to the court, has a right to understand the implications of refusal and verbally and explicitly consent to or refuse the test.

This sounds a bit like how the Miranda Rights came to be…law enforcement providing individuals with an explicit explanation of their rights.

In this case, the Court of Appeals went on to define the state’s “implied consent” law. It stated clearly that a motorist, though he or she will consent to losing the privilege to drive, still maintains the right to withhold consent for a warrantless search.

The Court of Appeals says the law in question is called “implied consent” because drivers are subject to a civil driver’s license suspension if they refuse to have blood drawn.

But the ruling says motorists clearly still have the right to withhold consent for a non-warrant search.

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.

Remember guys – once you have given your license and registration to the police officer who pulls you over, you are not required to answer any of his questions.

A mistake a lot of people make is self-incrimination. Anything you say to a police officer can be used against you later in trial. It is your wisest move to tell the officer you want to speak to an attorney before you move forward with the conversation.

If you have ever been arrested, that fact will never change. Years from now if a potential employer asks you if you’ve “ever been arrested,” that answer will always be yes. No matter what happens after the arrest—conviction, acquittal, or dismissal—the arrest still happened.

If in fact, you were arrested for a DUI and convicted, the DUI can stay on your record indefinitely. Most people believe that a DUI will automatically be removed from your record after a certain period of time, but that is not always the case.

Many States have laws in place that will keep a DUI on your record for a certain number of years, while other States do not have such laws and a DUI can stay on your record forever in one of these States.

If you are an adult when you are arrested and convicted of a misdemeanor (in this case—your DUI), it remains. You may file a motion to set aside the judgment, which is a way to expunge the criminal misdemeanor conviction from your record.

If this is granted and someone performs a background check on you, they will not find it. When they perform a detailed criminal background search, they will see the charge & conviction but that it was set aside.

If you have been convicted of a DUI, you are going to run into situations from time to time where you will have to show your DUI record.

The most obvious example is when applying for a job that requires you to drive a company vehicle. In a case like this, an employer is going to want to check your driving record.

There are many employment opportunities out there that you can still land even if you’ve been convicted of a DUI.

Don’t allow a DUI conviction to control your life forever. Find out from your local DMV office when you can file the necessary paperwork to expunge your record.

If you find yourself in a situation where you just don’t know how to proceed in clearing your DUI from your record, it is strongly suggested that you seek out a qualified DUI attorney who can help expunge your record.

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.