Arizona’s DUI laws have rightly earned their reputation of being some of the nation’s strictest. According to state law, an officer can arrest and send you to jail even if you are below the legal .08 limit.

“If I feel that you are impaired to the slightest degree, I’m going to arrest you for DUI,” Glendale police Sgt. Mark Malinski said in an interview with The Arizona Republic.

Malinski, who heads the West Valley DUI Task Force, has seen quite a few impaired people taken off the road. And while there’s no way to know whether that impaired person would have been involved in a crash, he says he knows he’s making a difference.

“I feel like we’re actually accomplishing something. A lot of the people that we arrest don’t realize that we’re actually trying to save their life.”

Arizona has about 20 DUI-related task forces, including Malinski’s, one in the East Valley and several in the northern and southern parts of the state.

And every year, these task forces pull over and send more and more impaired drivers to jail. In 2009 alone, the West Valley force made over 4,000 misdemeanor DUI arrests, up from 3,300 in 2008.

Alberto Gutier, director of the Governor’s Office of Highway Safety, called the task forces “incredibly effective” in the article.

“What it is is a message to people that they can celebrate, they can enjoy, but if you’re going to drink too much, get a cab, get a designated driver, or walk home, but don’t get behind the wheel of a car,” Gutier said to The Arizona Republic.

The Office helps sponsor the Task Forces, including helping to pay overtime for the officers involved. On the agency’s website, a note reminds driver’s of the very real consequences of drinking and driving–no matter how slightly intoxicated–in Arizona:

The police officers, highway patrolmen and sheriff’s deputies in the State of Arizona have a Zero Tolerance policy towards individuals driving under the influence of alcohol and/or drugs.

Please do NOT drink and drive. Call a cab. Bring a sober designated driver. Have a sober friend or family member come pick you up. The risks are definitely not worth it.

And remember: Drive Hammered… Get Nailed!

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 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.

Glendale is getting a lot of media attention surrounding DUIs lately, but not for reasons that seem so obvious.
We blogged Monday about how over 100 volunteers in the Glendale DUI task force save the city police department nearly a half million dollars annually.
And now, we’re reporting that Glendale motor officer David Vidaure has recently been honored for his dedication to removing tipsy drivers from the streets of Arizona.
The Arizona chapter of Mothers Against Drunk Driving presented Officer Vidaure, age 31, with one of its 2010 DUI Enforcement Awards for his “outstanding commitment” to reducing drunken driving.
Following in the footsteps of his father, a retired DPS motor officer, Vidaure said he was drawn to police work at a young age. Vidaure actively pursued a position with the DUI squad after starting with the Glendale department as a patrol and neighborhood traffic officer in 2003.
Vidaure was nominated for the award by his supervisor, Sgt. Mark Malinski, who wrote a glowing four-page letter to MADD explaining why Vidaure deserves recognition.
Apparently Sgt. Malinksi has a way with words.
Vidaure was selected for the “outstanding commitment” award not only because of the outstanding letter his Sgt. wrote, but also because of his high number of DUI arrests and professionalism on the job.
In recognition, he was given an honorary plaque and honored at MADD’s banquet in February along with about 20 other officers from throughout the state.
In 2009, Vidaure had a highly successful year. He arrested 128 suspected impaired drivers, the most of any Glendale officer. Aside from arrests, he volunteered his time speaking at local schools on the risks of impaired driving or driving while texting. Vidaure’s peers also selected him to receive the award for Glendale Motor Officer of the Year.

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.

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.

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.

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.

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.

Being arrested for a DUI can be a very scary experience, but it’s important to remain calm and try to stay in control of your situation. Becoming angry, emotional or defensive won’t help your case but rather, will probably make the arresting officer more apt to put you behind bars. Becoming hot-headed may also make it more difficult for a lawyer to later effectively argue your defense in court to prove your innocence or get the charges reduced.

Once arrested for a DUI, it is wise to seek counsel immediately. DUI defense lawyers have specialty training and knowledge that can really help get you out of the charges or help get you minimal punishment. The single most important thing you can do for yourself is to find a qualified attorney who knows DUI law.

Expect the DUI lawyer to initiate a comprehensive interview with you before accepting your case. The information exchanged between you and your potential defense lawyer is completely confidential, so feel free to share every tiny detail and be honest with this person.

The lawyer will review all of the written documents pertaining to the arrest, the breath or blood test report, and the traffic ticket that was written. This initial interview should last approximately an hour. The lawyer will discuss every aspect of your DUI case and the applicable laws at this time.

If the lawyer decides to accept your case, he or she will then present you with a detailed written contract for your review. If you agree to the terms of the contract, you will then become the attorney’s client and the attorney will then start the representation process.

In every state, when someone is arrested for DUI, there are two jurisdictions to defend oneself against—the court and the DMV. The court will try to give you fines and punish you in other ways, and the DMV will try to take away your driving privileges.

There are strict time limits within which the DMV must be contacted to avoid automatic license suspension. Your lawyer should be able to advise you on such details.

Really, this is the tip of the iceberg, as DUI arrests can be very sticky situations. Stay calm and contact a DUI lawyer to ensure you’re best representing yourself and what took place the night you got arrested for DUI.

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.