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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 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 15, 2009 9:42 am

Many people who have been arrested for DUI figure they can handle their own case because they consider themselves a quick study. However, it is in the defendant’s interest to hire an attorney.

Regardless of which attorney you decide to hire – even if it’s not one from the Beauchamp Law Offices – hire an attorney if one is not appointed to you. As Arizona state DUI law evolves, the penalties increase, and the process of seeing the case through to the end becomes more complicated.

Everyone arrested for DUI should take it upon themselves to ensure that their rights are protected. Too many times, people who have represented themselves or chosen inadequate counsel have unnecessarily cost themselves some of their freedom.

If you follow these tips to guide you as you search for a qualified DUI attorney, you can feel much more confident as you proceed:

1. Resist the impulse to select the first name you see. An ad appears on late-night TV, you’re all stressed, so you call. Focus on research, not impulse.
2. Start by asking, “are you experienced with DUI?” But don’t stop there. Ask them what they know about decreasing or eliminating each of the following penalties: fines, ignition interlock, alcohol screening, alcohol counseling, suspension of driving privileges, community service, probation and jail time.
3. Ask which courts the lawyer has tried cases in to see if yours is included. The following prosecutors’ offices each have their own DUI processes: Mesa, Scottsdale, Phoenix, Gilbert, Tempe, Chandler, Glendale and many other cities in metro Phoenix.
4. Will one attorney handle your case in its entirety? Get the law firm to ensure that the staff handling your case will be stable.
5. Ask the prospective firm to share their specific plan for investigating and analyzing your case. If they don’t provide a detailed description of this process, that’s a red light.

A DUI case is a life-altering event that can threaten your job, mobility and reputation if poorly managed. The best attorneys know everything there is to know about DUIs. Ask the hard questions and make sure you are satisfied with all the answers.