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By thoug, December 1, 2009 10:53 am

No time is a good time to drink and drive, and no time is a good time to get arrested for drinking and driving. That said, most of the statistics regarding the time of day, day of the week and month of the year for DUI arrests will probably not surprise anyone.

DUI Arrests by Month of the Year

The most common month to get arrested for a DUI is December, and this is due to many factors including the high number of holiday parties in December. The consensus among DUI lawyers is that more people drink socially, and then drive, during the holidays.

Also, DUI task forces are more prevalent during the holidays. These statistics bear out in a 2009 report from the Gilbert, Arizona, Police Department. When looking at the statistics for DUI arrests per month from 2006-2008 in Gilbert, there was an average of well over double the amount of DUI arrests in December (more than 350) as compared to the average for the other 11 months.

DUI Arrests by Day of Week

A 2008 survey of DUI offenders from the state of Montana provides some very interesting information with regard to the circumstances surrounding the DUI arrests of 3,388 people in Montana that year.

Among other findings, it was noted that 24% of offenders were arrested on Saturday, 23% were arrested on Friday and 14% were arrested on both Thursday and Sunday. Nearly 75% of DUI arrests were made from Thursday through Sunday.

DUI Arrests by Time of Day

The 2008 Montana survey also showed that the most common hours of the day to be arrested for DUI were between 2 a.m. and 3 a.m. (18%), between 1 a.m. and 2 a.m. (17%), between midnight and 1 a.m. (13%) and between 11 p.m. and midnight (11%). Nearly 60% of DUI arrests were made between 11 p.m. and 3 a.m.

The Most Dangerous Days to Drive: Holidays

It should be noted that the most dangerous days of the year to drive include Thanksgiving weekend (548 deaths in 2007, with 35 percent alcohol related) Labor Day weekend (519 deaths, with 40 percent alcohol related), Memorial Day weekend (491 deaths, with 38 percent alcohol weekend) and July 4 (200 deaths on that day alone, with 44 percent alcohol related). Information is provided by the National Highway Traffic Safety Administration. See this chart for more stats regarding holiday travel.

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By thoug, December 1, 2009 10:42 am

The answer to this question covers a lot of ground, but here are some major points:

Although every city in Arizona is a little different from a timing/procedural standpoint, the laws for Arizona DUI are the same. Whether you are arrested in Chandler, Phoenix or Mesa, you can expect similar things to happen to you…

When you are arrested, you will be provided with an arraignment date, most likely in that municipality. This begins the pretrial phase of the legal process. If you would like to gain the services of an Arizona DUI attorney to represent you, that should be done before the arraignment date and shortly after your arrest.

Generally speaking, the Arizona courts strive to push DUI cases through the court system and gain a plea from the defendant within about 120 days, give or take. If you go to trial, this process could take considerably longer. At the Beauchamp Law Office, and in general, the great majority of DUI cases do not go to trial. In fact, perhaps 95 percent of all DUI cases in Arizona end with a plea of guilty.

Once the pretrial period is complete, and your lawyer performs their discovery (interviews and research of the details surrounding the case), they will advise you as to what your options are. Together, you will decide how to move forward based upon the facts in the case, and your personal motivations.

If you plead guilty or are found guilty by a jury, other legal consequences will include mandatory jail time, fines, counseling, a suspended license and an ignition interlock device.

Jail Time

Jail time for a first offense is 10 days (9 days may be suspended), and it is becoming more common for defendants to be sentenced to an increasing number of days in jail as the BAC increases – especially if they were involved in an accident.

Fines and Costs

Those arrested for DUI can expect fines and associated costs (not including lawyer fees) of about $1,800 to $2,000 by the time their case is resolved. That number doubles for extreme DUI (.20 or more), and for multiple convictions within seven years.

Counseling

Counseling is also mandatory for those convicted of DUIs, and this is done through the Arizona Motor Vehicle Department. A certified counselor determines how many hours of counseling each driver must receive. It could be perhaps 16 hours, or perhaps 60, or a number outside of that range.

License Suspension

A first-time convicted driver will have their license suspended completely for 30 days, and for as many as 90. However, in many cases the guilty party can drive with strict guidelines (to and from work and counseling, etc.) for 60 of those 90 days. Your license will be automatically suspended 15 days after you are arrested unless you request a hearing, which an Arizona DUI lawyer can help you with.

Ignition Interlock Device

Also, an ignition interlock device must be used by first-time offenders for 12 months. For first-time offenders who have a BAC of .20 or more, the requirement is 18 months. There is no way around this.

When all is said and done, it typically takes a first-time DUI offender (BAC under .20) about 18 months after their arrest to resume the “normal” manner in which they used to drive – without an interlock device, etc.

We will continue to delve more into the finer details of DUI law and related topics in future blog posts.