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By ArizonaDUI.com, March 10, 2010 11:24 am

The Arizona Legislature continues to crack down on DUI offenders, tightening the leash and enforcing harsher punishments. Despite law enforcement’s efforts to discourage drunk driving, there continues to be a constant number of cases.

So if harsher punishments aren’t decreasing the number of DUI incidents in Arizona, what might help? One device picking up steam is what is called a SCRAM bracelet. This Secure Continuous Remote Alcohol Monitor (SCRAM) is an 8-ounce bracelet made by Alcohol Monitoring Systems Inc. and is worn by offenders continuously, 24 hours a day, monitoring sweat through transdermal analysis.

The SCRAM bracelet measures alcohol using the same fuel cell technology used by most portable breath testing devices. The bracelet is able to work because alcohol is released through sweat and leaves the body unchanged because it’s not metabolized through the liver.

Later, the information collected by the bracelet is downloaded into a modem and maintained by management company, Intercept LLC.
The bracelet essentially measures the amount of ethanol in a person’s sweat.

This technology helps people stay sober and determines their compliance with court orders restricting them from alcohol use. Previously, blood alcohol or breath tests indicated alcohol use at that time, not in the hours before or after the test was completed. This device is tamper proof, as the management company is alerted if offenders try to remove the bracelet or place something around their skin to prevent it from taking any readings.

The device is not 100% accurate, but in the case of false positives, it is a quick process of determining whether offenders drank alcohol or their ankle was exposed to something such as hairspray, based on the rate of its metabolism.

The bracelet’s battery is good for about 90 days and an alert is made if the battery is getting low. SCRAM is paid for by the offenders, costing about $12 a day.

SCRAM bracelets have been an option for a few years, but haven’t been widely used just yet. They’re definitely a great option to continuously monitor alcohol intake.

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.

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By ArizonaDUI.com, February 10, 2010 12:28 pm

The Federal government defines a felony as a crime punishable by death or imprisonment in excess of one year. A misdemeanor is a “lesser” criminal act and is often punished with monetary fines.

In the state of Arizona, DUI cases are typically treated as misdemeanors. Under some circumstances, however, a DUI can be treated as a felony. A DUI will be treated as a felony if:

1) The accused person has two or more DUI offenses within the past five years
2) The accused person committed the DUI offense while his/her driving privileges were suspended
3) A child under the age of 15 is in the car at the time of the drunk driving offense

Another very serious and unfortunate reason why even a first time DUI will be raised to a felony is if someone was injured or killed as a result of a drunk driver. If such serious injury occurs because of an intoxicated driver, the at-fault driver will likely be charged with felony vehicular manslaughter, or even worse, vehicular homicide, which carries a harsher sentence if the defendant is convicted.

For first-time offenders, DUIs will generally be considered as misdemeanors. But just know that repeat offenses or a criminal record can result in different types of punishment and penalties. Punishment for DUIs may include a term of incarceration in the county jail or state prison, fines, suspension of driving privileges and attendance in an alcohol education course.

The difference between a misdemeanor and a felony may have very real effects on your everyday life from here on out. For example, when applying for a job, housing, or even credit in some cases, some employers may be unwilling to hire anyone with a felony conviction on record. While not all, some employers, landlords, and lenders may be willing to do business with someone who has what is only considered a “minor” misdemeanor conviction.

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.

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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, 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 8, 2009 1:02 pm

Arizona DUI laws provide for the toughest penalties in the nation. Getting caught for one DUI in Arizona is a life-changing event, but there are thousands of Arizonans who become repeat DUI offenders every year.

Nearly all of the penalties that apply to first-time DUI offenders also apply to repeat offenders, only to a more serious extent. To be considered a “repeat” DUI offender in Arizona, you must be arrested twice for DUI within an 84-month (seven-year) period. If you are arrested three times in 84 months, this is considered an aggravated DUI.

The implications of being arrested more than once for DUI in Arizona should be considered. The following information is provided by the Arizona Department of Transportation’s Division of Motor Vehicles website. Not listed below are the 8 points assessed to your Arizona driver’s license for DUI, and any increased car insurance rates.

DUI (.08-.14 BAC)

For second and subsequent offenses of DUI, offenders are jailed for not less than 90 days, fined not less than $500 and their license is revoked for 12 months. Offenders must also undergo alcohol screening/education/treatment and equip every vehicle they drive with a certified ignition interlock device. Community service is also required.

Extreme DUI (.15 BAC or higher)

For second and subsequent offenses of extreme DUI, offenders are jailed for not less than 120 days, fined not less than $500 and their license is revoked for 12 months. Offenders must also undergo alcohol screening/education/treatment and equip every vehicle they drive with a certified ignition interlock device. Community service is also required.

Aggravated DUI

If an offender commits a third DUI in 84 months; commits a DUI while their license is suspended, revoked or canceled; or commits a DUI while a person under 15 years of age is in the vehicle, they have committed an aggravated DUI in Arizona.

Offenders are sent to prison for not more than 2 years and fined at least $4,000. In addition to any other penalty required by law, their license is revoked for 3 years, and they are required to undergo alcohol screening/education/treatment and equip any vehicle driven with a certified ignition interlock device. Community service will also be ordered.