Comments (19)

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.

Comments (4)

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.