An Explanation of Arizona DUI Laws

Overview:

On September 19, 2007, new laws imposing increased penalties for DUI offenses became effective in the State of Arizona.  Publicized by the “catchy” phrase of “Avoid the Max,” these new laws are not only aimed at first time offenders, but also created a new class of offense, the Super Extreme DUI violation.  Arguably, Arizona has now instituted some of the toughest DUI laws in the country.  A DUI conviction is a serious and unpopular offense which will create a permanent criminal record that can never be expunged or erased.  Because a conviction of a DUI will carry significant consequences, you should contact a qualified attorney who understands the seriousness of your situation.  A conviction for a first offense will involve jail time, a substantial fine, license suspension, interlock device, attendance at court-ordered substance abuse counseling, requirement of an interlock device, and probation for one to three years.  Simply put, while it’s not illegal in itself to drink and drive, it’s not worth it!

What happens when I am stopped by a police officer on suspicion
of driving while impaired?

According to the National Highway Traffic Administration, most DUI arrests occur at night and on weekends.  Police officers are trained to collect evidence by observing driving infractions that may or may not be symptoms of impairment, such as weaving, swerving, speeding, failure to turn on headlights at night or driving too slow.   Determination of physical symptoms of impairment can be bloodshot eyes, odor of alcohol, slurred speech or swaying.

A good case study of what NOT to do when stopped by a police officer is the December  2008 arrest of a well known sports professional (“Mr. Blank”) for DUI.  According to the police report, Mr. Blank was stopped because he rolled through a stop sign.  Predictably, the officer noted in his police report that Mr. Blank had “bloodshot watery eyes” and “odor of alcohol on his breath”.  The officer then proceeded to ask Mr. Blank if he had been drinking to which Mr. Blank admitted that he had “had a couple” of drinks.  Mr. Blank should have politely refused to answer any questions and requested a lawyer immediately upon being stopped.  You don’t have to answer incriminating questions simply because an officer is asking you questions.

Mr. Blank was then asked to voluntarily take standard field sobriety tests, including the horizontal gaze nystagmus (eye twitch test) to which he agreed.  However, Mr. Blank was not legally required to submit to these field sobriety tests.  These field sobriety tests are designed for the suspect to fail and are merely tests designed to provide the officer with additional evidence of proof of impairment.  Unlike the chemical test, Mr. Blank should have refused to submit to these field sobriety tests.

What is required of me under Arizona law?

1.    Exit your vehicle if requested
2.    Produce requested documents
3.    Submit to a blood, breath or urine test if the officer requests it  

What is not required of me under Arizona law?

1.    You are not required to answer any questions
2.    You are not required to take the field sobriety tests
3.    You are not required to blow into a hand-held preliminary testing devise        (usually requested where you were stopped, but not always)

Am I required to submit to a blood test or breath test?

Pursuant to Arizona law, you must submit to whatever form of chemical test chosen by the officer, usually blood or breath.  Additionally, every person who drives a motor vehicle is deemed to have given their consent to a test of their blood, breath, or urine for the purposes of determining blood alcohol concentration.  Any refusal to agree to the test or submit to the test will result in your driver’s license being suspended for twelve months.  Even if you do refuse to comply with the chemical test, the officer could (and usually will) obtain a search warrant and forcibly draw your blood. 

What are the penalties for a DUI conviction?

The simple answer is it depends.  It depends on whether this is your first conviction or have you had prior DUI convictions?  If this is not your first conviction, you can expect dramatically more severe consequences.  It also depends on your blood alcohol level (BAC) at the time (and within 2 hours) of driving.  As you can imagine, the higher the level the steeper the penalties.  The following are just some of the consequences you will be facing:

(1)      Mandatory minimum jail time depending on the conviction;
(2)      Jail fees;
(3)      Probation;
(4)      Various and substantial fines and costs;
(5)      Alcohol/drug classes at your expense;
(6)      Interlock device on your vehicle at your expense;
(7)      Court fees;
(8)      Surcharges;
(9)      Driver’s license suspension;
(10)    Criminal conviction on your record
(11)    Derogatory “points” added to your driving record; and
(12)    Increased insurance rates.

Interlock Device:

Arizona now joins the state of New Mexico in requiring all DUI offenders to install an interlock device in their vehicle for a minimum of twelve months.  This interlock device requires the driver to successfully pass a blood alcohol concentration (BAC) test before starting their vehicle.  Before the vehicle will start, the driver must blow into the interlock device and register a breath test.  If the breath test registers the driver’s BAC test above a certain minimum limit, the starter on the vehicle will lock and the driver can’t use the vehicle.  Furthermore, the driver will also be required to perform additional breath tests at random intervals while the vehicle is being driven.  Moreover, these interlock devices do not come cheap as you must pay the entire cost for the interlock installation, usage, and maintenance, as well as the rental fee of the interlock device itself.  Rental fees for the interlock device can cost up to $100.00 a month, or upwards of $1,200.00 for the duration of the court’s orders.

Why Should I Hire an Attorney?

Arizona law does not allow a prosecutor to dismiss a DUI charge unless insufficient legal or factual grounds exist to pursue the case.  Consequently, prosecutors are unlikely to agree to a plea bargain for a lesser charge unless they think a conviction is unattainable.  However, the State of Arizona must prove each and every element to obtain a conviction.  Therefore, a qualified attorney will obtain and review the police reports for inaccuracies, mistakes and inconsistencies; obtain independent expert analysis of the blood sample to determine the accuracy of the result; obtain independent expert analysis to determine if the blood or breath test was properly administered in compliance with Arizona law.  A good DUI attorney can exploit any flaws in the State’s evidence and mistakes made by the police.  While hiring an attorney will not guarantee you a successful outcome, it will guarantee the most successful outcome possible.  As the State of Arizona will be represented by an attorney, so should you.