Detroit Tiger Miguel Cabrera was arrested DUI last month. Officers found Cabrera inside his vehicle alongside the road. Police claimed he had a whiskey bottle in his possession and drank in front of the officers. Law enforcement accused him of being uncooperative and took him to jail after he refused a breath test. He was charged with DUI and resisting an officer without violence.
]]> While Cabrera and Crisp formulate their defense strategies, they will also have to be careful to avoid another DUI arrest. Under the current Arizona law, Crisp will already face the possible installation of an interlock device in his vehicle if he is convicted. But Arizona dishes out especially tough punishment upon repeat DUI offenders, potentially including mandatory jail sentences, license suspension and expensive fines.DUI charges also present the accused person in a negative light to the community, even when the charges lack merit. Ordinary people accused of drunk driving have to work to restore their reputation in society, just as Crisp and Cabrera are tasked with. A crucial part of that process is forging a sound defense strategy and achieving the best possible outcome, so the accused may move past the ordeal and get on with his or her life.
Source: abc15.com, "Oakland A's outfielder charged with DUI in Scottsdale," 3/2/2011; msn.foxports.com, "Tigers' Cabrera charged with DUI," 2/17/2011.
]]>The number was so high because police departments in Phoenix and across all of Arizona participated in a state-wide crackdown. In fact, the police stopped over 41,000 drivers during this stretch.
Does a DUI Arrest Mean the Accused Person was Driving Drunk?
No. There were 3,534 DUI arrests during the extended holiday season, but the resulting number of DUI convictions will be significantly lower. The DUI conviction rate varies greatly from county to county. Some areas have DUI conviction rates above 90 percent, while other places convict 75 percent or less of the accused offenders.
]]> The ability to successfully defend a DUI offense charge probably has less to do with the county's DUI conviction rate and depends more upon the quality and extent of evidence that the accused is facing, and of course his corresponding defense strategy.Defending DUI Charges
Skilled DUI defense lawyers have been attacking the results of breathalyzer tests for quite some time, as scientists have consistently shown the inaccuracy of these breath-test machines. Even the modern, top-quality models are unreliable if they aren't properly calibrated. Their accuracy can also be affected by temperature, breath-rate or breath-depth, GERD (acid reflux) and the proper administration of the test by law enforcement.
Even when a blood test or sobriety test is used in the prosecution's case, there may be weaknesses that a defense lawyer can attack. Each situation is unique and requires careful examination by a DUI defense attorney. In appropriate circumstances, a skilled lawyer may also work with prosecutors to reach a plea bargain that is acceptable to the defendant.
If I'm Convicted, What Punishment do I Face?
A DUI arrest may hurt somebody's reputation in the community and cause stress on the family. But a DUI conviction raises the stakes, as it results in punishment by the legal system. Like most states, Arizona law provides for some pretty significant punishment for DUI offenders. However, the punishment depends on the charges involved.
First time DUI offenders should always take their charges seriously and contact an attorney, but they aren't facing the heightened consequences of someone who has been accused of a repeat DUI, extreme DUI or aggravated DUI.
When accused of DUI, the most important thing is to appreciate the severity of the charges and contact an experienced attorney to help defend against them.
Source: Arizona Range News
]]>What is surprising is just how high the rate of fatal accidents over the New Year's holiday truly is: according to a recent study by the AAA Foundation for Traffic Safety, almost two and a half times as many alcohol-related traffic deaths occur on New Year's Day compared to a typical day this time of year. On average, 80 people are killed in alcohol-related crashes on New Year's Day each year.
Keep the Holidays Happy
Even with multiple social obligations on New Year's Eve, it is easy to stay sober and safe. When planning your evening, consider the following:
]]>If you do have too much to drink, leave your car at a friend's house and seek a ride from a sober driver. It may be an inconvenience, but it may also save your life.
An Attorney Can Help
If you or someone you love is arrested for DUI, contact a knowledgeable DUI attorney. An experienced DUI lawyer can assess your case and help protect your rights. For more information, contact an attorney today.
]]>The campaign falls under Governor Jan Brewer's "Drive Hammered, Get Nailed" initiative to detain suspected drunk drivers and severely punish those convicted of DUI offenses. The Governor's Office of Highway Safety is organizing the collaboration of the Department of Public Safety, the Maricopa County Sheriff's Office, as well as Mesa and Phoenix Police Departments.
What to Expect from the Campaign
Alberto Gutier, Director of The Governor's Office of Highway Safety, stated, "We want to remind people to enjoy the holiday season, but do so responsibly by 'Getting a DD...Not a DUI.'"
Expect more police officers on the road for the rest of 2010. The police will be pulling more people over and administering more field sobriety, breath and blood tests. The police will also be targeting open container offenses and drug-related DUI.
]]> Avoid Problematic SituationsThe safest way to steer clear of DUI-related charges over the holidays is to altogether avoid drinking and driving. Friends and family should take turns as the designated driver for each day or night of fun. Public transportation is also available in the Valley Metro area.
If you must drive after consuming alcohol, give yourself plenty of time to sober up. Grab a glass of water and wait it out. Ensure you can drive safely and that you are below the legal blood-alcohol concentration limit of .08.
If you are facing DUI charges it can feel overwhelming, but it is not the end of the world. A skilled DUI attorney can help you assess your defenses and the evidence against you. You can work with the lawyer to find the best possible outcome for you and your family.
Source: KPHO.com
]]>The home detention program allows qualifying DUI offenders to serve a portion of their sentence at home, but only after serving the first 15 days in jail. Once home, the violators are monitored by tracking bracelet, and must have interlock devices installed on their vehicles.
]]> One DUI defense attorney predicted that the best candidates for the home detention program will be those convicted of their first "extreme" DUI, where the arrestee's blood-alcohol concentration reaches at least .15 percent. These violators are good candidates for the program because they are likely serving somewhat lengthy sentences yet haven't shown an inclination to continue driving under the influence.The measure had unanimous support from Gilbert's city council as means of saving costs. Gilbert currently sends many DUI offenders to "tent city" in Maricopa County, reportedly costing nearly $500,000 in the past three months alone. Advocates have claimed that the new program could save the city as much as $700,000, annually.
Gilbert is going to closely scrutinize the effectiveness of the program over the next eight months to determine what impact it actually has in saving money and keeping citizens safe.
Source: KPHO.com
]]>Phoenix did poorly, placing fourth, only behind San Diego, San Jose and Charlotte. The study, created by insurance.com, utilized data supplied by people seeking car insurance quotes to draw its conclusions. While it's not the most scientific study, it likely provides a good indicator as to where big cities stand in their drunk driving problems.
]]> Why the Poor Ranking?Insurance.com also presented several possible reasons for the results of the study, the first being the obvious conclusion that the poorly ranked cities have the highest amount of persons who drink alcohol in general. Phoenix is known as a party city; Arizona State University (ASU) is annually recognized as a top party school, ranking sixth this year in Playboy's party school rankings.
Another reason for Phoenix's poor rank may actually be that it is addressing its drunk driving problem. A city making a strong effort in DUI enforcement will presumably net more DUI convictions than a city that is comparatively lax in busting drunk drivers. While it is tough to directly compare each city's efforts, Phoenix has aggressive law enforcement against DUI and probably makes a stronger attempt at busting drunk drivers than most.
A low availability of public transportation is also likely to adversely affect a city's ranking in the study. Phoenix ranked middle-of-the road for use of public transport according to SustainLane, which ranks cities according to their sustainability practices.
Conclusion
Phoenix continues to struggle with its drunk driving issue. The city has a party culture while many areas of Maricopa County don't have public transportation. Couple this with serious law enforcement and aggressive prosecution, and you likely get a significant chunk of the residents carrying DUI convictions.
DUI convictions are serious; they can lead to jail time, thousands of dollars in fines, loss of license and injury to reputation. If you have been charged with driving-under-the-influence you should promptly contact an experienced criminal defense lawyer.
Source: Insurance.com
]]>The Arizona Appeals Court overturned a lower court decision finding that a DUI suspect's failure to object constituted consent to having his blood drawn. The Appeals Court had remanded the case for a finding by the trial court on whether the DUI suspect's action in holding out his arm when informed police would draw his blood constituted an affirmative and unequivocal manifestation of consent.
]]> In recent years, blood draws have become a tool of choice for police in part because they provide superior evidence to breathalyzer tests, whose results have often been successfully challenged in court, leading to acquittals. Blood tests also provide evidence of drug intoxication, an increasing trend in DUI cases.But implied consent laws such as Arizona's must tread a careful line so as not to run afoul of constitutional protections. The Arizona Appeals Court found that the implied consent law at issue, A.R.S. §28-1321, did not raise constitutional concerns, as it requires free and voluntary consent or a warrant.
Drivers suspected of DUI who fail to give consent for blood testing under A.R.S. §28-1321 are subject to automatic license suspensions. Police may not draw their blood unless they first obtain a search warrant.
The Appeals Court noted that the law explicitly defines a failure to expressly agree to a blood draw as refusal. Observing the difficulties surrounding informed consent in the field, the court mentioned both language barriers to suspect-police communication and the effects of intoxication itself. The statute eliminated potential interpretation issues arising from these conditions by characterizing the absence of express agreement as a refusal.
The Arizona Supreme Court agreed with the Appeals Court by ruling that Carillo's failure to object, or silence, when police stated their intention to conduct a blood test did not constitute consent.
]]>From the minute you are pulled over, the police officer is looking for evidence. From this point on, you should aim to be courteous. While you might not be able to talk yourself out of a DUI charge (and you should not try), there is no reason to antagonize the police officer. Doing so may add to the list of charges you eventually face. There is nothing to be gained by being combative, petulant or belligerent.
]]> No matter why a police officer stops your vehicle, once he notices something such as bloodshot eyes, slurred speech or the odor of alcohol, he will act under the belief that you are a drunk driver. Regardless of how you behave -- whether you pass any field sobriety tests or not -- you may well be charged with driving under the influence. There are, however, ways to increase your chances of lessening the punishment.First, be wary of the field sobriety test. Regardless of what the police officer tells you, this is not your chance to prove your sobriety and drive away. Rather, the purpose of the test is to provide the officer with an opportunity to gather evidence of the extent of your impairment. With this in mind, it is within your legal rights to refuse to take the field sobriety test.
The officer may also ask you to take a breath test. There are two types of breath test: a preliminary breath test and an evidentiary breath test. The preliminary breath test is performed in the field with a hand-held device. In Arizona, except in rare circumstances, the preliminary breath test is only used as a tool to establish probable cause in order to convince a judge that your arrest was justified. It is again within your legal rights to refuse this test, with no legal ramifications.
The evidentiary breath test, on the other hand, is administered after your arrest. It is admissible in court, and while it can be refused, there are repercussions to doing so. In most instances, simply refusing to take this type of breath test is cause for the court to suspend your driver's license for one year. If you refuse to take an evidentiary breath test twice during a seven-year period, your license will be revoked for two years.
The key things to remember if pulled over are to be courteous, volunteer no information other than what is expressly asked, and even then, know your rights. Until you are under arrest, you are under no obligation to provide any incriminating information, and if you are arrested and read your rights, anything you say may be used as evidence against you.
DUI convictions can have serious consequences that may last for years. If you have been charged with a DUI it is crucial to promptly contact an attorney with a wealth of experience in defending these charges.
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