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Arizona DUI Law

Coming to Super Bowl XLIX: What are the Arizona DUI Laws?

Super Bowl XLIX: University of Phoenix Stadium

 

Every year, cities and sports venues from all around America submit bids to host a Super Bowl. University of Phoenix Stadium in Glendale, Arizona was privileged to be awarded the right to host Super Bowl XLIX (49) to be played on February 1, 2015. The good news was delivered on October 11, 2011 and represents the second time this venue has been selected. If you plan on coming to the Phoenix area for the Super Bowl, we’ve put together a few places you might want to visit while you’re here on your trip. We also put together an outline of the Arizona DUI Laws which are good to know when traveling to an event where partying may be on the menu.

Things to Do in the Phoenix Area During the Super Bowl

One of the great advantages that comes from hosting a Super Bowl is a temporary (BIG) boost to the local economy. The Phoenix metro area is loaded with things to do and sights to see.

  • Super Bowl Central – Groups involved with presenting the Super Bowl will be sponsoring concerts, beer gardens, food stands and other fun activities during the week leading up to the game.
  • The Phoenix area is loaded with some of the top golf courses in the country. Late January is a great time to tackle desert courses. And the PGA Tour will be in town the same weekend with the Waste Management Phoenix Open being played over in Scottsdale.
  • The city also features great fine dining facilities and some of the best nightlife in the region.

 

DUI Laws in the Phoenix Area

There is no denying that Super Bowl week creates a party environment. There are public and private parties at locations all across town. Because Arizona has very strict drunk driving laws it would be smart for visitors to be aware of the DUI laws, particularly in the Phoenix metro area that includes Mesa, Scottsdale, Tempe, Glendale, Peoria, Gilbert, & Chandler.

DUI in Arizona Penalties

  • Misdemeanor DUI/DWI (BAC .08-.149) = 10 days in jail, DUI classes, suspended license for 90 days, ignition locking device for 1-year, fines up to $1,500
  • Extreme DUI (BAC .15-.199) = 30 days in jail, DUI classes, suspended license for 90 days, ignition locking device for 1-year, fines up to $2,700
  • Super Extreme DUI (BAC .2.0 or above) = 45 days in jail, DUI classes, suspended license for 90 days, ignition locking device for 18 months, fines up to $3,200
  • Felony or Aggravated DUI – minimum of four months in prison for 3rd offense in seven years, receiving a DUI with a child (under 15) in the car, or receiving a DUI while license is suspended.

Best DUI Defenses

  • Proof of Defective Testing Equipment – This includes out-of-date certification of testing equipment by the DHS
  • Stopped Without Probable Cause – Law enforcement must have probable cause to stop any vehicle.
  • Not Operating the Vehicle (No Actual Physical Control) – The driver must be in the act of operating the vehicle, not just sitting in it.
  • Violation of Rights – You have the right to speak with attorney if you ask law enforcement to speak with one. Any delay could be a violation of your civil rights.
  • Probable Cause to Arrest – Officer must have proper and reasonable proof in order to stop and arrest you for DUI.

 

The chance to experience the Super Bowl is an awesome experience and privilege. The last thing anyone wants is to have the week ruined by a DUI charge or other criminal arrest. If you or someone you know needs a defense attorney for a criminal matter in Arizona, please call the Law Offices of David Michael Cantor to schedule a free case review with one of our lawyers. You can call us 24 hours a day, 7 days a week at (602) 307-0808 or send us an email and one of our lawyers will contact you as soon as possible.

 

Thanks to www.geauxforit.com for the cool image in this post.

Fourth of July 2014 DUI Patrols

** If you are looking for DUI Checkpoint Do’s and Don’ts, Click Here.

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Summertime is one of the best times to enjoy the outdoors with family and friends. and more specifically, the Fourth of July is a time when people in Arizona head to the lake for some fun in the sun! With that comes increased risk of drinking and driving (or boating). Local law enforcement in Arizona is out looking to arrest people for DUI if they have consumed too much alcohol and think they are OK to drive a car or boat. Our suggestion is if you’ve had any alcohol, please get a ride. If you are out on the lake boating, make sure you have a designated driver because law enforcement may be conducting sobriety checkpoints (and looking for life jackets for every passenger!!) on the lakes in Arizona (Bartlett Lake, Lake Pleasant, Roosevelt Lake, Apache Lake, Canyon Lake, Lake Havasu, Colorado River, and Saguaro Lake).

If you find yourself at one of these sobriety checkpoints and are not sure what your BAC level is, read our DUI do’s and don’ts HERE.  That page will provide you with all the knowledge necessary about what to do if stopped by law enforcement after you have been drinking. For example, don’t take the eye test or any coordination tests.  You are not required to do these and if the officer is asking you to do any test, chances are he/she is going to arrest you anyway.  The test results just help the prosecutors case.

If you found this page after being suspected or arrested for DUI on the Fourth of July 2014 weekend, we have a number of resources relating to DUI and OUI (Boating DUI) in Arizona.

The most important thing you MUST do is ask to speak with an attorney BEFORE agreeing to any test (breath, blood, etc.).   Put our phone number (602-307-0808) in your cell phone now and call us before speaking to police.

Denial of Right to Counsel – Arizona DUI Defenses

Denial of right to counsel is an important defense for DUI cases. When being arrested, you always have a right to legal counsel, but it is particularly vital in the case of a DUI arrest. If you are prohibited from talking to an attorney which prevents you from obtaining his advice, your body will naturally eliminate the evidence of blood alcohol content that can be used for or against you. The police may tell you that your blood alcohol content is above the legal limit, but it may not be; in the meantime, your body is burning off the alcohol, making the determination more difficult.

David Cantor explains the DUI Defense of Denial of right to counsel:

The key cases on this issue are Holland v. State of Arizona, Juarez v. State of Arizona, McNut v. State of Arizona, Edwards v. State of Arizona and the latest one, Penney v. State of Arizona. In Edwards v. State of Arizona, which went up to the United States Supreme Court, Mr. Edwards said, “I think I should talk to a lawyer.” The Court said that was equivocal, or ambiguous, and Mr. Edwards needed to be unequivocal when requesting a lawyer. Instead, Edwards should have said “I want to talk to a lawyer” or “I need to talk to a lawyer.” The minute you say this, the police have to get you to a phone and a phonebook in a private area so you can talk to a lawyer.

The Holland v. State of Arizona case deals with eleven specific questions a lawyer will ask you. These include, “what did you drink?”; “when did you start drinking?”; “when did you stop drinking?”; “when was the last time you ate?” Certain information needs to be known so the lawyer can approximate what your blood alcohol content will be so you can decide whether to submit to a blood or breath alcohol test. The attorney will also be able to tell you to request to be released in order to get an independent chemical test at a hospital.

The additional guidance a lawyer can provide is important. A lawyer can tell you not to answer any further questions, not to do any further physical tests, and probably get a blood or breath test because the police will likely get a warrant for it and get a test by force. But if you’re stopped for a DUI and you request a lawyer but were not given a lawyer or the police were not quick to respond, contact our firm. You can set up an appointment at www.DMCantor.com or call 602-307-0808 at any time to get a Free Case Review. An initial consultation is free and takes just 30 minutes.

Be sure to visit our DUI case victories for a sampling of DUI cases we’ve won in Arizona.

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