Monday, March 30, 2020

Arizona’s Super Extreme DUI – What You Need to Know

Arizona was recently found to have the most severe DUI laws in the US. One of the provisions that led to this finding is the introduction of a ‘super extreme’ DUI into state law.

Penalties for a Super Extreme DUI

A super extreme DUI offence involves a suspect who has a BAC level of 0.20% or higher. Being charged with this DUI means that you face more severe penalties and longer mandatory jail sentences.

For the first offence, the penalties include:

Mandatory jail time of 45 consecutive days, with the offender eligible for home detention after three days

$3,750 jail fees, which include monitoring fee and detention costs

Fines and fees of $3,244

Substance abuse screening at a cost of $50

36 sessions of mandatory alcohol abuse classes costing $585

90-day license suspension including 30 days in which the offender is prohibited from driving: For the remaining period, the offender may be permitted restricted driving

18-month installation of an interlock ignition device costing $1,800

Three years mandatory SR-22, costing a total of $1,500 or $500 annually - This is a certificate of insurance that state DMV requires for high-risk policies

A $3,000 annual increase in auto insurance rates for the next three years, totaling $9,000

A maximum of five years of probation

Possible impoundment of your car

For a second offence, the penalties include:

180 days of mandatory jail time, with eligibility for home detention after 36 days

Around $4,650 jail fees, fines, and other costs

Around $2,500 super extreme fees, fines, and surcharges

$50 screening for substance abuse

36 mandatory sessions of alcohol abuse classes costing $585

One year driver’s license suspension that includes non-issuance of work permit during this period

24-month installation of an interlock ignition device at a cost of $2,400

3 years mandatory SR-22

A minimum three-year increase in auto insurance rates; at a cost of $3,000 annually, this will cost at least $9,000

Possible impoundment of your car

May be required to attend a Victim Impact Panel held by MADD at a cost of $100

These penalties may be further enhanced if there are particular circumstances, such as driving without a valid license or the presence of a minor in the vehicle.

The Importance of An Experienced Attorney

If you are going to be charged with a super extreme DUI, it is important that you retain the services of an attorney with experience in handling these cases. Attorney Gary L. Rohlwing is a defense attorney with over 30 years experience in practicing law. In addition to having handled over 3,500 cases, he has provides legal defense services in Peoria and Avondale.

Attorney Rohlwing has extensive experience in DUI cases. He will examine your case in detail to determine the best way to handle it, whether that is to go to trial or take a plea bargain for a lesser offence.

You can get in touch with the Law Offices of Attorney Gary L. Rohlwing at (623) 937-1692. Your initial consultation with him is free so you can discuss your case and gain insight into your possible options.

Arizona’s Super Extreme DUI – What You Need to Know Read more on: http://www.criminal-duiattorney.com/blog



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2



from https://www.criminal-duiattorney.com/dui-defense/extreme/arizonas-super-extreme-dui-what-you-need-to-know/

Thursday, March 19, 2020

A Study Finds Arizona Has the Toughest DUI Laws in the US

According to the personal finance website WalletHub, Arizona has the most severe laws against driving under the influence. These laws bring with them harsh penalties that range from fines to jail time.

Arizona’s Harsh Penalties

The metrics considered in the study included DUI arrests and crashes, the BAC threshold, DUI fine and jail time, license suspension, and further penalties. The study also took into account supplementary DUI laws such as those regarding repeat offender and open containers, as well as laws on alcohol exclusion that limit treatment.

The findings of the study regarding Arizona include:

  • Arizona is the toughest state on first offenders. It was the first state to make interlock device installation mandatory for first offences. These devices are required to be installed on first offenders’ vehicles for twelve months. In addition, there is a mandatory jail time of ten days.
  • For second offenders, Arizona imposes mandatory jail time of ninety days, in addition to fines and penalties, as well as mandatory community service.
  • For subsequent offences, a DUI is treated as a class 4 felony, with a corresponding increase in penalties. For instance, mandatory jail time for offenders is a minimum of ninety days.
  • Arizona also imposes driver’s license suspensions of ninety days to one year for first offenders and one year for second offences.
  • There are also mandatory counselling and screening requirements.
  • The state has a seven-year look-back period. This means that if an offender has incurred any DUI within a seven-period, even if it is in another state, the state can count it against the driver when determining how to file felony charges.
  • Arizona also uses sobriety checkpoints as well as having stipulations on child endangerment for DUI laws.

Why You Need an Experienced Attorney to Handle Your DUI

These findings serve to highlight how seriously Arizona takes drunk driving. The state imposes these penalties in an attempt to deter DUIs by highlighting how stringent the laws are.

This is why a person who has been arrested for a DUI in the state needs the services of an experienced DUI lawyer. A DUI conviction results in the loss of your driving privileges as well as your freedom, in addition to the harsh fines and other penalties you’ll face.

Attorney Gary L. Rohlwing is an attorney who has substantial experience, having handled more than 3,500 cases over the course of his career. His practice areas include DUI, misdemeanors, felonies, juvenile cases, and domestic violence.

If you are charged with a DUI, he will work to ensure that you get the best possible outcome and avoid some of the harsher penalties associated with the charge. He will help you through the legal process to ensure that your rights are protected.

He will study your case to ensure that you get the best defense. This may mean accepting a plea deal to get a reduced penalty or having to go to trial.

If you have been charged with a DUI, need a defense, you can get in touch with the law offices of Attorney Gary L. Rohlwing at (623) 937-1692. Your initial consultation with Atty. Rohlwing is free and he handles all his cases personally.

A Study Finds Arizona Has the Toughest DUI Laws in the US was originally published on http://www.criminal-duiattorney.com/blog/



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2



from https://www.criminal-duiattorney.com/dui-defense/misdemeanor/a-study-finds-arizona-has-the-toughest-dui-laws-in-the-us/

Saturday, March 14, 2020

Lowering the Charges or Sentencing: Common DUI Plea Bargains in Arizona

In Arizona, a DUI charge is nothing to scoff at. It is considered a serious crime in the state. If you are convicted of driving under the influence, you may find yourself facing jail time, probation, and substantial fines. In addition, your driving license may be suspended. You may also be required to render community service and install an ignition interlock device on your car.

DUI is a class 1 misdemeanor, although it’s not a felony, it will stain your criminal record for a very long time, practically your entire lifetime. In some cases depending on the circumstances, a DUI can be treated as a felony.

One way to avoid the stiff penalties and the stigma of having a criminal record is by getting a plea bargain agreement with the help of an experienced and competent lawyer. The Law Offices of Gary L. Rohlwing have the necessary negotiation skills and experience to reach a favorable plea bargain on your behalf.

In general, plea agreements can be categorized under two main groups:

  1. Agreements to lower the charges
  2. Agreements to lower the sentence

Plea Bargain Agreement to Lower the Charges

Between the two plea bargain categories, agreements to lower the charges filed against you is the more ideal option. For one, it will avoid the stigma that a DUI will bring to your criminal record. Also, it will often carry a lighter sentence.

In addition, the reduction of a DUI to a lesser offense will often relieve you of the burden of a mandatory suspension of your driving license. However, the requirement to install an ignition interlock device on your vehicle may still remain.

More importantly, the lower charges will not count in reckoning the 7-year look-back period. This means if a cop flags you for a DUI within 7 years from the time of the plea bargain, technically, it will only count as your first DUI offense.

This is important since a first DUI offense comes with lighter penalties. It goes without saying that getting rid of your current DUI charge has major future benefits for you.

Plea Bargain Agreement to Lower the Sentence

As mentioned, a charge reduction is a better option. However, in your particular case, there may be overwhelming evidence against you that bargaining for a reduced charge may not be possible. If the prosecutor wants to pursue a DUI charge, the best your lawyer can do is to bargain for reduced penalties.

In this case, you need to plead guilty to the charge of driving under the influence. But, because of the plea agreement, you are guaranteed minimal to no jail time, and less fines than what you would otherwise have to pay. The plea bargain may also involve attendance to an alcohol treatment or education class, as well as longer community hours.

This arrangement is definitely better than having to pay stiff fines that can reach thousands of dollars and spending time in prison.

When facing a DUI charge in Arizona, get in touch with the Law Offices of Gary L. Rohlwing right away. Your attorney will immediately prepare the best defense strategy for you and initiate a plea bargain if necessary.

Lowering the Charges or Sentencing: Common DUI Plea Bargains in Arizona was first published on http://www.criminal-duiattorney.com/blog



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2



from https://www.criminal-duiattorney.com/dui-defense/misdemeanor/lowering-the-charges-or-sentencing-common-dui-plea-bargains-in-arizona/

Monday, February 17, 2020

Drug Charges Can Prevent You from Getting Student Financial Aid

For many young people, getting a college education is an essential step toward achieving success in life. Unfortunately, most people cannot afford it without financial help. And, if you have a drug conviction, it may be even harder for you to apply for a student loan

TASC Diversion Program

Penalties for Drug Convictions

One of the questions applicants are asked in the Free Application for Federal Student Aid is if they have ever been convicted for sale or possession of illegal drugs while they were on federal student aid. What does this mean?

Basically, if you have already been approved for, and accepted an offer for, federal student aid for any term, you are considered to be already under aid starting on the first day of classes. Summer breaks are not included if you are not enrolled. Holiday breaks, however, are considered time enrolled.

A drug conviction does not mean that you are permanently disqualified from applying for federal aid. For possession, a first conviction means you cannot apply for a year, a second offence disqualifies you for two years, and subsequent convictions disqualify you indefinitely. For sale, a first conviction disqualifies you for two years and subsequent convictions disqualify you indefinitely.

It is possible to apply for reinstatement before the end of your disqualification period, subject to certain conditions. If your conviction has been rendered invalid, set aside, or overturned, you may be eligible again.

Otherwise, you will have to complete an appropriate drug rehabilitation program that also requires you to pass two surprise drug tests. The program must meet the standards that were set by the Department of Education and Congress. You will become eligible upon completion of this program.

If you are convicted after you have submitted your FAFSA, you will have to notify your student aid office. If you have already been receiving aid, you will have to repay all of it since you have become ineligible.

Proposed Changes in the Law

There are moves in Congress to prohibit the Education Department from asking questions about drug convictions in subsequent federal aid applications, including the FAFSA. The Financial Aid for Students Act, if passed into law, would repeal parts of the Higher Education Act that suspends aid for applicants convicted of drug offences.

Another bill, the Second Chance for Students Act, states that students who were convicted of marijuana possession can retain their eligibility to get financial aid for six months. During this period, they have to complete an authorized rehabilitation program to avoid losing their eligibility.

An Experienced Attorney Can Protect Your Rights

If you are charged with a drug-related crime, it is very important that you retain the services of an experienced criminal defense lawyer. The attorney will guide you through the process and layout what your legal options are. He will also explain the procedural requirements as well as how he will defend your case.

Attorney Gary L. Rohlwing can defend nearly every type of drug-related offense. Since Arizona has some of the harshest drug laws in the US, Atty. Rohlwing can help you avoid some of the harshest penalties and avoid a conviction.

You can get in touch with the Law Offices of Gary L. Rohlwing at (623) 937-1692. The initial consultation is free.

The post Drug Charges Can Prevent You from Getting Student Financial Aid is republished from Gary L Rohlwing Lawyer



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2



from https://www.criminal-duiattorney.com/criminal-defense/drug-crimes/drug-charges-can-prevent-you-from-getting-student-financial-aid/

Monday, February 10, 2020

Can Police Search Your Car at a DUI Checkpoint?

Arizona is one of the states that allow police to set up DUI checkpoints.

It is important for you to be aware of what your rights are if you are stopped at a checkpoint. If the police perform a search of your car and find something that is illegal, knowing your rights could result in your case being thrown out of court.

DUI Checkpoint

It should be noted that the police do not have the unlimited right to search your vehicle. In fact, there are only two reasons that would legally allow them to conduct a search:

  • If you give your explicit consent. In other words, if you tell them, “Yes, you can search the car.” However, you can legally decline by invoking your fourth amendment rights and explicitly telling the officers no.
  • If the police find probable cause. If they can see that there are empty liquor bottles or beer cans, or if they smell marijuana or see drug paraphernalia, this constitutes probable cause for a search of your vehicle. If a drug-sniffing dog approaches your vehicle and barks, this also constitutes probable cause.

Under normal circumstances, the police would need a warrant to search your vehicle, but this requirement is waived if they believe they have probable cause.

What are you required to do at a checkpoint?

If the officer asks, you are required to give your name and provide them with your license, vehicle registration, and proof of insurance. No matter what happens at a DUI checkpoint, the most important thing to remember is that you must never act belligerent or hostile towards the officers.

For instance, if you refuse to allow them to search your case and they do so anyway, let them without interference. Since you did not give them permission, anything they discover may not be admissible in court.

If an officer believes that you may be drunk, they can ask you to take a field sobriety test. This may include:

  • Standing on one leg
  • Horizontal gaze nystagmus
  • Walking in one straight line, then turning around

You can politely decline to perform these tests. They are challenging for some and, even if you are sober, you could still fail them. You can also refuse if the officer asks you to take a breathalyzer or give blood for a blood test but you should be aware that this could result in your being charged with a DUI and suspension of your driving privileges.

If you are arrested for a DUI, you must invoke your right to not say anything to the police until you have spoken to a lawyer. These are your rights and invoking them does not automatically mean you are guilty, contrary to what the police may make you believe.

To ensure that your rights are protected, contact an experienced DUI attorney immediately. Attorney Gary L. Rohlwing is an experienced criminal attorney who specializes in handling DUI cases. He will help you and ensure that you get the best possible outcome in your case.

Just call the Law Offices of Gary L. Rohlwing at (623) 937-1692 or visit their website.

 

The article Can Police Search Your Car at a DUI Checkpoint? is courtesy of Our Blog at www.criminal-duiattorney.com/blog/



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2



from https://www.criminal-duiattorney.com/dui-defense/aggravated/police-search-your-car-at-dui-checkpoint/

Thursday, January 23, 2020

What Are the Extradition Laws in Arizona?

Extradition involves the delivery of a detained offender from the arresting party to the jurisdiction of the requesting party. The most common underlying cause of an extradition request is an outstanding warrant of arrest.

Extradition Laws

In general, extradition cases fall under three main types:

International Extradition:

The jurisdiction requesting for the extradition is another country. For example, extraditing a detained criminal from the US to Italy.

Interstate Extradition:

The jurisdiction requesting for the extradition is another US state. For example, extraditing a detained criminal from the Arizona to California.

Intrastate Extradition:

The jurisdiction requesting for the extradition is within the same state. For example, extraditing a detained criminal from Mohave County to Yuma County.

International extradition differs widely from cases of interstate extradition. Unlike in interstate extradition where states can extradite detainees freely by virtue of the US Uniform Criminal Extradition Act, an international extradition act is governed by international laws.

Existing international policies, procedures, and treaties need to be respected and considered. Things get even more complicated when people seeking asylum are involved.

There is also as slight difference between interstate and intrastate extradition cases. In interstate extradition, the case may only proceed after the governor issues an official warrant. This may not be necessary for intrastate extradition. The case may proceed without passing through the office of the governor. A simple transport arrangement may be all it needs for the extradition case to proceed.

Extradition Laws in Arizona

In Arizona, as well as in other states that allow it, extradition is a serious matter. Regardless of the charge, be it a felony or a misdemeanor, the offender may be incarcerated right after detainment – even if the detainee is not guilty of the charges.

This is because the objective is to make sure the individual is safely held and transported for court appearance in the proper jurisdiction. However, this may make the detainee feel like he is already a convicted and sentenced criminal.

If you are the subject of an extradition case, and you feel the need to fight it, you can seek the help of an experienced and reputable criminal law firm like the Law Offices of Gary L Rohlwing. In case extradition is inevitable, your lawyer can make sure that you get fair treatment throughout the entire process, and all your rights are upheld.

When to Get the Services of a Lawyer for Your Extradition Case

The best time to fight an impending extradition is before you are even detained. If you are a resident in the state of Arizona, and a warrant has been issued for your arrest in another country or state, it is best that you contact the Law Offices of Gary L Rohlwing right away.

This way, your lawyer may be able to quell the warrant. He can likewise arrange for you to surrender voluntarily in front of a judge. While the judge may not agree to dropping the charges, your voluntary surrender, will at the very least have a positive impact on your case. This may also allow you to avoid extradition.

The following post What Are the Extradition Laws in Arizona? See more on: www.criminal-duiattorney.com/



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2



from https://www.criminal-duiattorney.com/criminal-defense/misdemeanors/what-are-the-extradition-laws-in-arizona/

Thursday, January 16, 2020

Are Gun Owners Who Have Been Convicted of a DUI More Likely to Commit a Crime?

A new study conducted by researchers from the University of California in Davis suggests that people convicted of a DUI are more likely to commit a violent gun crime. The study sought to answer the question: Are legal handgun purchasers with a prior DUI conviction at a greater risk of being subsequently arrested for a violent crime?

Researchers looked at 79,678 California residents who had legally bought a gun in 2001. In the dozen years since, they found that 9% of those with DUI convictions were later arrested for violent crimes such as aggravated assault, robbery, rape, or murder. Only 2% of those with no prior criminal history were subsequently arrested for a violent crime.

The study concluded that there is a correlation between a DUI conviction and the risk of committing violent offences among those who legally bought firearms. However, researchers clarified that they did not suggest that alcohol itself is what makes gun owners more likely to victimize others.

Instead, they suggested that many individuals who engage in alcohol-related risky behavior would also engage in other risky behaviors that threaten people’s lives. And, if a heavy drinker also has access to a gun, impaired judgment may cause them to act out if they are prone to violent behavior.

For policy makers, these studies could help them craft legislation that would help reduce gun violence in the US and save lives. There is already a pending bill in the California legislature that would include alcohol-related misdemeanors among offenses that could cause an individual to lose the right to own a gun for up to ten years.

At present, California law denies gun licenses for ten years to those convicted of a felony, as well as those who have misdemeanor convictions for, among others, crimes involving hate or violence, as well as the illegal use of firearms. SB 55, which passed the state senate by 26 to 10, would add offenses such as convictions for drunk driving, disorderly conduct while intoxicated, and public intoxication.

If SB 55 is signed into law, it could eventually lead the way for many states to pass similar legislation. Hence, those who have a DUI conviction may find in the future that their rights to own a gun are severely restricted. This means that, if you are charged with a DUI, you should seek the services of an experienced lawyer who specializes in this area of practice.

A DUI conviction in Arizona has serious consequences. Aside from fines, suspension of your driving privileges, and possible jail time, there may also be indirect consequences. For instance, you will be charged higher auto insurance rates and you may also be prevented from entering certain countries. Some employers may not hire you if you have a criminal record and you may even be fired if your current employer discovers that you have been convicted of a violent crime or a DUI.

Attorney Gary L. Rohlwing is a licensed attorney based in Arizona who has been practicing for over thirty years. He will explain what your rights are and investigate the facts of your case.

Visit the website of the Law Offices of Gary L. Rohlwing to learn more or contact him at (623) 937-1692.

The following article Are Gun Owners Who Have Been Convicted of a DUI More Likely to Commit a Crime? Read more on: GaryRohlwingLawOffices



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2



from https://www.criminal-duiattorney.com/criminal-defense/violent-crimes/gun-owners-convicted-dui-more-likely-to-commit-violent-crimes/