Tips about Going through an Arizona DUI Checkpoint

Before you go through a DUI checkpoint, you should be aware of your responsibilities and rights. This is especially true if you are in the state of Arizona, because they take DUI cases very seriously.  

Are DUI Checkpoints Legal and Constitutional?

Yes, they are. They let police officers lawfully stop drivers even if they do not seem suspicious. This is to prevent the occurrence of accidents or other negative consequences of DUI’s. DUI checkpoints are different from routine stops. With a routine stop, the police officer needs to have reasonable doubt that a violation has been committed. With a DUI checkpoint, such reasonable doubt is not required. This can make it truly intimidating. Unfortunately, a lot of people are not aware of their rights. So, when they get stopped at a DUI checkpoint, they panic and get confused. To help you avoid getting in trouble, you need to know and protect your rights without incriminating yourself. Here are some helpful tips:

Know your constitutional rights.

If you get stopped at a DUI checkpoint, you will be asked to show your documents. You will be asked to show your ID and driver’s license. You will also be asked certain questions. Make sure that you present these things and be honest with your answers. Know your right to remain silent. You should not feel obliged to answer unnecessary questions, such as where you are heading to or where you have been. Do not provide more information than you have to. Otherwise, you may end up incriminating yourself. Call your lawyer as soon as possible. Only speak if your lawyer tells you that it is okay to do so.

Comply with the police officers.

In addition, you may be asked to step out of your vehicle. Just comply without complaining or displaying any aggressive behavior. Otherwise, you could be brought up on charges. Always be polite and civil. Refrain from even seeming to assault the police officer. Getting stopped at a checkpoint can be a real hassle. It can put you in a foul mood, but you should always stay calm and reasonable. Speak calmly and carefully. Do not physically attack or curse at the police officer.

Use your common sense.

Yes, there are times when you are not required to do what a police officer tells you. For example, if a police officer stops you at a DUI checkpoint and says that he wants to conduct a search of your vehicle, you can refuse. You do not have to agree to this search. However, it may be a better idea to agree than to disagree, especially if you aren’t hiding anything. Just cooperate with the authorities so that the process can be over as soon as possible. Likewise, you are not obliged by the law to take a sobriety or blood alcohol content test. If a police officer stops you at a DUI checkpoint and asks you to perform a Breathalyzer test, you have the right to refuse. Then again, refusing to take such tests may also result in legal repercussions. For instance, your driver’s license could be suspended. It is best to contact your lawyer before you make a decision on whether to take or refuse any chemical test. The Law Offices of Gary L. Rohlwing provides DUI, criminal defense, and domestic violence representation in Arizona. So, if you ever get charged with a DUI, you can give him a call.

Tips about Going through an Arizona DUI Checkpoint is available on Gary L Rohlwing Lawyer

Law Offices of Gary L Rohlwing

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Glendale, AZ 85301

(623) 937-1692

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Arizona Misdemeanor: Understanding Its Classes and Penalties

A misdemeanor charge is technically considered a “light” offense compared to a felony. However, no matter how light or insignificant you may think the offense is, a misdemeanor is still a crime that can call for serious penalties. In the US, a misdemeanor is a non-indictable criminal offense. This means that the offender cannot be detained for nearly as long as they could with an indictable offense. However, the offender can still face jail time for up to a maximum of 6 months with years of probation. Here’s what you need to learn about misdemeanors and how they’re treated in Arizona:    

Classes of Misdemeanor in Arizona

Misdemeanors are often referred to as petty or disorderly offenses. In Arizona, misdemeanor offenses fall under the following classifications:

Class 1 Misdemeanor

Class 1 Misdemeanors are considered the most serious level of misdemeanor. These offenses include:

• Assault resulting in injury
• Domestic violence
• Possession of marijuana and other drugs
• DUI (Driving Under Influence)
• Driving on a suspended license
• Prostitution
• Shoplifting or theft
• Disorderly conduct and criminal damage

  Class 2 Misdemeanors are offenses that cause less serious impact or damage:

• Assault with threats of injury
• Criminal trespassing (second degree)
• Criminal damage
• Reckless driving

  Class 3 Misdemeanors are the least severe disorderly offenses:

• Simple assault
• Criminal trespassing (third degree)
• Criminal speeding
• Loitering
• Failure to appear in court

 

Penalties for Misdemeanors in Arizona

The severity of the penalty will depend on the classification of the misdemeanor charge, and the specific type of offense committed. In Arizona, the sentence and penalties for the different classes of misdemeanor normally follow this guideline: Class 1 Misdemeanor

• Up to 6 months of jail time in local or county prison
• Up to $2,500 in fines and surcharges
• Up to 5 years of probation

  Class 2 Misdemeanor

• Up to 4 months of jail time in local or county prison
• Up to $750 in fines and surcharges
• Up to 2 years of probation

  Class 3 Misdemeanor

• Up to 1 month of jail time in local or county prison
• Up to $500 in fines and surcharges
• Up to 1 year of probation

Special Conditions for Misdemeanors in Arizona

Sometimes, a person who commits a misdemeanor can be charged with a more serious offense, such as a felony or a higher level of misdemeanor. This happens when certain “special” conditions or complexities are met. For example, an offender who was previously charged with two Class 1 misdemeanors and has committed another Class 1 misdemeanor can be charged with a felony offense due to the increased gravity of the offenses. Another example is when an offender who previously committed a Class 2 misdemeanor, commits another misdemeanor. This will more likely lead to a Class 1 sentence and penalty, depending on the gravity of the offense. The possession of illegal drugs may also call for additional penalties such as a higher fine or longer jail time. DUI charges may also be raised to a felony due to aggravating circumstances. How to Get Help When Charged with a Misdemeanor in Arizona Most of the time, a person charged with a misdemeanor in Arizona will fare better with legal assistance. This is especially true for first-time offenders and for those who are new in the state. If you have been charged with a misdemeanor in Arizona and need professional help in resolving the case, you can call the Law Offices of Gary L Rholwing at (623) 937-1692.

Arizona Misdemeanor: Understanding Its Classes and Penalties is available 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 http://www.criminal-duiattorney.com/blog/criminal/arizona-misdemeanor-understanding-its-classes-and-penalties/