Telling Your Employer About a DUI in Arizona

One of the things that most people who get arrested for driving under influence wonder about, is whether or not they should tell their boss about it. The best advice would differ, depending on the circumstances. First of all, when you get arrested or you’re charged with a crime, it is a personal matter. Generally, you won’t need to get your employer involved. However, there could be an issue if there are work-related circumstances involved. Also, you need to note that arrest and accusation are different from actually being convicted or sentenced for a crime. These are the things that you need to consider when weighing whether or not you should disclose the incident to your employer.

Work-related circumstances

Generally, you won’t have to disclose everything to your employer. After all, privacy is a constitutionally protected right. However, under certain work-related circumstances, you might be obliged to let them know. For instance, when your job involves driving or when you have been issued a company service vehicle. In this case, it is generally required that you disclose facts about the DUI incident to your employer. You should also check for company policy. Rules about disclosing arrests or conviction of a crime would vary depending on your company. Most companies only require disclosure of major crimes, especially those that involve moral turpitude or grave dishonesty. For other, less serious crimes like DUI, they may not require full disclosure. It is also likely to depend on the position that you hold. If you’re a company driver or a salesman who drives around at work, then it is highly probable that your company requires disclosure of such incidents. These policies are usually found in various documents including employment contracts and employee handbooks. Bear in mind that non-disclosure, especially if you were required to do so, could actually have grave consequences. Some policies provide that the employee can be terminated due to the concealment of a material fact. For this reason, it is very important to assess and review everything carefully. Asking for legal assistance from reputable lawyers like the Law Offices of Gary L. Rohlwing would be a big help. A lawyer can help you sift through all the company policies, rules, and laws in order to arrive at a solution that’s most beneficial to you.

Accusation vs. Conviction

As mentioned before, you should bear in mind that there is a huge distinction between accusation and conviction. Once arrested and taken in, you are accused of said crime under DUI laws. However, you would have to undergo legal processes to determine whether or not you are indeed guilty of DUI and what penalty is to be imposed. When it comes to disclosing these matters to your employer, you should consider whether you have simply been accused or if you have already been convicted of DUI. More often than not, it is good to be honest and disclose everything to your employer. However, when there are serious consequences involved, it is best to weigh in with a lawyer before disclosing.

Telling Your Employer About a DUI in Arizona was originally published to Law Office of Gary L. Rohlwing

Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

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from http://www.criminal-duiattorney.com/blog/dui/telling-your-employer-about-a-dui-in-arizona/

Penalties for Possession of Drugs for Sale in Arizona

Criminal law prescribes different penalties when you get caught in possession of illegal drugs. These penalties usually depend on the amount of illicit substance that you possess at the time of the arrest. They could either charge you with mere possession or with possession of drugs for sale. If you have more than the threshold amount set by law, it is presumed that you intend to sell the excess. In such cases, you will likely be charged with possession of drugs for sale. Arizona law categorizes illegal drugs into three groups - dangerous drugs, narcotics, and marijuana. Under the dangerous drugs classification are the likes of ecstasy, LSD, methamphetamine, lorazepam, clonazepam, GHB, mescaline, and steroids. Meanwhile, heroin, cocaine, morphine, opium, oxycodone, and the like are classified as narcotics.

Determining Intent

As earlier stated, the volume of the substance found in your possession is the determining factor to indicate intent. There is what we call a statutory threshold. Possession of the illicit substance above the prescribed statutory threshold would indicate that you do not have the substance merely for personal use but actually intend to sell it. Under Arizona law, the following are the threshold amounts for common prohibited drugs: Lysergic acid diethylamide (LSD): .5 milliliter PCP: 4 grams Methamphetamine: 9 grams Amphetamine: 9 grams Heroin: 1 gram Cocaine: 9 grams Marijuana: 907 grams   Meanwhile, it’s a different story when it comes to determining intent to sell prescription drugs as a felony. In such cases, legal amounts of the prescription drug are taken on a case to case basis. It would depend on your medical and criminal history, the nature of the drug, and other considerations.

Possible Penalties

When caught carrying marijuana with a volume anywhere between 2 to 4 pounds, it is considered a class 5 felony under Arizona law. If you are caught with an amount above 4 pounds, it is considered a class 4 felony. The sentence prescribed for a class 5 felony is a maximum prison term of 2.5 years. Meanwhile, the maximum term for class 4 felonies is 3.75 years. On the other hand, when you are caught possessing volumes of illegal drugs that are beyond the threshold, you are deemed to have intent to sell the substance. Possession of marijuana for sale in Arizona is classified as a class 2 felony. Class 2 felonies carry a minimum sentence of 2 years imprisonment and a maximum of 12.5 years. On the other hand, possessing prescription drugs usually carry a lighter penalty. when caught possessing prescription drugs with intent to sell, it is considered as a class 6 felony which carries a maximum prison term of 1.5 years and a $1,000 fine. Along with the possible prison terms, other penalties such as community service, fines, and probation may also be imposed when it comes to these drug-related crimes. Worthy of mention is the fact that Arizona courts are likely to rule in favor of first-time offenders and those suffering from drug addiction. Most would be placed under probation and are required to undergo addiction treatment instead of serving their prison terms. All this considered, it would be best to hire a reputable criminal law firm such as the Law Offices of Gary L. Rohlwing in order to ensure that your rights are protected and that your possible prison terms have a chance of being mitigated.

The article Penalties for Possession of Drugs for Sale in Arizona is available on 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/penalties-for-possession-of-drugs-for-sale-in-arizona/