What You Need to Know About Arizona’s Zero Tolerance DUI Laws

Arizona is a state that has some of the strictest laws in the country surrounding driving under the influence. Generally, it has what is known as zero tolerance laws pertaining to DUI offences. These can result in severe penalties and other serious consequences, even if it’s your first offence. It’s important to understand Arizona’s DUI laws.

The number of drinks that it takes to reach the legal intoxication limit can vary. However, a 160-pound woman can probably reach the legal intoxication limit after having only two drinks. A 220-pound man will probably reach the intoxication limit after three drinks. Because Arizona has a zero-tolerance policy, it’s a good idea for you to avoid driving if you have had any alcohol.

What is Meant by Zero-Tolerance?

In most of the United States, the legal limit for blood alcohol concentration is 0.08%. However, in Arizona, the zero-tolerance DUI laws mean that even if you are found to have a blood alcohol content (BAC) under that amount, you can still be arrested and charged with a DUI. In general, if a police officer pulls you over and requests that you take a breathalyzer test that reveals a reading of 0.08 or lower, you could still be arrested depending on the officer’s belief of whether or not you’re intoxicated.

How is Impairment Determined?

The term “impairment” is flexible as it can vary depending on each individual DUI case. Due to the zero-tolerance laws, Arizona is very strict regarding an offender’s level of impairment. A police officer can determine that a driver is impaired based on certain criteria. Usually, the main factor is their BAC, but there are other factors they consider like slurred speech, glassy eyes, erratic driving, and failing field sobriety tests. An officer may also make the determination that someone is impaired based on detecting the odor of alcohol on their breath. In any case, this DUI law certainly warrants getting a DUI lawyer on your side to defend you in court.

What are the Different Types of DUIs?

There are different types of DUI charges in Arizona. These are known as tiers and are determined based on the factors of your case. They include the following:

• Standard DUI: A standard first-time offense carries a penalty of 10 days in jail and a maximum fine of $1,500. If convicted, you are required to pay jail and monitoring fees and undergo counseling. A conviction also results in a 90-day license suspension and the installation of an ignition interlock device on your vehicle for one year. For a second offense, you can see a 90-day jail sentence but receive at-home detention after six days. A fine of $3,500 is instituted and you are responsible for paying monitoring fees. The same requirements for a first offense apply regarding the driver’s license and IID.
• Extreme DUI: An extreme DUI conviction is applied if the individual’s BAC is 0.15% or higher. Penalties include 30 days in jail with home detention after two days, a fine of $2,780, and monitoring fees as well as counseling and screening. Driver’s license suspension is 90 days and an IID is required on the vehicle. With a second offense, jail is elevated to 120 days and a fine of $3,740, in addition to monitoring fees. The individual’s license is suspended and they must have an IIG on their vehicle.
  
• Super extreme DUI: If a person’s BAC is 0.20% or greater, it counts as a super extreme DUI and carries 45 days in jail, a $3,240 fine, and monitoring fees. Driver’s license suspension is 90 days and an IIG is installed on the vehicle for 18 months.
• Aggravated DUI: The punishment for aggravated DUI can vary. You will typically have to spend more time in jail, pay higher fines and get your license revoked. Screening and counseling are also required.

If you have been arrested for a DUI offense in Arizona, you need immediate assistance from a skilled DUI lawyer. Contact the Law Offices of Gary L. Rohlwing to discuss your case with an attorney.

The following post What You Need to Know About Arizona’s Zero Tolerance DUI Laws was originally published on www.criminal-duiattorney.com/

Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

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from https://www.criminal-duiattorney.com/dui-defense/extreme/what-you-need-to-know-about-arizonas-zero-tolerance-laws/

Criminal Charges for Not Wearing COVID Face Masks

The current emergency status in the United States regarding the COVID-19 pandemic is assuredly putting a strain on U.S. constitutional protections. Some see it as though the entire work has been suppressed since the governors in certain states have begun using their new-found emergency declaration powers, essentially doing as they please under the potentially false concept that governments can protect the people from themselves.

The Constitution has effectively been reduced to a mere piece of paper, but it is still the supreme law of the land and a document that lawyers can use when defending their clients against minimal governmental demands such as not wearing a face mask by mandate of a state governor.

Disorderly Conduct

The technical term for not following the current commands of government officials is disorderly conduct. And, just as with other charges leveled by government legal systems, it is still incumbent on the prosecutor to prove beyond a reasonable doubt that the claims of the officer or an accusatory witness are valid.

Even testimony may not provide that level of proof. An experienced and aggressive criminal lawyer can evaluate all evidence in the case and cross-exam any witness in an open hearing, including government agents such as health department officials who write citations.

Even though the charge is minimal, it still can generate an incident record. Disorderly conduct is a serious legal matter that can present future problems regardless of the seemingly low level of crime because it generates a criminal record.

Potential Remedies

The claims by government officials surrounding COVID and charges levelled against people based on subjective opinion are considered frivolous by many Americans, and especially regarding the forced wearing of face masks.

Ultimately, freedom should begin with the right to say ‘No’ to an onerous government. Judges and prosecutors understand this issue, but they are also in the fine collection business. When a case dismissal cannot be achieved, a criminal attorney can take the case to a full trial, pinpointing reasonable doubt and questioning the validity of the information being supplied by any witness or the court.

Summary dismissal or deferred judgments for later dismissal could also be a satisfactory case remedy when an agreement can be negotiated with the prosecutor.

Extenuating Circumstances

Another potential defense in citation cases for not wearing a mask in Arizona is the underlying medical condition of the defendant. While many people who are susceptible to catching the COVID virus may benefit from face mask compliance, it is a known fact that the mask can reduce oxygen levels for some people, which can be detrimental to their personal health.

Documented evidence of any applicable health condition can be used when building a defense that results in a medical exemption from the mask requirement that is being set in certain communities as opposed to requiring public mask wearing for all Arizona residents.

Never accept the notion that a disorderly conduct charge for not wearing a face mask cannot be defended in court. A dismissal can assuredly be the final outcome when an experienced and aggressive Arizona criminal attorney presents your case to the court. Always call the Law Offices of Gary L. Rohlwing for comprehensive representation.

Criminal Charges for Not Wearing COVID Face Masks is republished from 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/criminal-defense/damage/charges-for-not-wearing-covid-face-masks/

Can You Legally Avoid an Arizona DUI Checkpoint?

It may not be typical to see police officers on the road, flashing lights, and wearing reflective vests to do random DUI checks, but it does happen. In Arizona, a lot of people feel that DUI checkpoints are intimidating. They often feel that they have to prove their innocence when they go through a checkpoint, whether they’ve been drinking or not.

First of all, you have to keep in mind that DUI checkpoints are upheld under the federal constitution. Nevertheless, some drivers choose to avoid the lines, questions, and lights of these operations.

If you do not want to go through a checkpoint, see to it that you do not give the police officers any reason to pull you over. Refrain from making any erratic or illegal driving maneuvers to avoid the checkpoint. Otherwise, you will only draw attention to yourself.

Refrain from making any U-turn if you are not sure that it is safe and legal to do so. As much as possible, you should look for a side street that you can enter before you arrive at the checkpoint.

Once you arrive at the checkpoint, keep yourself cool and composed. Arizona’s DUI laws are tough, so you should keep calm to stay focused on the process.

To avoid panicking, you can research about the DUI checkpoint before you drive to your destination. Check out social media posts and read the news on checkpoints. Usually, there are more checkpoints during the weekends, holidays, and special events.

Don’t forget to prepare any documents you may need such as your auto insurance, registration, and driver’s license. Keep your documents inside your car at all times to avoid any hassle. Store them in a secure location that you can easily access, like the glove compartment.

Of course, you should also keep your vehicle clean and free from suspicious items such as alcoholic beverages, illegal drugs, and paraphernalia. If you need to use certain medications, see to it that you also have your prescriptions.

If you ever get stopped at a checkpoint, you can avoid incriminating yourself by not volunteering any information. Only answer questions that you are asked. You can also invoke your right to remain silent if you think that answering such questions could put you at risk.

In addition, take note that you have the right to refuse any field sobriety tests if the police officer does not have a probable cause or warrant. Nevertheless, you should always be respectful and polite, even if you decline to take a test.

Remember that no matter how annoying a DUI checkpoint is, it’s still necessary. It’s not there to inconvenience people but to help maintain safety and security in the area. Know your civil rights, but do not be argumentative and hostile.

If ever the worst happens and you are arrested for DUI, remember to find yourself legal assistance. You can contact the law offices of Gary L. Rohlwing since they offer DUI, criminal defense, and domestic violence representation in Arizona. You can refuse to answer any more questions until after you meet with an attorney.

Can You Legally Avoid an Arizona DUI Checkpoint? was originally published 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 https://www.criminal-duiattorney.com/dui-defense/aggravated/can-you-legally-avoid-an-arizona-dui-checkpoint/