Rodney's DUI Talk

penalty for dui in arizona

Tempe DUI Attorney

DUI laws are meant to serve the purpose of preventing drunk driving. In Arizona, the DUI laws set the legal limit for blood alcohol levels at .08%. The penalties for breaking Arizona DUI laws not only involve jail time, but will also result in the surrender of your license and most likely alcohol education and screenings. The best advice is don't drink and drive, but in the event that you are charged with a DUI offense it's recommend to call a professional Tempe DUI Attorney to review your case.

The DUI Laws in Arizona state that a person is considered to be driving under influence if they are proven to be under the control of alcohol while driving or in physical control of a motor vehicle. An individual may be tested if the arresting police officer had reasonable grounds to believe the individual was driving or in control of the motor vehicle while under the influence of alcohol or drugs.

After the arrest the individual must the blood alcohol test, the breath test or the urine test. If they refuse to perform the test, their license or permit may be suspended or denied for twelve months on the first offense and up to two years for the second offense. Under Arizona DUI laws, the probation period between the first offense and the second offense remains in effect for seven years or eighty-four months. Failure to agree to take the test or unsuccessful completion of the test is constituted as refusal.

Arizona DUI laws restrict the blood alcohol content even more when the offender is driving a commercial vehicle. The levels in this case are .08 and .04 or higher. The offender will receive a 90 day suspension of their license. They will also be to complete alcohol and drug screens. An individual who is unconscious, or unable to perform the blood test is not considered to be refusing the test.

If a person refuses the test, this fact will be noted in the officer's report to the Department of Motor Vehicles. A suspension will be order and will remain in effect for fifteen days. Surrender of their license or permit will take effect immediately. If the individual does not surrender their license, the report to the Department of Motor Vehicles will state the reason for the lack of surrender. The offender will be issued a temporary fifteen day permit until the time of their appearance in court. All the paperwork from the arrest will be forwarded to the Department of Motor Vehicles by the arresting officer. His report is subject to penalties for perjury. He cannot falsify the arrest record.

Arizona DUI laws permit the arresting officer to administer breath tests at the scene of the arrest. This test may be used at the trial. The administering officer must use a device approved by the Department of Motor Vehicles and must have department approval for administering the test. The officer should administer multiple tests. The test results should be within .02% of each other. The officer must follow the approved check list for administering the breath test. They must operate the device properly and see that it is properly maintained.

Arizona DUI laws carry severe penalties. Loss of your license is one of these penalties. Knowing the law can help you avoid additional problems. The best idea is don't drink and get behind the wheel of a motorized vehicle.

About the Author

DUI Laws in Arizona are severe and if you've been charged with a DUI or DWI offense, then you need to contact a professional Tempe DUI attorney. We offer free consultations and will fight for your rights no matter what the situation.

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drunk driving jail

Drunk Driving - Criminal Versus Civil Legal Issues

Driving while drunk is a seriously bad maneuver for a host of reasons. You will learn as much if you are involved in an accident while driving drunk. Such an accident will raise the issue of criminal versus civil legal issues you'll have to deal with in court.

There is a certain fear factor used to deter drunk driving. The fear is created by the threat of harsh penalties. The penalties range from jail time to massive fines. These penalties are all related to criminal legal actions. What is not often discussed is the fact civil actions can arise from drunk driving situations. Let's take a look at an example.

You go down to the local watering spot to watch the big game. The game takes three hours and you consume a number of adult beverages during this period. In fact, you are legally drunk. You hop in the car to drive home. You fall asleep at the wheel and run into someone else. They are taken away to the hospital and you are taken away to jail. You later learn they suffered whiplash, but are otherwise okay. So, what now?

The first thing that is going to happen is pretty much what you would expect. You are going to be charged with a DUI and a host of other charges related to it. Depending on the state, you may well be charged with a Felony DUI since an accident occurred. You'll need to hire an attorney, which is going to cost a pretty penny. You are probably going to be convicted or forced to take a plea bargain deal. This means facing everything from large fines to jail time. Basically, it is going to be a nightmare scenario, but there is more to consider.

The driver of the car you hit is going to be very unhappy as you might imagine. That person is going to sue you in civil court. Your car insurance will provide for your attorney and some money towards damages, but you are going to be responsible for the rest of any judgment. With massive car damage and physical injuries, the judgment is going to be in the tens or hundreds of thousands of dollars. This is on top of what you already spent in the criminal action.

The total cost of a DUI in both criminal and civil actions will wipe out most people from a financial perspective. Filing bankruptcy is a very common step following the cases. The next time you consume adult beverages, just spend the money on a cab. It simply makes financial sense.

About the Author

Dirk Gibson writes about drinking and driving facts for the aftermarket car parts site - DCJAutoParts.com.

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dui illinois felony

Illinois Suspended License Law

Driving on a suspended license is a different matter. It is a criminal offense, with possible penalties of up to 364 days in jail and fines of up to $2,500. If charged as a felony, there may be 3 years in prison and fines of up to $25,000. A conviction on this matter means a criminal record with the arresting police, the Illinois State Police, and in some instances, the Federal Bureau of Investigation (FBI). It means fingerprints and mug shots. Release after driving on a suspended license can be complex.

Being released requires a bond be posted in either the form of a cash deposit for the entire amount of the bond (C bond), a money deposit for 10% of the bond required (D bond), or a promise to pay a certain amount of money for failing to appear in court, sometimes known as personal or individual recognizance bond (I bond). Generally these bonds are set by rules of the Illinois Supreme Court. The differences depend upon the nature of the suspension, prior record of the person arrested, and any additional offenses related to the arrest.

If at some time in the future you should not appear in court, your bond may be forfeited and a warrant issued for your arrest. If you posted a C bond, that cash will be taken by the government. In the case of an I bond, a judgment will be entered against you for the amount of the bond (example: if it was a $2,000 I bond, a judgment for $2,000 will be entered against you for possible collection at a future date). If you posted the 10% deposit, not only will the 10% be lost, but also the full amount will be entered as a judgment against you (example, if you posted $500 on a $5,000 D bond, then not only will the $500 be lost, but also a judgment for $5,000, which the state may move to collect from you at some future date).

LICENSE INFORMATION

It is important to determine why a driver’s license has been suspended. The best way is to go to a Secretary of State’s office and get a Court Purposes Abstract. This gives your driving history and explains why a license is suspended. This knowledge will help you and your lawyer properly prepare for court. Illinois law provides for 36 types of suspensions. The most common are:

Failure to Appear in Court for a Traffic Ticket                     Mandatory Insurance Suspension
Unsatisfied Judgement Suspension                                    Parking Ticket Suspensions
Too Many Movers                                                            Auto Emissions Suspension
Failure to Pay a Traffic Fine                                              Statutory Summary Suspension
Zero Tolerance                                                                 DUI Revocation

Knowing the type of suspension can assist your lawyer in helping you. Failures to Appear can be cleared by getting the old ticket back into court. Mandatory Insurance Suspensions can be cleared by getting SR-22 insurance. Unsatisfied Judgements can be cleared in a number of ways. Sometimes suspensions for too many movers can be lifted by returning to court on old tickets and requesting that the judge lift a conviction. These are examples, and it is useful to have legal help getting your license back.

Though every case is different, any arrest for driving on a suspended or revoked license is a serious criminal case. Sometimes these cases can be dismissed because the police officer did not have a good reason to stop the driver. Usually, most judges and prosecutors consider the steps a driver has taken to restore his or her driving privileges in imposing a penalty. Experienced traffic and criminal defense attorneys are aware of the things that the courts consider. Be sure these are things your attorney knows.

For more information on Illinois Suspended License Law, Please visit:

http://peacesecurity.suite101.com/article.cfm/driving_suspended_in_illinois 

© 2007 Shestokas Raines & Malavia, P.C.

About the Author

Mr. Shestokas earned his B.A. in Political Science from Bradley University in 1975 and his Juris Doctor from The John Marshall Law School, cum laude, in June of 1987. He also studied law at Trinity College in Dublin, Ireland.

Mr. Shestokas founded the Law Office of David Shestokas in November, 1987. After practicing in areas such as criminal defense, corporate law, real estate, and business financing, he later served as Assistant State’s Attorney for the Cook County State’s Attorney’s Office in Chicago, IL, from 1994 to 1998, involved in over 5,000 criminal prosecutions. During that time he also worked on the Felony Review Unit, participating in police investigations and making charging decisions in over 400 felony matters.

Mr. Shestokas has been admitted to practice law before the Illinois Supreme Court in 1987, the United States District Court for the Northern District of Illinois in 1988, the Supreme Court of Florida in 2004, and the United States District Court for the Middle District of Florida in 2006. Additionally, he has participated in numerous activities and associations; for instance, he has been a member of the Lemont Law Enforcement Association (1998-2004), Lemont Public Library Trustee (1995-2004), Lemont Township Board of School Trustees (1998-1999), the Chicago Bar Association (from 1999 to the present), the Baltic Bar Association (1991 to the present). More detail can be found at http://www.shestokas.com/David_Shestokas.html

DuPage County Criminal Attorney | Wheaton Criminal Lawyer | Illinois

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statistics on drunk driving crashes

These Alcoholism Statistics are Really Scary

Alcoholism is a serious problem in today's world. The Institute of Medicine of National academy of science reveals the fact that nearly $40 to $60 billions has been spent every year due to alcoholism related problems. Alcoholism statistics on drunken driving, family, alcoholism in teens, deaths etc are discussed in this article.

Drunken driving statistics provides some painful facts. Though the drunken driving statistics continues to increase every year, many people continue to drive drunk. An average of one in every 30 minutes alcohol related traffic accident is happening in United States. At least 3 out of 10 Americans will be involved in alcohol related traffic accidents at some stage in their life time. The highest rate of drunken driving is associated with young people aged between 21 to 24 years.

Alcoholism statistics exposes the fact that drunken driving cause 10% property damages, 21% non fatal injuries and 46% fatal injuries. Mostly male drivers are involved in accidents due to alcoholism. However the percentage of females involved in drunk driving and causing accidents are also increasing nowadays. Drunk driving is said to be the nation's frequently committed crime.

The family statistics shows that nearly 76 million people have been addicted to alcoholism in families. Nearly 6.6 million children have at least one alcoholic parent. Nearly half of the Americans reported that they have some close relatives with drug abuse problems. Young people particularly teens have more alcohol problems.

The research shows that nearly 3 million American teens aged between 14 and 17 have the habit of consuming alcohols. It is estimated that the teens aged below 15 years develop the habit of taking alcohols have the risk of becoming addicted to alcohol in future. However the risk is low for youths who do not have the problem of alcoholism before 21 years.

The studies show that 20% of suicide victims are alcoholic. One third of alcoholic deaths are from suicides or accidents only. It is a fact that alcoholic people will get frustrated soon and will attempt to suicide.

Nearly 1, 00,000 deaths in United States are associated with alcohol. One third of alcohol deaths are suicides or accidents like car crashes, drowning, falling etc. In some cases, alcohol causes cancer and heart diseases and thereby leads to death. The study shows that alcohol related deaths are more in youths.

Men have alcohol related problems more than that of women. Nearly 3.9 million women and 9.8 million men are alcoholics. The percentage of men is three times more than that of women. The highest percentage of drinkers in both the sexes is present in youths aged from 18 to 29 years. Nearly half of the Americans reported that they have some close relatives both men and women with alcoholic problems.

In the total population nearly 13.8 million Americans have drinking problems and out of them 8 million are addicted to alcohols. More than 3 million adults aged above 60 have the problem of alcohol consumption. However these problems do have some solution. The only thing need is that the drinkers must be ready to quit the habit of drinking.

About the Author

Muna wa Wanjiru Has Been Researching and Reporting on Alcoholism for Years. For More Information on Alcoholism Statistics, Visit His Site at Alcoholism Statistics

SADD- Statistics and Drunk Driving

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dui attorney san diego

San Diego: What's So Good About It?

San Diego is one of the most understated cities in California and that is too bad because it is really a nice city to visit and to live in. First and foremost, it has the best of both worlds offering warm days and cool nights all year round. Secondly, it relatively is a peaceful place to live in for a city. Its crime rates are way below the national average. Thirdly, it has good law enforcement. So good that more often than not, if you get caught driving under the influence, without a dui defense lawyer from San Diego, you have a good chance of getting convicted. Even if you are from out of state, the laws regarding DUI in San Diego may require you to attend a hearing held by a special court to see if this case needs to be pushed through the legal system as this court is quasi 'judicial in the sense that it is handled by a court officer from the Department of Motor Vehicles to see if you need to be charged on the circuit level. This is such an intricate and sometimes biased process that you must have a good dui defense lawyer from San Diego who would know the legal wrangling in pleading your case. Better yet, don't drive if you have been drinking as it saves a lot of problems and headaches.

While San Francisco has certainly pleasant weather all year round, there are really no summers there and it does get pretty chilly in the wintertime. Los Angeles has a problem with its air pollution and when it gets to be the summer time, the barometer can really rise there to the high 90's, and it's a dry heat making it uncomfortable. Sacramento is also a nice place to live in but there are hardly any beaches there. The balance of warm and cool weather is truly San Diego.

There are plenty of nice places to live in San Diego and investing in property is good this year as it is a buyer's market. You may be able to get new homes at 40% of the asking price if you have the cash. Be patient and wait for the housing market to recovery and then sell at a profit. The other thing nice about San Diego is that if you want to visit another country, it is just a few miles away as San Diego borders Mexico.

About the Author

Don't even try
DUI in San Diego
if you want to a have a hassle free San Diego vacation. But if inevitable happens and you are in trouble, contact a
DUI defense San Diego
right away.

San Diego DUI Lawyers

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