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What’s the Difference Between a Felony DUI and a DUI?

What’s the Difference Between a Felony DUI and a DUI?

by | Dec 18, 2020 | DUI

DUI DEFENSE ATTORNEYS

MORE THAN 100 YEARS COMBINED EXPERIENCE

What’s the Difference Between a Felony DUI and a DUI?

The inherently dangerous act of driving under the influence can never be excused or shrugged off. If the authorities arrest you, the law will punish you accordingly depending on whether you committed a misdemeanor or felony DUI violation.

Knowing the difference between a misdemeanor DUI charge and a felony DUI charge is important. The dangers of impaired driving should already be reason enough for you to sober up before getting behind the wheel. If they are not enough, though, the penalties you could receive should give you more reasons to reconsider.

Let’s talk about the differences between a misdemeanor and a felony DUI charge in this article. The information here should tell you all you need to know about how seriously Arizona takes impaired driving and why you should avoid it.

A Refresher on Drunk Driving in Arizona

Before we get into differentiating the misdemeanor and felony variants of DUI charges, let’s focus first on what drunk driving is. Alcohol intoxication can impact how you perceive your surroundings and how you control your body. Given alcohol’s effects on the body, individuals who are intoxicated while driving pose a greater risk to themselves and the people around them.

The legal limit for blood alcohol concentration (BAC) is 0.08 percent. The authorities can charge drivers with a BAC level that exceeds 0.08 with a DUI violation.

Notably though, that legal limit only applies to drivers of private vehicles who are twenty-one years old or older.

In the state of Arizona, they can still charge drivers of commercial vehicles with a BAC level above 0.04 with DUI. For drivers under the age of twenty-one, any level of alcohol in their bodies will warrant a DUI charge.

When Is a DUI Charge Considered a Misdemeanor Violation?

Most of the time, they will regard a DUI charge as a misdemeanor if it’s your first violation. That is usually the case regardless of whether you were driving a private or commercial vehicle. Drivers under the age of twenty-one who get a DUI are likely to receive a misdemeanor violation.

A first-time DUI charge remains a misdemeanor violation if you did not harm anyone due to your negligence. They would not elevate the charge if you did not have anyone under the age of fifteen inside your vehicle.

What Are the Penalties for a Misdemeanor DUI Violation?

You can expect to receive some significant penalties even if it’s your first misdemeanor DUI charge. Jail time will be among the penalties you face. To be more specific, you may spend time in jail for no less than ten consecutive days.

Arizona residents in violation of the state’s DUI laws for the first time will also pay a fine. The minimum amount you’ll pay is $1,250.

Violators will also render community service and take part in alcohol education, screening, and treatment. In Arizona, individuals found guilty of violating their DUI laws will also get a certified ignition interlock device attached to any vehicles they drive.

Points are additional aspects of DUI penalties. Eight points are added to your record if you commit a DUI violation.

Because you have eight points on your record, you are a candidate to have your driving privileges suspended for up to twelve months. You will need to attend Traffic Survival School to avoid getting your driving privileges suspended.

One more thing to note here is that the penalties apply only to those with a misdemeanor DUI violation. That means your BAC level is at 0.08 percent or higher but below 0.15 percent. If you receive an extreme or super extreme DUI misdemeanor charge, the penalties will be different.

How BAC Level Affects Your Penalties

A subject of significant confusion is whether your BAC level will affect the kind of charge you receive. It’s easy to see why Arizona residents can get confused considering the state uses different terminologies when referring to DUI charges based on BAC levels.

For instance, if your BAC level is over 0.15 percent, you could get an extreme DUI charge. You could also receive a super DUI charge if your BAC level is 0.20 percent or higher.

Those distinctions don’t mean much in terms of whether you’ll get a misdemeanor or a felony. Even if your BAC level qualifies you for a super extreme DUI charge, they will regard it as a misdemeanor.

So, if the BAC level does not change a misdemeanor to a felony, why do extreme and super extreme DUI charges still exist? The distinction is necessary because it affects the penalties assessed.

In the case of an individual hit with an extreme DUI misdemeanor charge for the first time, jail time will be a minimum of 120 days. The individual will also pay a minimum fine of $3,250 and have their license revoked for twelve months. The same penalties regarding alcohol education, screening, and treatment, plus community service and the certified ignition interlock device will remain in effect.

Is a Second DUI Violation Considered a Felony?

Like we noted earlier, you’ll likely receive a misdemeanor violation the first time you’re guilty of impaired driving. But what about the second time you violate Arizona’s DUI laws? Will you be charged with a felony then?

The answer depends on a few factors.

The charge you ultimately receive will depend on whether you caused injury while drunk driving. Causing serious injury typically means that your charge will go up to a felony.

They can also charge you with a more serious crime if you were drunk driving while someone under the age of fifteen was in the vehicle.

Basically, the same criteria that could lead to you receiving a felony for your first DUI violation still apply the second time around. However, there are additional factors they will look at.

Remember, they can suspend your driving privileges if you fail to attend Traffic Survival School. If they suspend your driving privileges, getting caught drunk driving again will result in a felony charge.

If the arresting officer finds that a certified ignition interlock device was attached to your vehicle when you were driving drunk, you can expect to receive a felony. That device is supposed to prevent the vehicle from starting if your BAC level is over the legal limit. The fact that you were drunk driving means that you either tampered with or circumvented the device in some way.

What Are the Penalties for a Second Misdemeanor DUI Violation?

The penalties will be harsher the second time you receive a misdemeanor DUI violation.

Mandatory jail time will be a minimum of ninety days. Meanwhile, your minimum fine will be $3,000. You will also render community service again.

A certified ignition interlock device will again be attached to your vehicle. Repeat violators will also undergo alcohol education, screening, and treatment.

Lastly, they will revoke your driver’s license for twelve months. That will be the case even if you decide to attend Traffic Survival School.

What Is Aggravated DUI?

To put it simply, aggravated DUI is what you’ll receive if your DUI violation goes from being a misdemeanor to a felony. So, what constitutes an aggravated DUI charge in Arizona? The courts will look at a variety of factors when determining that.

First, they’ll consider if your drunk driving led to injury or possibly even cause someone’s death.

Next, the courts will consider if you were driving recklessly while under the influence of alcohol. A factor they consider is the age of the passengers with you.  If someone under the age of fifteen was in your vehicle while you were driving drunk, you would likely receive a felony.

Also, driving in the wrong direction while drunk is another example of being reckless on the road. You could get a felony because of that.

The courts will also not take kindly to you if you ignored their orders. Driving sober with a revoked license can already get you in plenty of hot water. Driving drunk with a revoked license will lead to a felony charge.

You should also avoid messing with your certified ignition interlock device. Felony charges will be handed down to a drunk driver with certified ignition interlock devices attached to their vehicle.

One more factor that matters in aggravated DUI cases is the number of times you’ve been arrested for this same violation. Arizona law dictates that drivers who are caught driving drunk a third time within a span of eighty-four months will be charged with a felony. Subsequent violations will also lead to a felony.

What Are the Penalties for an Aggravated DUI Charge?

The penalties handed down for aggravated DUI charges are mostly similar to the ones that are attached to misdemeanor cases. Guilty parties will attend alcohol education, screening, and treatment. They will also need to perform community and get a certified ignition interlock device attached to their vehicle.

A person guilty of aggravated DUI will also have their driver’s license revoked for twelve months.

The most significant difference between the penalties handed down for misdemeanor and felony DUI charges is the type of incarceration they will receive.

Individuals guilty of aggravated DUI can count on harsher punishment in that regard. The time they spend incarcerated will be no more than two years. On top of that, they will also serve their sentence in prison instead of jail.

felony dui checkpoint

What Are Other Ways a Person May Be in Violation of Arizona’s DUI Laws?

Arizona residents should know that you don’t need to fail a test to violate the state’s DUI laws. If you’ve been stopped because they suspected you were driving under the influence and you refused the tests, they can revoke your driver’s license for up to twelve months.

Drivers who refuse the test a second time within 84 months may lose their license for a longer period. In that case, the period of revocation could last for two years.

Losing your driver’s license is already a significant inconvenience, but that’s not all you need to worry about. Drivers who refuse the test will also undergo alcohol screening before their driver’s license can be reinstated.

How Can an Attorney Help if You’ve Been Charged with Drunk Driving?

There is no excuse for drunk driving. If you’ve had a few drinks, you have no business getting behind the wheel of your vehicle. Ride with a sober friend, book a ride via a ridesharing app, or hop into a taxi if you want to get home while you’re still intoxicated.

Still, even responsible people can make mistakes from time to time. If you believe that you did make a mistake, but you did not commit a felony, an attorney can help you out.

Your attorney could argue that the police officers were using faulty equipment when they tested your BAC level. An attorney could also argue that you did not know you had consumed an alcoholic drink before you got into your vehicle.

They can use different defenses in DUI cases to prove your innocence. Partner up with a skilled and experienced Arizona attorney if you want justice for your case.

Arizona residents in need of an attorney can approach us at the Schill Law Group for assistance. Contact us today, and we’ll help you fight any erroneous charges against you.

Understanding the Arizona DUI Laws

Understanding the Arizona DUI Laws

by | Sep 23, 2020 | DUI, Laws

DUI ATTORNEYS

MORE THAN 100 YEARS COMBINED EXPERIENCE

Understanding the Arizona DUI Laws

Few things can be as dangerous on the road as a drunk driver. Arizona DUI laws are supposed to keep residents safe from them.

However, not everyone may fully understand those laws, and that can be a real problem. If people are not aware of what constitutes driving under the influence in Arizona, then they may wrongly assume that they are not breaking any laws when they get behind the wheel of their car.

Some drivers may also be unaware of what penalties wait for them if they are driving under the influence. In that case, further education is welcome because a lot of Arizona drivers will decide to sober up knowing how big of a risk they could be taking.

Find out more about the Arizona DUI laws and develop a better understanding of why drunk driving is an awful idea by reading on.

The Statistics Showing Why We Need to Sober Up

Even one death or injury caused by drunk driving is one too many. Sadly, this demonstration of grossly irresponsible behavior can lead to more than a terrible incident.

According to Responsibility.org, alcohol-impaired driving fatalities accounted for 28.2 percent of total driving deaths in Arizona. Furthermore, 20 percent of under-21 driving-related fatalities in the state are young people who took to the road while they were still experiencing the effects of the alcoholic drinks they consumed.

What’s probably even more concerning is that instances of people driving under the influence in Arizona have increased in recent years.

The same site notes the 10-year change in alcohol-impaired driving fatalities per 100,000 members of the population. They note that for the timeframe going from 2009 to 2018, there was a 15.6 percent increase in those alcohol-influenced driving fatalities.

Even if you only account for the drivers under the age of 21, the increase is still notably increased. For that same period of time, there was a 3.1 percent increase in the number of under 21 alcohol-related driving fatalities per 100,000 members of the population.

Those trends are highly disturbing, and they must be slowed down as soon as possible. Teaching more motorists about what constitutes drunk driving could help in that regard.

DUI laws in AZ

What Qualifies as Driving Under the Influence in Arizona?

There are different levels of driving under the influence in Arizona. They come with different penalties so learning more about them is crucial.

DUI

First off, you have DUI cases. Notably, what constitutes a DUI charge can vary depending on why the driver was on the road.

The BAC (blood alcohol concentration) level for drivers of private vehicles cannot be above .08 percent. While you might assume that it takes a while before your blood alcohol concentration reaches that level, that is not necessarily the case.

Per the Arizona Department of Public Safety, even a single 8-ounce beer can cause your BAC level to surpass that threshold. That’s especially true if you are on the lighter side in terms of weight.

The threshold is even lower if you are the driver of a commercial vehicle, i.e., buses, taxis, or other similar modes of transportation. Instead of .08 percent, the BAC threshold for commercial drivers is 04 percent.

As you can imagine, it’s even easier to go past that limit as even a 5-ounce glass of wine could be enough to disqualify you from getting behind the wheel if you’re a commercial vehicle driver.

Individuals under the age of 21 are not allowed to drive if they have had any alcohol at all.

What Are the DUI Penalties in Arizona?

The severity of the penalties after being cited for DUI depends on whether the incident in question represents your first time with such an offense or if you’re a repeat offender.

For First-Time Offenders:

  • Community Service – You will be required to render a certain amount of community service.
  • Mandatory Alcohol Screening – Offending drivers will be required to undergo alcohol screening following their arrest. The screening is also necessary if the offending individual wants to reinstate his/her driving privileges.
  • Traffic Survival School – You must attend Traffic Survival School if you want to reclaim your driving privileges.
  • Installation of Certified Ignition Interlock Device – A certified ignition interlock device keeps your vehicle from starting if your BAC is above a certain level. You will have to blow into it if you want to drive. The device may also ask you to blow into it additional times after you start driving.
  • Loss of Driving Privileges – You will lose your driving privileges right away after being arrested for DUI. Your license could end up suspended anywhere from 90 days up to a year.
  • Jail Time – Behaving irresponsibly can land some drivers in jail. First-time offenders may spend 24 hours in jail or serve a sentence that goes up to 10 days.
  • Fines – A $250 base fine on first-time DUI offenders.

For Second-Time Offenders:

  • Community Service
  • Mandatory Alcohol Screening
  • Traffic Survival School Attendance
  • Installation of Certified Ignition Interlock Device
  • Loss of Driving Privilege – Your driver’s license will be suspended for a year at least.
  • Jail Time – Second-time offenders may be sentenced to a 30-day stay in jail, but that can go up to 90 days.
  • Fines – The base fine climbs to $500 for second-time DUI offenders.

For Third-Time Offenders:

  • Community Service
  • Mandatory Alcohol Screening
  • Traffic Survival School Attendance
  • Installation of Certified Ignition Interlock Device
  • Loss of Driving Privileges – You won’t be able to drive for a year.
  • Jail Time – Third-time DUI offenders can expect to spend a minimum of four months in jail.
  • Fines – Third-time DUI offenders will pay a $750 base fine.

Extreme DUI

Arizona DUI laws also account for cases of extreme DUI. These are the cases wherein the driver’s BAC level is above 0.15 percent.

Unsurprisingly, penalties are harsher for individuals found guilty of extreme DUI, as the Arizona Department of Transportation shows.

For First-Time Offenders:

  • Community Service
  • Mandatory Alcohol Screening
  • Traffic Survival School Attendance
  • Installation of Certified Ignition Interlock Device
  • Loss of Driving Privileges
  • Jail Time – Your jail sentence is not going to be anything shorter than 30 days. On top of that, you will not be eligible for probation or a suspended sentence.
  • Fines – People driving with a BAC level over 0.15 percent will pay a fine no smaller than $2,500.

For Repeat Offenders:

  • Community Service
  • Mandatory Alcohol Screening
  • Traffic Survival School Attendance
  • Installation of Certified Ignition Interlock Device
  • Loss of Driving Privileges
  • Jail Time – An additional extreme DUI arrest can lead to you spending at least 120 days in jail.
  • Fines – Along with all the other penalties, repeat extreme DUI offenders must also pay a fine of at least $3,250.

What Is Aggravated DUI?

There is also a violation known as aggravated DUI in the state of Arizona. You can be charged with aggravated DUI if the following conditions apply:

  • You are guilty of a DUI offense while your driver’s license was still suspended, canceled, or revoked.
  • You had two prior DUI charges on your permanent driving record when you were cited for the same violation a third time within a span of 84 months.
  • You had a person under the age of 15 inside the vehicle while you were driving under the influence.
  • You committed a DUI offense while a certified ignition interlock device was in your vehicle.
  • You refuse to submit a blood alcohol content test while a certified ignition interlock device was in your vehicle.

dui penalties

The Penalties for an Aggravated DUI Charge

The penalties you’ll face if the state finds you guilty of aggravated DUI are pretty similar to the ones that accompany other DUI charges. You’ll need to render community service, submit to alcohol screening, attend Traffic Survival School, have a certified ignition interlock device installed on your vehicle, and lose your driving privilege.

You’ll also be facing jail time. This time around, your jail sentence could last up to two years.

Can You Be Charged with DUI Even without Driving?

Arizona takes road safety seriously. In addition to their DUI guidelines and penalties, they have also enacted a law that hopes to curtail a DUI offense before it can even begin.

According to the Arizona Governor’s Office of Highway Safety, it is illegal for anyone to be in “actual physical control” of a vehicle if they are under the intoxicating influence of alcohol.

So, what does that mean? Well, it means that you should remember to steer clear of the driver’s seat if you’ve been drinking.

They can find you guilty of this offense if a police officer sees you behind the wheel of the vehicle while it is running. The headlights of the vehicle being turned on could also spell trouble for you.

The location of the vehicle also matters. If it was in a parking lot while you were resting in the driver’s seat, then you’re probably in the clear. If the vehicle was stopped on the road or perhaps about to enter the road, you may have a hard time arguing your innocence.

This law pertaining to “actual physical control” of the vehicle is one of the trickier ones to argue against. Lawyer up if the state is charging you with this type of violation.

How the Government Is Working to Curb Drunk Driving

In addition to the harsh DUI laws and penalties, the government is also doing other things to help discourage drivers from getting into the driver’s seat while drunk.

According to the Centers for Disease Control and Prevention, these measures include establishing sobriety checkpoints and having high-visibility saturation patrols roam the streets at times during which drunk driving is more prevalent.

To further discourage young drivers from taking to the road while drunk, the government is also investing in school-based instructional programs.

What You Can Do to Avoid Drunk Driving

Stopping the epidemic of drunk driving starts with ourselves. By being smarter and more responsible whenever we go out, our roads can become significantly safer.

Listed below are some tips for you to follow if you want to avoid drunk driving.

Bring Extra Cash if You’re Going Out

It’s easy to say that you won’t have an alcohol drink while you’re still at home. The reality, though, is that your mood might change as soon as you reach the restaurant or the bar. At that point, refusing the temptation of having an drink becomes significantly harder.

Training yourself to say no to an alcoholic drink is important, but you should be ready if you cannot resist that temptation.

Err on the side of caution by taking some extra cash with you. If possible, make sure the cash is a little over what you’ll need to pay for a ride home.

You may be hesitant to use your smartphone to pay for anything while you’re intoxicated, so go ahead and hail a taxi and pay with cash.

Make Sure Your Smartphone Is Charged

While we’re on the subject of smartphones, it’s also a good idea to bring yours along whenever you go out. Like we said above, we can never be certain what will happen once we’re outside.

Thanks to your smartphone, you can call up a family member or friend to pick you up if you’ve been drinking. There’s no need to even attempt to drive home while drunk.

Don’t Take Your Car with You if You’re Planning to Have Some Drinks

Perhaps the easiest way to avoid the temptation of driving while drunk is to leave your vehicle at home. With the prevalence of ride-sharing services these days, you don’t need to take your car with you every time you want to go blow off some steam.

Leave the car keys at home, book a ride, and enjoy your night out without endangering yourself or anyone else.

Driving under the influence of alcohol is never acceptable. It puts you and numerous other drivers and passengers in danger. On top of all that, you could quickly find yourself in a legal nightmare if you’re drunk driving.

If you’ve made that mistake, you need to face the charges properly. Allow us at the Schill Law Group to help you get a fair sentence from the court. Reach out to us today to learn about our services.

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My Teen Was Arrested for a DUI – Now What?

by | Feb 27, 2018 | Criminal Charges, DUI, Felony, Underage DUI

Defending the People of Arizona

With more than 100 Years of combined experience

My Teen Was Arrested for a DUI – Now What?

The next few months will be a very busy period for Arizona teenagers. Spring break often means time out of school and partying with friends. April brings Prom dances and an increase in underage drinking. Graduation is also a time for parties and living it up. All of this leads to the increased risk of teenagers drinking or smoking marijuana and getting behind the wheel of a car. So what happens if your teen is arrested for a DUI? Read on to learn more.

Consequences of an Underage DUI in Arizona

We’ve said it before and we’ll say it again: Arizona has some of the toughest DUI laws in the nation. The Arizona police force and court system don’t take it any easier on teens who drink and drive than adults who are charged with the same crime. In fact, teen drivers are subject to even more scrutiny than those who drink and drive at the legal age of 21.

Arizona has what is known as a “zero tolerance” policy for underage drivers. While a driver aged 21 or older may be arrested for a DUI if he or she shows significant impairment or has a BAC (Blood Alcohol Content) of .08 or higher, a teenager may be arrested for a DUI if he or she has a BAC of any higher than 0.0. So, what happens if a teenager is arrested for a DUI? What consequences does he or she face? Here’s a look at six of the most common penalties for drinking and driving underage:

  • Juvenile Detention or Imprisonment – Underage drivers who are still under the age of 18 may be faced with as many as six months in a juvenile detention center. Those who are legally considered to be adults but still under the legal drinking age may also face imprisonment in a county jail. These individuals will also receive a misdemeanor charge on their adult records.
  • Fines – Even underage drivers can be charged with significant fines if convicted of driving under the influence of drugs or alcohol. Parents of minors charged with a DUI may be responsible for the $2500 in fines, as well as any court fees or attorney fees.
  • Driving Suspension or Restrictions – The driver’s licenses of underage drinkers will often be suspended or revoked for a specific length of time after being charged with a DUI. Judges are very strict with this policy because they want underage drinkers to learn about the severe penalties associated with drinking and driving. Even when driving privileges are reinstated, your teen may be required to install an ignition interlock device which will ensure that he or she is unable to operate the vehicle while under the influence of alcohol.
  • Treatment Programs – In some cases, an Arizona judge may see fit to assign the arrested and convicted teen to rehabilitation or treatment programs for drug and/or alcohol abuse. This may mean that a teen is required to attend a certain number of Alcoholics Anonymous or Narcotics Anonymous meetings, or it could mean that your teen will need to live in an in-patient treatment center for a specific number of days or months.
  • Community Service – Many Arizona judges will assign underage drinkers who have been convicted of a DUI to community service hours. These hours must be completed in a certain window of time in order to avoid further fines or repercussions.

What to Do If Your Teen is Arrested for a DUI

Because the penalties for an underage DUI are so hefty in Arizona, it’s important that you act quickly after your child is arrested.

Be sure to reach out to expert legal representation immediately. The Schill Law Group is here to help in your hour of need. Call us to schedule a free case evaluation today.

What to Expect After a DUI Arrest

by | Jan 29, 2018 | DUI, Felony, Underage DUI

Defending the People of Arizona

With more than 100 Years of combined experience

What to Expect After a DUI Arrest

Driving under the influence of alcohol or drugs is no laughing matter – especially in the state of Arizona. With some of the strictest DUI laws in the nation, Arizona is notorious for stopping and arresting impaired drivers. So, what happens when these drivers are pulled over and detained by the police? What about after the arrested driver is released from jail? How long does the DUI process take? Read on to learn everything you need to know about what to expect after a DUI arrest.

The Arrest

If an Arizona police officer believes that your driving is impaired by alcohol (regardless of your BAC) or other substances, he or she will likely place you under arrest. At this time, you will typically be handcuffed and placed in the backseat of their police car. This step is usually taken as a means of preventing you from forcing yourself to vomit before taking a breathalyzer/ blood test.

Questioning

After the arrest, you may be escorted to a local precinct or to a mobile DUI van. At this time, you will probably be asked many questions by the police. You have the right to remain silent or to request an attorney. It’s in your best interest to not answer any questions that may incriminate you. Beyond giving the police your driver’s license, vehicle registration, and insurance info, you are not legally obligated to disclose any further information.

Breathalyzer/Blood Testing

Next, you will be asked to submit to a breathalyzer or blood test. Any results from this type of testing could be used as evidence against you in the Arizona court system. Should you refuse testing, however, you will receive an automatic driver’s license suspension for a period of one year.

Jail

Depending on the circumstances surrounding your arrest, you may be released into the care of a sober friend, relative, or cab driver, or you may be booked into jail. Generally speaking, you will be booked into jail in situations where you have an outstanding warrant for your arrest, you failed to provide identification, if you are aggressive with the police officer, or if there are other aggravating conditions.

Court Appearance

Regardless of whether you were released or booked into jail, you will be issued a citation and a court date. After investigating your BAC results, arrest circumstances, and criminal history, a prosecutor will decide whether to charge you with a misdemeanor or felony DUI. Misdemeanors are usually handled by a city court, whereas felony DUIs are handled in superior court.

Having an experienced attorney like ours at the Schill Law Group represent you in the courtroom can help your case significantly. Hiring legal representation shows that you are taking your DUI arrest seriously and are willing to do what it takes to make amends. It is highly advisable that you never appear in court without a lawyer.

Sentencing

Finally, a judge will issue your sentencing. Depending on the circumstances of your arrest, you could face a number of consequences ranging from DUI education, loss of your license, ignition interlock systems, fines, community service, and jail time. Your lawyer will best be able to evaluate the conditions surrounding your DUI and provide you with the most accurate information on what to expect.

Have you or a loved one been arrested for a DUI in Arizona? There’s no need for you to go it alone during this difficult time. The Schill Law Group has years of experience with DUI cases and we are here to walk you through the process and fight to secure the best outcome. Call our office to schedule a free case consultation today.

Drive Safely and Avoid a DUI During the Holidays

by | Dec 18, 2017 | DUI

Defending the People of Arizona

With more than 100 Years of combined experience

Drive Safely and Avoid a DUI During the Holidays

It’s the most wonderful time of the year – so long as you aren’t getting slammed with a drunk driving charge! DUI arrests tend to peak during the holiday season. In fact, between Christmas and New Year’s Eve, the United States sees the number of DUI-related fatalities increase by an incredible 34 percent. As such, Arizona police officers are out in force throughout the season in order to catch impaired drivers in the act. Don’t let your holiday celebrations become marred by a DUI arrest. Here are a few smart tips for avoiding a holiday DUI.

Tip #1: Don’t Drink and Drive

Let’s start with the obvious. The simplest and most effective way to avoid being arrested for driving under the influence is to NOT drive under the influence. The state of Arizona is extremely strict with its DUI policies, and even “buzzed” driving can get you into trouble. In fact, you don’t even need to be over the legal limit to be arrested for a DUI. If you have consumed any alcohol and an officer believes that you have demonstrated behavior that shows any level of impairment, you could find yourself in trouble. Schill Law Group has worked with numerous individuals throughout the years who have ended up with DUIs in situations like these.

Tip #2: Celebrate at Home

If you like to eat, drink, and be merry during the holidays, you might consider playing host to your next big holiday shindig. Having the party in your own home means that you can drink without worrying about getting behind the wheel. As an added bonus, this means that you can also be mindful of others who might have a tendency to act irresponsibly while celebrating.

Tip #3: Choose a Reliable Designated Driver

Most responsible adults understand the importance of asking someone to act as a “designated driver” during an evening of drinking. If you’ve decided that a designated driver is the right move for you, make sure that your driver is completely reliable and will not have even a sip of alcohol during the evening’s festivities. If you feel guilty about a friend staying sober, pitch in together and give him or her a thank you gift for their efforts.

Tip #4: Call a Cab – Even If You Live Close

Living close to a party doesn’t increase your chances of getting home safely – nor does it decrease your chances of getting nailed with a DUI charge. Walking home might not be such a great call, either. If you’ve consumed enough alcohol, you could end up getting in trouble for public intoxication. The fee for a cab or an Uber is a whole lot less than the fines you would face for a DUI or public intoxication charge.

Tip #5: Book a Hotel or Crash with a Friend

If you’re planning on drinking at a holiday celebration away from home and are unable to secure a designated driver, it’s in your best interest to book accommodations at a hotel, or to find a local friend who will let you stay at his or her place. Be sure to make your plans in advance so that you know exactly where you’re going and can get there safely after a night of drinking with friends.

Tip #6: Know Where DUI Checkpoints Are

Before heading out for a weekend of celebrating, it’s smart to do your homework and find out where the local DUI checkpoints will be set up. Many media sources will report this type of information. DUI checkpoints can be very tricky to navigate – even when you’re sober or are far under the legal limit – so it’s generally in your best interest to avoid these areas whenever possible.

Tip #7: Behave Yourself

In the event that you do get pulled over by the police, be as polite and cooperative as possible – without incriminating yourself. Be sure to check out our previous blog on how to handle field sobriety test requests in order to protect yourself and your rights.

Have you or a loved one been arrested for a DUI this holiday season? The Schill Law group is here for you. Give us a call for a free case evaluation today.

Do You Have to Complete a Field Sobriety Test?

by | Sep 11, 2017 | DUI

Defending the People of Arizona

With more than 100 Years of combined experience

Do You Have to Complete a Field Sobriety Test?

Being pulled over by the police is always scary, but being asked to submit to a field sobriety test can be even scarier. Whether an officer has pulled you over on suspicion of DUI or you have been stopped at a DUI checkpoint, you may find yourself panicking and unsure of how to handle yourself. Should you be 100 percent cooperative and do everything the officer asks, or should you take the Fifth and refuse to comply with tests? Do you even have the right to decline a field sobriety test? The answers to these questions are more complex than a simple “yes” or “no.” Because of this, we’ve dedicated an entire post to discussing whether or not you must – or should – complete a field sobriety test.

The Object of Field Sobriety Testing in Arizona

These tests exist as a means of helping a police officer determine whether or not an individual is driving under the influence of alcohol or drugs and is posing a threat to himself and others on the road. Unfortunately, field sobriety tests can be difficult to pass even if you’re not intoxicated – especially if you’re feeling nervous or on edge. What’s more, an officer’s judgment of a field sobriety test is entirely subjective (except in the instance of a breathalyzer test), and an officer could determine that an individual is inebriated just because he or she has general balance issues or struggles to complete a task that they are not accustomed to doing. This is why the help of the experts at Schill Law Group is often needed after a field sobriety test has been failed.

What Happens if You Refuse to Complete a Field Sobriety Test in Arizona

Knowing that field sobriety tests can be tricky and that officer judgments are subjective might sway you toward refusing to complete field sobriety tests. Here’s where things get a little bit complicated. In the state of Arizona, you have the right to decline when an officer asks you to take a field sobriety test, the tasks of which may include walking a straight line and/or standing on one leg. The real question is whether or not you SHOULD decline. In many cases, refusing to complete a field sobriety test can and will be viewed as an admission of guilt. For this reason, you may need to be prepared to be placed under arrest for a DUI. Once you have been arrested, you may be required by law to submit to a breathalyzer test. Should you decide not to submit to a field sobriety test, you may want to consider remaining silent and allowing your attorney to speak on your behalf.

Things to Consider Prior to Completing a Field Sobriety Test in Arizona

In the event that you are asked to submit to field sobriety testing, there are a few things that you should keep in mind:
  • If an officer has pulled you over and is requesting that you complete a field sobriety test, he or she is already suspicious and likely already intends to arrest you for a DUI. At this point, the officer is asking for DUI testing to gain more evidence against you.
  • Field sobriety tests can be inaccurate and certain medical conditions, medications, or even the way in which the testing is administered may impact the outcome.
  • Certain medical conditions could cause you to outright fail, even if you have not had anything to drink.
  • Refusal to complete a field sobriety test will likely lead to your arrest in Arizona.

If you have failed an Arizona field sobriety test (whether you were intoxicated or not), you need an experienced DUI attorney on your team. Contact the professionals at Schill Law Group to discuss the details of your case during a free consultation.

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