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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.

Illegal Manufacture of Drugs in Arizona

by | Oct 2, 2017 | Underage DUI

Defending the People of Arizona

With more than 100 Years of combined experience

Illegal Manufacture of Drugs in Arizona

In Arizona, being accused of possession or sale of illegal/controlled substances is much different than being accused of manufacturing or cultivating drugs. As such, you could face much harsher penalties should you be found guilty. Understanding what state law says about the manufacture of drugs will help you seek out an experienced lawyer with the ability to build the best defense for your unique case.

Manufacture of Illegal Drugs

The majority of illegal drug manufacture charges in Arizona are related to labs for producing substances like methamphetamine or ecstasy. The manufacture of these drugs often requires the use of a range of ingredients, from the pseudoephedrine found in over-the-counter cold medications, all the way to more chemically volatile and toxic ingredients like ammonia, lithium, acetone, and ether. Sometimes, simply purchasing or owning ingredients like these can raise suspicions with the authorities. Amassing large quantities of these materials is against the law.

An entire special task force is dedicated to serving the state of Arizona as it seeks out and penalizes those who operate labs like these and manufacture illegal drugs. In the event that you are accused of operating a drug laboratory, producing illegal substances, or possessing excessive quantities of the ingredients used in the manufacture of drugs, you are up against some potentially serious consequences. Even for a first offense, the owner/operator of a meth lab may receive up to 15 years in state prison. This sentence can be enhanced to 20 years in the event that meth was produced in the presence of a child. On a second offense, an individual may be punished with a 35-year prison sentence and the loss of property. You should also be aware that the owner of a property where drugs are being produced can be held legally accountable for the manufacture – even if they were not directly involved with the production process. Because there are so many ways to be accused of being tied into an illegal drug manufacture case, it’s important to get help from an experienced criminal defense attorney like Schill Law Group immediately.

Cultivation of Illegal Drugs

In addition to being accused of manufacturing illegal drugs, you can also be accused of illegally cultivating controlled substances in Arizona. Although drug cultivation charges usually occur as the result of growing marijuana, you could also be punished for growing substances like peyote or psychedelic mushrooms. Sometimes, these drugs are cultivated outdoors, but it is more common for growers to maintain “grow houses” where they are able to regulate light, temperature, and humidity levels. As in the case of illegal drug laboratories, individuals can be legally prosecuted in situations where substances are being illegally cultivated, regardless of their level of involvement. Because illegal cultivation is considered to be a felony and carries consequences of up to seven years in prison, it’s in your best interest to hire a reliable lawyer as soon as you are formally accused.

Serious Charges Demand Serious Legal Expertise

In the event that you or a loved one is accused of illegal drug manufacture and/or cultivation in Arizona, you don’t have any time to lose. Because the freedom and future of the accused are at stake, you need to make it a priority to seek out and hire a professional criminal defense lawyer with extensive experience in dealing with drug manufacture-related charges. A free or low-cost public defender will not be able to give the time and attention required to offer up your best defense and protect your rights.

We will aggressively fight to defend you in Arizona court, regardless of your drug manufacture or cultivation charge. Give us a call to schedule a free case consultation and to get started on your defense today.

What Does Arizona Law Say About Underage DUIs?

by | Sep 4, 2017 | DUI, Underage DUI

Defending the People of Arizona

With more than 100 Years of combined experience

What Does Arizona Law Say About Underage DUIs?

According to the Center for Disease Control and Prevention, an incredible 43.8 percent of Arizona teenagers drink alcohol. As a parent, this news can be quite alarming – especially if your teen is a licensed driver. What happens if your child makes the decision to drink and then get behind the wheel? This type of risky behavior can lead to a number of consequences. Today, we’ll explore what happens when an underage driver is caught under the influence of alcohol.

Arizona Underage DUI Laws

Under regular circumstances, Arizona law tolerates a driver with a Blood Alcohol Content of 0.8 or less. This, of course, assumes that the driver is an adult of the legal drinking age of 21 or older. Underage drivers, however, are held to a different standard. Arizona’s “zero tolerance” policy mandates that minors can be charged with driving under the influence of alcohol if their Blood Alcohol Content is at 0.01% or higher. For this reason, the team at Schill Law Group has handled many cases where a teen driver was charged with trace amounts of alcohol in his or her system. It is important for parents and minors alike to be aware of the law. Even in situations where you might want to allow a minor to consume a very small quantity of wine for religious purposes such as communion or Seder, it’s advisable to reconsider. Not only is it illegal to provide a minor with alcohol, you could be putting your child into harm’s way by allowing him or her to drive after ingesting said alcohol. Any amount of alcohol found in an underage driver’s system could lead to an arrest.

First Offense

In the event that a minor is pulled over and charged with an underage DUI, you may be wondering what happens next. In Arizona, this will depend on both the severity of the driver’s impairment and the number of past offenses. The potential consequences for a first offense include:
  • Up to six months in juvenile detention or jail
  • Extensive court fines and fees up to $2,500
  • Class 1 misdemeanor charge
  • Suspension of driving license for up to two years
  • Mandatory drivers education classes
  • Probation

Second and Multiple Offenses

If an underage driver is charged with a DUI more than once, he or she will face harsher consequences. These second-time offenders create dangerous conditions for themselves, their passengers, and other drivers on the road, and a judge is much less likely to look upon these risky actions with much leniency. Amongst other things, an underage driver may receive jail time, the extended suspension of his or her driver’s license, and larger fines. In cases where a minor has been charged with a DUI multiple times, it’s very important to hire an experienced DUI attorney. We never advise attempting to represent yourself after multiple charges have been received.

Have you or someone you love recently been charged with an underage DUI? It’s important to remember that, while all of these are the potential consequences of receiving an underage DUI, you may find that with the help of a defense attorney, a judge may hand down a less severe punishment. Even so, you should be prepared for the fact that any outcome is possible. For the best result, we urge you to schedule a consultation with Schill Law Group. Give us a call to learn more or get started today.

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