DUI Lawyers in Phoenix News : Sheriff Joe Arpaio Denied - Again

Maricopa County Sheriff Joe Arpaio has lost yet another round in his near-endless quest to read the email of Superior Court judges.

This decision, from the Arizona Court of Appeals, appears to mark the third such rejection. Arpaio's request was initially rejected by Maricopa County Superior Court Judge Norman Davis, a decision Arpaio then appealed. The appellate court unanimously upheld Judge Davis' rejection in June.

This summer, Arpaio and Maricopa County Attorney Andrew Thomas apparently hired a high-priced Washington, D.C. firm to file a special action reiterating the claim once again, this time demanding that the court turn over very similar records as covered in the first request. (The only difference seems to be that in the first case, they were demanded by Arpaio's then-flack Paul Chagolla; this time, the request came from Arpaio's chief deputy, David Hendershott, and he was also seeking information about the "storage" of old records.)

Yet the appellate court struck down the claim just two days later -- without even holding a hearing.

Really, do you think they can just let this one go now and stop wasting our money? Records show that Arpaio filed his latest "petition for special action" on September 29. The petition was filed by Phoenix lawyer J. Arthur Eaves, but noted that Carter Phillips of the D.C.-based firm Sidley Austin had filed a pro hac vice motion to serve as Arpaio's lawyer, too. (Those motions are typically used when an out-of-town lawyer wants to work with a local attorney on an Arizona case.)

Phillips appears to be a heavy hitter. He's the managing partner at Sidley Austin -- and he was actually a law clerk to former U.S. Supreme Court Chief Justice Warren Burger. He's argued 56 cases in front of the Supreme Court.

They couldn't find anyone cheaper for a public records dispute?

Indeed, Phillips' time on the 40-page brief filed on Arpaio's behalf in this case couldn't have cheap. But Arpaio's use of a pricey out-of-state firm appears to be part of a trend for him and his BFF, Maricopa County Attorney Andrew Thomas.

Yesterday, a federal appeals court refused to reconsider Thomas' lawsuit against on the county's Spanish language DUI probation program -- even after Thomas brought in the white shoe D.C.-based firm Jones, Day to argue the case on his office's behalf.

And then, of course, there's those "celebrity prosecutors" from D.C., Victoria Toensing and Peter DiGenova, who Thomas has brought in to handle the case against Maricopa County Supervisor Don Stapley. Those guys, we know, are charging an arm and a leg: $475 an hour for in-court fees and $150 for "travel time."

But if the recent losses on the public records special action and the Spanish DUI program is any indication, Thomas and Arpaio would have been just as well off saving a few bucks and just using Lisa Aubuchon. Hey, at least she knows how to lose their crappy politically-driven cases on a county salary!

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Costs of a DUI Charge

A DUI charge comes with some of the most damaging penalties of any crime where most offenders actually serve relatively little jail time. The serious penalties of dui are partly in effect as a means of highly discouraging this activity. For people actually aware of the true, all-inclusive cost of a DUI charge, the argument is more than convincing. For example, studies have revealed that for individuals arrested for driving under the influence, without causing an accident or injuring another, the costs associated with the dui criminal charge will tab-out at an average of well over $10,000. Considering that most DUI charges are misdemeanor arrests, which are entirely avoidable through the negligible expense of finding a cab or getting a ride, the cost of a DUI charge is really never worth it. Sadly, however, the Federal Bureau of Investigation notes that 1.37 million drivers were charged with DUI in the last year alone.

Initial Expenses after an Arrest

The first expenses associated with a DUI arrest begin with the car towing fees following being arrested. Drivers can expect, depending on the jurisdiction, to face towing and impound expenses ranging from a few hundred dollars all the way to over $1,000 dollars in some municipalities seeing a revenue raising opportunity. Additionally, DUI is a criminal charge that requires booking, holding, and incarceration until arraignment. Therefore, individuals may have to post bail before being released from police custody pending trial. The average cost of bail depends on the specific charge, as well as the location of the arrest. However, these costs generally run drivers between $500 dollars all the way up to $2,500 dollars or more.

Increased Insurance Costs

Outside of legal and logistical issues, people arrested for DUI now face greater scrutiny, and more financial punishment, from their insurance companies. Often, many insurance companies will simply drop drivers following a DUI arrest, regardless of conviction. It’s just not worth the risk to them. However, in the event a carrier does elect to keep you on their coverage list, the raised premiums, which will last at least three to five years, can end up costing drivers nearly $1,500 dollars annually. Then, there is the question of the impending legal issues, the actual criminal proceedings regarding a DUI case. DUI legal fees can run from $1,000 to $20,000 depending on the specifics of the case and if there is a trial. In many instances, hiring private investigators and expert witnesses to assess the case may actually end up costing more than the attorney’s fees themselves. The cost of an attorney is negligible in the grand scheme, and a knowledgeable attorney can be a vital ally throughout the entire process.

Post Trial Fines, Fees and other Expenses

Then, depending on the outcome of the case, convicted individuals will face court mandated fines for the arrest, which depending on the state of arrest, can amount to hundreds and potentially thousands of dollars. There are the litany of fees associated with reinstating a license and meeting probation terms, including costs of alcohol and substance abuse evaluation, as well as if deemed necessary, mandatory alcohol and drug treatment, which can cost the average person several thousand dollars. Then, there are the random fees imposed by the state and local government, which can add up to hundreds of dollars.

Other Costly Considerations

All of these quantifiable expenses don’t even take account of issues that people will undoubtedly face following a DUI arrest. For many individuals, the loss of driving privileges may cause them to outright lose their job, or be unable to commute to their employment. In other cases, a DUI arrest immediately causes the loss of a professional license. Then, there is the loss of time associated with coping with legal fallout as well. All in all, DUI is one of the costliest crimes around, and even worse, it is easily one of the most common crimes an individual is arrested for in the United States, as noted by the NHTSA, which states that one in one-hundred-forty licensed drivers will be arrested for DUI in a given year.

Source : True Cost of DUI Charges by William Sherman

Holiday DUI task force nets 780 arrests

A Labor Day task force targeting drunken drivers has netted 780 arrests so far.

The statewide task force began on Aug. 21 and ends Sept. 7.

Of those arrested, 266 people face extreme DUI charges, meaning they had a blood-alcohol content above .15, more than double the legal limit.

The 780 people arrested so far had an average BAC of .15.

Seventy-four people under the age of 21 were arrested for underage DUI.

The task force conducts saturation patrols, sobriety checkpoints and youth alcohol enforcement. They want Arizonans to follow the slogan: "Drive hammered, get nailed."

Source : azcentral.com

Consequences of Drunk Driving

There are millions of people who have been involved in motor vehicle accidents while heavily intoxicated and still haven't learned their lessons. The consequences of drunk driving can sometimes be fatal, yet a lot of people disregard the dangers pose by driving while under the influence of alcohol. In the US alone, more than 36 people lose their lives each day due to drunken driving incidents.

The consequences of drunk driving are infinite and not only are the lives of the drivers in danger but also the lives of the victims who are innocently dragged into the situation. Being in a drunken state mess up your ability to judge and react appropriately to traffic lights, other motorists and pedestrians. Many associations have cropped up over the years to rid the streets of drunk drivers. Most members of these different associations have experienced first-hand what it was like to be a victim of incidents caused by drunk drivers.

If an adult is arrested for DUI, he is taken to a county jail where his fingerprints and photos will be taken by jail officers. If the driver gets convicted, he could face a jail time of up to 6 months, given that it is his first offense. When a person goes to jail, he would be unable to go to work and will face a possible termination. Information like a DUI arrest is available publicly and future employers will be able to know about it when they do routine background check. This could impede future employment and you'll be forced to start from scratch all over again.

One of the many consequences of drunk driving is the revocation of the offender's license. In many countries, the blood alcohol content of a driver is tested through a breathalyzer. There is a minimum amount of alcohol allowed and if it is proven that you have exceeded this amount, you will be arrested and your license will be taken from you. Driving privileges will then be put on hold. Depending on the times that you have violated driving laws, you could regain your license back after serving hours of community service or it can be revoked permanently if the law demands.

The most damaging and irreparable effect of drunk driving is death, either that of the driver or the victim. Statistics reports that out of ten Americans, three will be caught up in alcohol-related accidents at some point in their lives. If drunk driving doesn't end up in death, physical disability or severe injury awaits the driver or the victim. The worst part is they could end up maimed or disabled for the rest of their lives.

To minimize drunk driving episodes, some states in the United States operates DUI checkpoints. These checkpoints send out a loud message to the driving public. Officers at the checkpoints work to teach and make the drivers aware of the consequences of drunk driving. Some of these checkpoints are transportable, only staying at a particular spot for a few hours before moving on to another possible hot spot.

To avoid alcohol-related road accidents, always practice safety. Don't drink when you know you will be driving. In the same way, do not drive when you have drunk more than the allowable limit. Always think about the value of your life and the life of those who might get in your way.

Source : Consequences of Drunk Driving

220 Arrested by DUI TaskForce in Phoenix

PHOENIX July 5, 2009 -- A statewide DUI task force has netted 220 suspected drunk drivers so far over the holiday weekend.The Governor's Office of Highway Traffic Safety said 325 officers and deputies participated in the statewide task force.At least 70 drivers were arrested for extreme DUI, 29 for aggravated driving under the influence and 191 for misdemeanor DUI.At least 19 underage drivers were arrested for DUI.

Since Thursday, various police agencies have made 2,713 traffic stops.Law enforcement officers will be conducting saturation patrols, sobriety checkpoints and youth alcohol enforcement statewide through the weekend.

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Phoenix Mercury's Taurasi gets DUI citation

July 2, 2009. Diana Taurasi, the leading scorer for the Phoenix Mercury basketball team, was cited with driving under the influence in Phoenix early Thursday morning, according to the Phoenix Police Department.

Taurasi, a guard for the team, was pulled over at 2:30 a.m. in the area of Seventh Avenue and Camelback Road, allegedly for speeding and lane violations, police said.

A police officer conducted several field sobriety tests after he first detected the odor of alcohol, the department said.

Officers then drew her blood in a Phoenix Police Mobile DUI van after she refused a breath test, Phoenix police said. She was cited and released.

A news article from azcentral.com.

DUI Rights

IF STOPPED FOR DUI KNOW YOUR RIGHTS!

You have the right to remain silent!

If you are being investigated or have been stopped by the police you have the right to remain silent. Arizona DUI law does not require you to answer any questions. If stopped, present the police officer with your driver's license, proof of insurance and registration. Do not answer any other questions and do not admit to anything. You may be pressured into speaking; however, you should resist answering questions that may be used against you later in court. This is an important first step in your DUI defense. Remaining silent is your constitutional right and was established to protect you from being forced to testify against yourself.

You have the right to an attorney

If you are stopped by police, immediately request a confidential call with an attorney. Arizona DUI law gives you the right to consult with an attorney before you choose to submit to any chemical test (breath or blood) as long as it does not delay the investigation. Attorneys at the Maasen Law Firm are available 24 hours for emergency consultations.

Refuse to take any Eye or Physical Tests

You may be asked to submit to a variety of field sobriety tests or an HGN eye test. These tests are not required by Arizona DUI law and are not always accurate, which is why we suggest you decline. The results of the test are left to the discretion of the police officer who is administering the test unlike a blood or breath test which is determined by objective analysis.

FOLLOW THESE STEPS

1. Invoke your 5th amendment right to remain silent and refuse to answer any questions.
2. Provide a copy of your license, registration and insurance information.
3. Refuse to do any eye or physical tests.
4. Immediately demand a confidential phone call with an attorney.
5. Submit to a blood/breath test after a confidential phone call with an attorney.
6. Request that the police preserve a blood/breath test for independent testing.
7. Demand to be immediately released for an independent test.

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DUI Frequently Asked Questions

What is DUI? DUI is defined as driving under the influence of alcohol or drugs. Drugs can include street drugs, illegal substances and illegal prescription drugs.

What do officers look for when pulling someone over for DUI? Officers will likely pull you over in suspicion of DUI if you are speeding, swerving, or are otherwise driving erratically, or if you have broken a traffic law. Sometimes officers will also set up sobriety checkpoints to catch drunk drivers.

What is the legal blood alcohol limit in Arizona? A person driving with a blood alcohol concentration (BAC) or blood alcohol level of .08% or above is deemed to be driving under the influence.

Do I have to take field sobriety tests? No. You can refuse to take such field sobriety tests as walking in a straight line, following an object or light with your eyes, touching your nose with your finger, alphabet tests, and more.

Do I have to consent to blood alcohol testing? After you are taken to the police station, the arresting officer will most likely request for you to take a breath, blood or urine test to determine your blood alcohol level. You do not have to take this test, but refusal to do so could result in the immediate suspension of your license for up to 1 year.

What is “implied consent”? Because you are driving, you are assumed to have given consent for a law enforcement agency to test your blood alcohol level if you are suspected of driving under the influence.

Does an officer have to inform me of implied consent? Most of the time, yes. An officer’s failure to inform you that your refusal of alcohol testing will result in suspension of your license could result in a stronger defense for your DUI case.

Arizona DUI Penalty Chart

FIRST OFFENSE DUI
BAC of .08 - .14
10 consecutive to 180 Days in Jail
Ignition Interlock Device Mandatory
1 year

Fines / Charges
$250 + s/c to $2,500 fine/assessment fees
$500 Prison Construction
$500 DPS
Jail Costs
Screening & Counseling
Driver’s license suspended for 90 days

FIRST OFFENSE EXTREME DUI

Extreme DUI
BAC .15 - .19
30 consecutive to 180 Days in Jail

Super Extreme DUI
BAC .20 & UP
45 consecutive to 180 Days in Jail
Ignition Interlock Device Mandatory 1 year; BAC over .20 IID 18 months
Vehicle Impounded for 30 days

Fines / Charges
$250 + s/c to $2,500 fine/assessment fees
$250 DUI Abatement
$1,000 Prison Construction
$1,000 DPS
Jail Costs
Screening & Counseling
Driver’s license suspended for 90 days to 1 year

SECOND OFFENSE DUI
BAC .08 - .14
90 of which 30 is consecutive to 180 Days in Jail
Ignition Interlock Device Mandatory 1 year

Fines / Charges
$250/500 + s/c to $2,500 fine/assessment fees
$1,250 Prison Construction
$1,250 DPS
$250 DUI Abatement
Jail Costs
Screening & Counseling
Driver’s License revoked for 1 year

SECOND OFFENSE EXTREME DUI
Alcohol .15 - .19
120 of which 60 is consecutive to 180 Days in Jail

Super Extreme DUI
BAC .20 & UP
180 of which 60 is consecutive to 180 Days in Jail
Ignition Interlock Device Mandatory 1 year; BAC over .20 IID 2 years
Vehicle Impounded for 30 days

Fines / Charges
$500 + s/c to $2,500 fine/assessment fees $1,250 Prison Construction $1,250 DPS
$250 DUI Abatement
Jail Costs
Screening & Counseling
Driver’s License revoked for 1 year

THIRD OFFENSE
1 year to 3.75 years in Prison
Minimum 4 Months in Prison
3rd DUI within 7 years
Probation up to 10 years
Mandatory Ignition Interlock Device
Possible vehicle forfeiture

Fines / Charges
$250 to $150,000 fine plus surcharges
Jail Assessment
Driver’s License revoked for 3 years

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Field Sobriety Tests

When a driver is pulled over on suspicion of DUI, there is a good chance the police officer is going to ask the driver to take one or more field sobriety test. Field sobriety tests are conducted on the side of the road to help an officer determine if a driver is too intoxicated to be operating a vehicle. These tests challenge a driver’s physical coordination, mental alertness, reaction time, and ability to follow instructions.
Although there are many different field sobriety tests for an officer to choose from, most officers in Phoenix ask drivers to perform at least one of the following six tests:

Walk and Turn: The subject takes nine heel-to-toe steps along a line, turns, and takes nine heel-to-toe steps back. The officer is looking to see if the accused can keep their balance, follow instructions, begin early, stop during the test, leave space between heel and toe, step off the line, or lose balance while turning.
 
Standing on One Leg: The accused is instructed to stand with heels together, arms at the side, then raise one leg six inches off the ground while counting out loud until the officer allows the accused to stop. The officer is looking for raising of the arms, swaying, hopping, putting the foot down, inability to stand still, body tremors, muscle tension, and any statements made by the accused during the test.
 
Finger to Nose: The accused is instructed to stand with heels together, eyes closed, and standing straight. The officer will then instruct the accused to bring the index finger to the tip of the nose. The officer is looking for body sway, body tremors, eyelid tremors, muscle tension, or any statements made by the accused to support a finding of intoxication.

The Rhomberg Balance Test: The accused assumes a position of attention, closes their eyes, tilts back their head and counts to 30. At this time the officer is looking for the inability to stand still or steady, body or eyelid tremors, opening of the eyes to maintain balance, swaying, muscle tension, or statements made by the accused. The officer is also testing the accused’s sense of time, which will usually be slower in the case of alcohol or depressants, or fast in the case of stimulants.

Horizontal Gaze Nystagmus Test: This test is performed when the officer attempts to estimate the angle at which the eye begins to jerk ("nystagmus" is medical jargon for a distinctive eye oscillation). The officer will position an object (such as a pen) 12 inches away from the driver’s face. If nystagmus occurs sooner than 45 degrees, it theoretically indicates a blood-alcohol concentration over .05%. The smoothness of the eyes tracking the penlight (or finger or pencil) is also a factor, as is the type of jerking when the eye is as far to the side as it can go.

Preliminary Alcohol Screening: The officer uses a portable breath device to determine the presence of alcohol in the system.

Why Do I Need a Phoenix DUI Lawyer?

These tests are supposedly designed to check "divided attention," a critical skill in operating a motor vehicle. However, there are many people who, for many innocent reasons, cannot perform these tests to the officer's satisfaction, and pay the price with a DUI arrest.  In addition, these tests are scientifically unreliable and highly inaccurate. The outcome of the test is very subjective, as it is based entirely on the discretion and personal opinion of the officer who is administering the test.

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Blood & Breath Tests

In the state of Arizona, it is illegal to drive if your blood alcohol concentration (BAC) is .08% or more. Blood alcohol concentration refers to the amount of alcohol in the bloodstream. When too much alcohol enters the bloodstream, an individual’s level of alertness, reaction time, inhabitations, and physical coordination become significantly impaired. So much so that he/she has a much greater chance of causing a serious or deadly accident.

Breath & Blood Testing in Phoenix

Breath Tests: In order to determine a driver’s BAC by breath, an officer will use a Preliminary Alcohol Screening (PAS) device. These machines work by burning up alcohol, which generates an electrical current that is measured and quantified with a numeric result. However, at best these machines are dubious at providing accurate BAC readings. These devices do not have "slope" detectors, which are designed to guard against mouth alcohol that causes an artificially high reading by detecting a negative slope (or sharp drop-off) in the alcohol level. In addition, they are not specific for alcohol, and are subject to error due to certain types of chemical buildup.

Blood Tests: Blood is drawn from the driver at the police station or in a lab, where it is then analyzed. Blood tests are far more accurate than a breath test, so if you know for certain that your BAC is less than .08% you should opt for a blood test. That being said, because blood tests are more accurate, it is more difficult to contest the accuracy of the results.

Do I have to submit to a breath or blood test?

Although you are not technically required to submit to a breath or blood test, It is strongly advised that you do. If you refuse to take a breath or blood test, but are found guilty in criminal court, at the MVD hearing, or both, you will face much harsher penalties than if you agreed to take the test.

However, it should be noted that you can request an independent breath or blood test. Hiring an independent laboratory to test your BAC will provide you with your own evidence to use in court, instead of relying solely on the results of the breath or blood test administered by the officer. This is not only a smart move, but is also highly advantageous to your defense.

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Arizona DUI Police Tests

Most DUI arrests occur at night and on week-ends. The following is a list of symptoms in descending order of probability that the person observed is driving while intoxicated while driving at night. The list is based upon research conducted by the National Highway Traffic Administration (NHTSA):

1. Turning with a wide radius
2. Straddling center of lane marker
3. "Appearing to be drunk"
4. Almost striking object or vehicle
5. Weaving
6. Driving on other than designated highway
7. Swerving
8. Speed more than 10 mph below limit
9. Stopping without cause in traffic lane
10. Following too closely
11. Drifting
12. Tires on center or lane marker
13. Braking erratically
14. Driving into opposing or crossing traffic
15. Signaling inconsistent with driving actions
16. Slow response to traffic signals
17. Stopping inappropriately (other than in lane)
18. Turning abruptly or illegally
19. Accelerating or decelerating rapidly
20. Headlights off

Interestingly, Speeding has not been identified by NHTSA as an indicator of impairment. However, it is a common prosecution tactic to argue that speeding is "risk taking" behavior suggestive of diminished judgment occasioned by alcohol consumption. In reality, most police officers will admit that totally sober persons drive 10 miles over the posted speed limit late at night when the traffic is light.

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Driving Under the Influence (DUI) Information

Definition

Driving under the influence of alcohol (driving while intoxicated, drunk driving, drinking and driving, drink-driving) or other drugs, is the act of operating a vehicle (including bicycle, boat, airplane or horse) after consuming alcohol or using drugs. It is a criminal offense in most countries.

Overview

In jurisdictions of most countries, anyone who is convicted of injuring or killing someone while under the influence of alcohol or drugs can be heavily fined, as in France, in addition to being given a lengthy prison sentence.

The specific criminal offense may be called, depending on the jurisdiction, driving while intoxicated (DWI), operating while intoxicated (OWI), operating a motor vehicle while intoxicated (OMVI), driving under the influence [of alcohol or other drugs] (DUI), driving under the combined influence of alcohol and/or other drugs, driving under the influence per se or drunk in charge [of a vehicle]. Such laws usually (but not always) also apply to boating, piloting aircraft, or driving a bicycle.
First German driving school in 1906, Aschaffenburg.

Historically, guilt was established by observed driving symptoms, such as weaving; administering field sobriety tests, such as a walking a straight line heel-to-toe or standing on one leg for 30 seconds; and the arresting officer's subjective opinion of impairment. Starting with the introduction in Norway in 1936 of the world’s first per se law which made it an offense to drive with more than a specified amount of alcohol in the body, objective chemical tests have gradually supplemented the earlier purely judgmental ones. Limits for chemical tests are specific for blood alcohol concentration or concentration of alcohol in breath.

With the advent of a scientific test for blood alcohol content (BAC), enforcement regimes moved to pinning culpability for the offense to strict liability based on driving while having more than a prescribed amount of blood alcohol, although this does not preclude the simultaneous existence of the older subjective tests. BAC is most conveniently measured as a simple percent of alcohol in the blood by weight. It does not depend on any units of measurement. In Europe it is usually expressed as milligrams of alcohol per 100 millilitres of blood. However, 100 milliliters of blood weighs essentially the same as 100 milliliters of water, which weighs precisely 100 grams. Thus, for all practical purposes, this is the same as the simple dimensionless BAC measured as a percent. Since 2002 it has been illegal in all 50 US states to drive with a BAC that is 0.08% or higher.

The validity of the testing equipment/methods and mathematical relationships for the measurement of breath and blood alcohol have been criticized. (Taylor 2007)

Driving while consuming alcohol may be illegal within a jurisdiction. In some it is illegal for an open container of an alcoholic beverage to be in the passenger compartment of a motor vehicle or in some specific area of that compartment.

The German model serves to reduce the number of accidents by identifying unfit drivers and removing them from traffic until their fitness to drive has been established again. The Medical Psychological Assessment (MPA) works for a prognosis of the fitness for drive in future, has an interdisciplinary basic approach and offers the chance of individual rehabilitation to the offender.

George Smith, a London taxi driver, was the first person to be convicted of drunk driving, on 9 September 1897. He was fined 20 shillings. source