Arizona Legislature Considers Limiting Penalties for DUI

April 06, 2011 (Press-News.org) Most of the time when legislators propose changes to the existing DUI laws, they are planning to increase the penalties. Making the punishments for DUI harsher is an easy way to appear tough on crime, and few people are willing to speak up for the interests of those who have been accused of drunk driving.

However, some Arizona state legislators are taking a different approach. Sen. Linda Gray, who has worked for more than a decade to increase the penalties for DUI, has proposed a bill that would reduce the penalties for first-time DUI offenders. A separate bill proposed by Rep. David Burnell Smith would go even further.

Currently under Arizona law, the first time an individual is convicted of a DUI offense, he or she is required to install an ignition interlock device for one year. Under Sen. Gray's bill, this time period would be reduced to six months. Rep. Smith's bill would eliminate the ignition interlock requirement completely for first-time offenders.

This shift comes, in part, with the recognition that requiring the installation and maintenance of an ignition interlock device for a full year imposes a significant burden, and one that is arguably unfair and unnecessary for first-time DUI offenders. Those who are required to install these devices must pay an initial fee for installation as well as a monthly maintenance fee.

Arizona's current laws are unreasonably harsh in comparison to other states. Although the vast majority of states require repeat DUI offenders to install ignition interlock devices, the Arizona Republic reports that only 12 states require these devices for first-time offenders.

Sen. Gray's bill, SB 1200, is advancing more rapidly than that of Rep. Smith, HB 2371. Whereas SB 1200 has passed the Senate and will head to the House for consideration, HB 2371 has not yet had a hearing in the House.

Ultimately only time will tell what the future brings for those convicted of DUI in Arizona. These proposals are a step in the right direction. The current penalties are unreasonably punitive, placing a serious burden on many who simply made a mistake or had a momentary lapse in judgment.

However, at the moment, these harsh penalties remain. For those accused of DUI, it is important to work with a knowledgeable criminal defense attorney. A DUI defense lawyer can help protect your rights and minimize the long-term consequences of DUI allegations.

Article provided by Craig Gillespie, PC
Visit us at www.phoenixduilawyers.com