September 17, 2010 (Press-News.org) According to the Maricopa County Attorney, there were nearly 40,000 arrests for driving under the influence in Arizona in 2008. Authorities are serious about keeping impaired drivers off the road and Arizona's DUI laws are some of the toughest in the country.
Like many other states, Arizona has enacted an implied consent to alcohol or drug test law. And while this law takes away drivers' right to refuse a test without penalty, a recent decision by the court of appeals indicates that it does not eliminate their power to refuse.
DUI in AZ
DUI is an offense that is characterized in Arizona as driving under the influence of drugs or alcohol. Blood-alcohol content (BAC) may determine whether a person is driving under the influence but even drivers who are below the legal BAC limit may be impaired. Depending on the circumstances, authorities may also charge impaired drivers with several other crimes.
It is illegal to drive while under the influence of any drug if the driver's normal ability to drive is in any way impaired or if the driver has a BAC of .08 or higher within two hours of driving (provided that the BAC resulted from alcohol consumed prior to or while driving). It is also illegal for the driver to have any controlled substance or its metabolite present in his or her body while driving.
A driver may be charged with extreme DUI if he or she has a BAC of .15 or more within two hours of driving (provided that the BAC resulted from alcohol consumed prior to or while driving).
It is considered aggravated driving under the influence, or aggravated DUI, for a driver:
- With a suspended, canceled, revoked or refused license to commit a DUI or extreme DUI offense
- Within a seven-year period to commit a third or subsequent DUI or extreme DUI
- To commit a DUI or extreme DUI while a child under 15 years old is in the car
- Under court order to have an ignition interlock device installed in his or her vehicle either to refuse to submit to a BAC test as selected and requested by an officer, or to commit a DUI or extreme DUI offense
Although often called driving under the influence, the offense actually includes being in actual physical control of the vehicle as well. Different standards apply for juvenile and commercial drivers.
Implied Consent
Under Arizona law, drivers who are arrested on suspicion of DUI consent to blood, breath, urine or other bodily substance tests or tests for the purpose of determining driver BAC or drug content. As restated in Carillo v. Hauser, however, this law functions only to take away a driver's right to refuse BAC testing with impunity. It does not take away the power of any driver to refuse his or her express consent to a BAC test. If a driver does refuse to submit to testing, authorities must generally procure a search warrant before they may administer any tests.
Penalties
A driver who refuses to give express consent to submit to a BAC test must be informed that his or her license will be suspended for 12 months or for two years if this is a second refusal within seven years. The driver's refusal does not prohibit the test from occurring but rather requires law enforcement to obtain a search warrant prior to the test. Some locations will be able to obtain a warrant quickly.
If authorities administer a test and the driver is subsequently convicted of DUI, extreme DUI or aggravated DUI, the penalties may include:
- From 10 days to four months in jail
- Fines, fees and assessments up to and in excess of $4,000
- License suspension for 90 days or revocation up to 3 years
- Probation
- Recommendation for counseling
- Mandatory installation of an ignition interlock device
- Vehicle forfeiture
DUI proceedings have a relatively quick timeline and people may face confusion over the administrative and criminal hearings. Drivers with questions about implied and express consent, administrative proceedings regarding their license or criminal prosecution for DUI should contact a knowledgeable attorney for guidance and advocacy.
Article provided by The Gillespie Law Firm, PC
Visit us at www.phoenixduilawyers.com
Arizona BAC Consent: Easy as ABC?
While it is your right to refuse blood-alcohol concentration testing when arrested for DUI, Arizona law imposes strict punishments for those who choose to refuse.
2010-09-17
ELSE PRESS RELEASES FROM THIS DATE:
NTSB Issues Safety Recommendation Based on 2001 Airline Crash Near JFK
2010-09-17
The National Transportation Safety Board (NTSB) recently issued a safety recommendation to the European Aviation Safety Agency (EASA) regarding the November 2001 crash of an American Airlines Airbus near JFK. The crash of Flight 587, which was flying to the Dominican Republic, took the lives of all 260 passengers and crew, as well as five people in Belle Harbor, a neighborhood in Queens. While all such airline crashes are tragic, this one was particularly devastating, coming just two months after the horror of 9/11 and just a few miles from Ground Zero.
Flight 587 encountered ...
Privatizing Alcohol Sales Will Not Increase Drunk Driving Accidents
2010-09-17
Currently, Governor Bob McDonnell is promoting a proposal to privatize the sale of alcohol in Virginia. Under this proposal, the state would sell the 332 state-run liquor stores and release as many as 1000 licenses authorizing the sale of alcohol.
The proposal would privatize all aspects of alcohol sales, from wholesale to distribution to retail. As a result, Virginians would be able to purchase alcohol at private liquor stores, convenience stores and grocery stores. The Governor has presented this proposal as a means of improving Virginia roads without raising taxes; ...
New Law Provides Greater Protections for Incapacitated Individuals
2010-09-17
If you become unable to express your wishes regarding your health care and treatment, who gets to make these decisions for you? In New York, the answer to this question has recently changed for many people.
Health Care Proxy vs. No Healthy Care Proxy
For those who have a health care proxy, the answer is straightforward and has not changed. A health care proxy allows a person to designate a surrogate decision maker who will be responsible for treatment decisions if he or she is incapacitated. However, according to a New York Senate press release, only 20 percent of ...
Fannie Mae, Freddie Mac and the U.S. Homeowner
2010-09-17
Life, liberty and the pursuit of happiness: whether Jefferson's original intent or not, many have come to equate the pursuit of happiness with the pursuit of property ownership. The national foreclosure crisis has offered a rude awakening from those dreams for many Americans.
Recently, according to Fox, Trenton Mayor Tony Mack's home was foreclosed and Beneficial Mortgage won a judgment against Mack for $320,000. The Associated Press says the national foreclosure rate in July 2010 was one in 62 homes. While the Obama administration is attempting to restructure government-sponsored ...
Debenhams Reveals Men's Age of Invisibility Increased by at Least a Decade
2010-09-17
Debenhams has revealed that the age at which men become 'invisible' to women has advanced by at least a decade, according to new research* carried out by the retailer. Men can now win a woman's attention based on looks alone up until they are 55 years old.
Just 30 years ago, few women would have found any man over 45 years old worth a second glance, rendering them effectively invisible at any gathering.
Ruth Attridge, Debenhams' spokeswoman, said: "Older men are now remaining more attractive to women for longer than ever before.
"They are increasingly seen as ...
House of Fraser Unveils Daisy Lowe as the Face of Biba
2010-09-17
House of Fraser has revealed that the new Biba collection with be available both in stores and online, with Daisy Lowe being the face of the brand.
The British model is famed for gracing the catwalks of Vivienne Westwood and PPQ, and also featured in campaigns for Marc by Marc Jacobs, DKNY and Louis Vuitton. September 2010 sees the much-anticipated re-launch of the globally iconic Biba clothing brand. The collection of women's apparel, accessories and jewellery takes inspiration from the original Biba themes of 1930's Hollywood glamour, synonymous with signature prints, ...
Kuoni Launches Brand New Facebook Page
2010-09-17
Kuoni has announced the launch if its own Facebook page. The new page offers an interactive opportunity for Kuoni to communicate with its customers and encourages people to engage and interact with the Kuoni brand in a new way.
One of the highlights of the new Kuoni Facebook page is Kuoni Recommends, where Kuoni's insider destination knowledge offers users expert reviews, tips and inspiration for their next holiday. Reviews can be found on destinations, experiences, hotels, local attractions, local restaurants and spas; everything travellers need to make a holiday extra ...
ExecPlan Express Financial Planning Software's Newest Release Helps Consumers and Financial Advisors Plan for 2011, Even if Congress Fails to Extend the Bush Tax Cuts
2010-09-17
There are many tax planning strategies that can be implemented each year to help minimize your tax exposure.
Some are simple, such as doing a Roth IRA conversion, while others are more complex, like structuring the terms of a business sale. However, in both cases, understanding what the tax consequences will be is essential to making the right decision. In fact, most personal financial decisions whether they are small or large, could have a significant impact on your ability to meet your long term retirement goals.
Congressional failure to address whether to extend ...
Key to Relapse Prevention Treatment for Addiction? Think Outside the Box
2010-09-17
One of the biggest issues in addiction treatment is the high rate of relapse for patients. One of the most successful treatment facilities for relapse treatment and prevention is Challenges, a facility in Fort Lauderdale Florida.
Challenges is the first treatment center to have been awarded the prestigious national certification as a "Center of Excellence" in relapse treatment and prevention.
Unique Relapse Treatment and Prevention Approach
One reason the Challenges program is so successful is because of the focus on individual, unique treatment plans. Challenges ...
Foreign Exchange At Your Fingertips With New, Free Mobile App
2010-09-17
Thomas Cook has launched its first foreign exchange mobile app for iPhone and android phone users, as well as a new website. The app and website compare rates and help users decide when and where to buy your foreign exchange. So, in addition to providing travellers with great cheap holidays, Thomas Cook is helping them make it quicker and easier to get a good exchange rate.
The app is free to download for the first 25,000 users from the iPhone App Store or Android Market (search for "What's The Rate"). Designed to save time and hassle, the app and website make it quick ...
LAST 30 PRESS RELEASES:
Reality check: making indoor smartphone-based augmented reality work
Overthinking what you said? It’s your ‘lizard brain’ talking to newer, advanced parts of your brain
Black men — including transit workers — are targets for aggression on public transportation, study shows
Troubling spike in severe pregnancy-related complications for all ages in Illinois
Alcohol use identified by UTHealth Houston researchers as most common predictor of escalated cannabis vaping among youths in Texas
Need a landing pad for helicopter parenting? Frame tasks as learning
New MUSC Hollings Cancer Center research shows how Golgi stress affects T-cells' tumor-fighting ability
#16to365: New resources for year-round activism to end gender-based violence and strengthen bodily autonomy for all
Earliest fish-trapping facility in Central America discovered in Maya lowlands
São Paulo to host School on Disordered Systems
New insights into sleep uncover key mechanisms related to cognitive function
USC announces strategic collaboration with Autobahn Labs to accelerate drug discovery
Detroit health professionals urge the community to act and address the dangers of antimicrobial resistance
3D-printing advance mitigates three defects simultaneously for failure-free metal parts
Ancient hot water on Mars points to habitable past: Curtin study
In Patagonia, more snow could protect glaciers from melt — but only if we curb greenhouse gas emissions soon
Simplicity is key to understanding and achieving goals
Caste differentiation in ants
Nutrition that aligns with guidelines during pregnancy may be associated with better infant growth outcomes, NIH study finds
New technology points to unexpected uses for snoRNA
Racial and ethnic variation in survival in early-onset colorectal cancer
Disparities by race and urbanicity in online health care facility reviews
Exploring factors affecting workers' acquisition of exercise habits using machine learning approaches
Nano-patterned copper oxide sensor for ultra-low hydrogen detection
Maintaining bridge safer; Digital sensing-based monitoring system
A novel approach for the composition design of high-entropy fluorite oxides with low thermal conductivity
A groundbreaking new approach to treating chronic abdominal pain
ECOG-ACRIN appoints seven researchers to scientific committee leadership positions
New model of neuronal circuit provides insight on eye movement
Cooking up a breakthrough: Penn engineers refine lipid nanoparticles for better mRNA therapies
[Press-News.org] Arizona BAC Consent: Easy as ABC?While it is your right to refuse blood-alcohol concentration testing when arrested for DUI, Arizona law imposes strict punishments for those who choose to refuse.