Charged With DUI? It's an Illegal Stop If the Officer Didn't Have Probable Cause

In order for an officer to stop your vehicle and initiate and investigation, they must first have probable cause to do so. An officer cannot make the initial traffic stop leading to the DUI without having a valid reason to do so. An officer cannot stop your vehicle just because he or she is having a bad day, doesn't like the color of your car, or is bored and wants something to do.

Probable cause is a flexible standard and its existence will be determined by a judicial officer. The officer will need to show the judge that he had a reasonable belief that a crime was taking place and that you were the person committing the crime. In practical terms, in order for an officer to stop you for DUI he or she must have observed you committing a traffic violation.

One common reason for which an officer may stop a vehicle that is not valid is profiling. Sometimes, an officer will run license plates to check whether or not the vehicle owner has a history of violations. While this may seem acceptable to the layperson, it does not rise to the level required to establish probable cause. A history of violations in and of itself is not enough for the officer to stop you without anything further.

Also, it is possible for officers to make a mistake about which vehicle committed the violation which was the basis for initiating the stop. For example, if there are similar looking vehicles and the road is busy, an officer may become confused about which vehicle was actually speeding. If there was no offense underlying the stop, then the resulting DUI charges may be set aside.

Proving that the arresting officer made an illegal stop leading to your charges can be very difficult. Judges generally rely on the officer's discretion. This is why it is important to hire an attorney to help you fight to protect your rights. An attorney can help you present a successful argument that the stop was illegal if that is the case. If you have been charged with a DUI in Arizona, where the laws are especially tough, its important to hire a seasoned professional who can protect your rights. DUI attorneys in Phoenix will know what you are facing. DUI attorneys in Arizona are able to navigate the laws and represent you during this difficult process.

Charged With DUI? It's an Illegal Stop If the Officer Didn't Have Probable Cause

In order for an officer to stop your vehicle and initiate and investigation, they must first have probable cause to do so. An officer cannot make the initial traffic stop leading to the DUI without having a valid reason to do so. An officer cannot stop your vehicle just because he or she is having a bad day, doesn't like the color of your car, or is bored and wants something to do.

Probable cause is a flexible standard and its existence will be determined by a judicial officer. The officer will need to show the judge that he had a reasonable belief that a crime was taking place and that you were the person committing the crime. In practical terms, in order for an officer to stop you for DUI he or she must have observed you committing a traffic violation.

One common reason for which an officer may stop a vehicle that is not valid is profiling. Sometimes, an officer will run license plates to check whether or not the vehicle owner has a history of violations. While this may seem acceptable to the layperson, it does not rise to the level required to establish probable cause. A history of violations in and of itself is not enough for the officer to stop you without anything further.

Also, it is possible for officers to make a mistake about which vehicle committed the violation which was the basis for initiating the stop. For example, if there are similar looking vehicles and the road is busy, an officer may become confused about which vehicle was actually speeding. If there was no offense underlying the stop, then the resulting DUI charges may be set aside.

Proving that the arresting officer made an illegal stop leading to your charges can be very difficult. Judges generally rely on the officer's discretion. This is why it is important to hire an attorney to help you fight to protect your rights. An attorney can help you present a successful argument that the stop was illegal if that is the case. If you have been charged with a DUI in Arizona, where the laws are especially tough, its important to hire a seasoned professional who can protect your rights. DUI attorneys in Phoenix will know what you are facing. DUI attorneys in Arizona are able to navigate the laws and represent you during this difficult process.

Third Time Around : Felony DUI Penalties in Arizona

You feel like you have been here before. You've made few mistakes in the past, and the two previous DUI convictions were challenging to deal with. Once you have been convicted of a first DUI offense, the penalties become increasingly steep. While the law is more lenient toward first time offenders, as your charges accumulate the judges are less and less likely to be forgiving.

In Arizona, while most drunk driving charges are misdemeanors, after your third DUI within seven years, the charge is considered a felony, regardless of the level of your blood alcohol content. The penalties are harsh, including:

• Being charged with a class four felony
• A minimum prison sentence of four months, which could br greater, depending on your individual factors
• Fines can be levied in excess of several thousand dollars, depending on your violations
• Revocation of your drivers' license for three years
• If you receive probation, you will likely have to attend and pay for counseling and treatment sessions
• After your release, you could be placed on probation for up to five additional years
• If you are the owner of the car you were driving when you were arrested for drunk driving, the court may seize your vehicle from you

It is important to note that if you have any sort of additional criminal history, other than your previous DUI convictions, some of these penalties may be assessed more harshly, including the imposition of a longer jail term if the court finds appropriate.

If you have been charged with a felony DUI in Arizona, it is imperative to hire an experienced DUI attorney to represent you. A DUI lawyer in Phoenix can explain to you what to expect from the local court system in light of the serious nature of the charges, plan a strategy to fight for your rights, and assist you in obtaining the best possible outcome. Some ways in which an experienced DUI lawyer in Arizona can help include:

• Getting inadmissible evidence thrown out
• Looking for any violation of your constitutional rights
• Inquiring into the arresting officer's background and experience
• Questioning whether probable cause for the initial stop existed
• Asking about the officer's reasonable suspicion that led him to pull you over
• Finding errors in the blood alcohol testing methods and procedures

By making sure you have someone to help you tell your side of the story, you increase your chances of success and make a positive resolution to your DUI charges. Remember, Arizona has some of the strictest DUI laws on record, so make sure you take the charges seriously and protect your rights.

Arizona DUI Charges Become a Felony If Kids Are in the Car

You may not realize that aggravated DUI charges aren't necessarily dependent on your blood alcohol content. While a BAC reading over 0.15 will convert your DUI from a misdemeanor to a class three felony if you live in Arizona, other factors can increase the severity of the charges as well.

For example, according to Arizona law, if you are charged with your third DUI within a seven year time period, you are automatically charged with a felony. Another factor that can lead to the increased penalty is the presence of minors in the vehicle at the time of the arrest. If you had passengers in your car who were children under age fifteen when you were stopped for your DUI, Arizona law dictates that you may be charged with felony DUI. The higher penalty for the involvement of minors applies whether or not you have any previous drunk driving convictions or previous criminal history. This is especially worrisome because even though your record has been entirely clear up until this point, you could be hit with the DUI law's most extreme penalties.

Arizona has some of the strictest DUI laws in the nation; charged with felony, or aggravated, DUI means a person will usually face mandatory jail time, higher fines and court costs or fees, loss of their driver's' license for up to three years, mandatory counseling, therapy, and treatment, and continuing monitoring and probation after release from jail.

In addition to the automatic bump from misdemeanor to felony, the prosecutor may decide to make an example of you. If you had minors under fifteen in your car when you were arrested the state of Arizona may decide to also charge you with child abuse or child endangerment. Suddenly, your already serious criminal charges rise to a completely different level of severity. While such charges are generally assessed at the prosecutor's discretion, they are always a possibility.

Felony charges are some of the most serious charges you can be confronted with. A felony record can cause life-long complications, affecting your career prospects, educational opportunities, ability to parent, and numerous other aspects of life that you may take for granted.

In light of the serious implications of felony charges, and the severity of Arizona DUI laws, if you live in the Phoenix area it is imperative that you hire a Phoenix DUI attorney to assist you in your defense. An Arizona DUI attorney will have the experience and knowledge required to obtain the best possible outcome for you. An attorney may be able to obtain a reduced sentence which avoids any jail time, get the charges reduced, or establish that probable cause was lacking when you were initially pulled over.

In order to have the best possible chance of clearing your name, contact an attorney to advise you today.

Underage Drinking and DUI Laws in Arizona

Most people are aware of the general aspects of the driving under the influence (DUI) and driving while intoxicated (DWI) laws. What many people between the ages of 18-20 do not know is that these laws effectively do not apply to them! If you are between the ages of 18 and 20, you should read on to discover what the law says about your right to drive after you've had spirituous liquor.

First off, know that if you are caught with any liquor in your system and you are under the age of 21, you will immediately lose your license for two years. It is irrelevant if the alcohol is in your system due to a religious ceremony or a barbecue. However, in addition to being charged under this statute (ARS 4-244), you will also be charged with whichever section of the DUI/DWI laws apply to your situation.

Since ARS 28-1381(1) provides that you do not need to be over a.08 blood alcohol content (BAC) in order to receive a DUI, this has serious implications. Many adults in this age bracket would not be particularly worried about driving after a minute amount of alcohol had been consumed, regardless of the circumstances (this writer wouldn't presume to judge an adult of any age who consumes alcohol). Since one drink can leave the odor of alcohol on a person's breath, the driver could easily get hit with both statutes when they are in actuality far from impaired.

For this reason it is critical that drivers under the age of 21 do not consume any alcohol before driving. Underage drinking laws notwithstanding, it is in no way an acceptable risk to drive after drinking even one drink in this situation. It is likely that after a person is automatically charged under ARS 4-244, they will be almost guaranteed to be charged with ARS 28-1381(1), and the former charge being used as leverage for the latter in court.

If it is too late, don't despair. An experienced DUI lawyer will be able to look at your case and determine if there is a possibility for a defense or lessening of the charges. In most jurisdictions these days the majority of cases are handled by plea bargain, in response to the massive overcrowding of the legal system. Many DUI attorneys in Phoenix offer free consultations to clients, so you risk nothing by making a phone call.

Cias Hart is a veteran and resident of Arizona. If you live in the greater metro area and have been charged with underage drinking and driving, contact a reputable Arizona DUI attorney immediately. Most offer free consultations and will be more than willing to assist you in your legal troubles. If you have not had any problems, consider speaking with an Arizona DUI defense lawyer so you have a contact should you find yourself in legal trouble. Good luck and stay safe!

Third Time Around : Felony DUI Penalties in Arizona

You feel like you have been here before. You've made few mistakes in the past, and the two previous DUI convictions were challenging to deal with. Once you have been convicted of a first DUI offense, the penalties become increasingly steep. While the law is more lenient toward first time offenders, as your charges accumulate the judges are less and less likely to be forgiving.

In Arizona, while most drunk driving charges are misdemeanors, after your third DUI within seven years, the charge is considered a felony, regardless of the level of your blood alcohol content. The penalties are harsh, including:

• Being charged with a class four felony
• A minimum prison sentence of four months, which could br greater, depending on your individual factors
• Fines can be levied in excess of several thousand dollars, depending on your violations
• Revocation of your drivers' license for three years
• If you receive probation, you will likely have to attend and pay for counseling and treatment sessions
• After your release, you could be placed on probation for up to five additional years
• If you are the owner of the car you were driving when you were arrested for drunk driving, the court may seize your vehicle from you

It is important to note that if you have any sort of additional criminal history, other than your previous DUI convictions, some of these penalties may be assessed more harshly, including the imposition of a longer jail term if the court finds appropriate.

If you have been charged with a felony DUI in Arizona, it is imperative to hire an experienced DUI attorney to represent you. A DUI lawyer in Phoenix can explain to you what to expect from the local court system in light of the serious nature of the charges, plan a strategy to fight for your rights, and assist you in obtaining the best possible outcome. Some ways in which an experienced DUI lawyer in Arizona can help include:

• Getting inadmissible evidence thrown out
• Looking for any violation of your constitutional rights
• Inquiring into the arresting officer's background and experience
• Questioning whether probable cause for the initial stop existed
• Asking about the officer's reasonable suspicion that led him to pull you over
• Finding errors in the blood alcohol testing methods and procedures

By making sure you have someone to help you tell your side of the story, you increase your chances of success and make a positive resolution to your DUI charges. Remember, Arizona has some of the strictest DUI laws on record, so make sure you take the charges seriously and protect your rights.

Arizona DUI Charges Become a Felony If Kids Are in the Car

You may not realize that aggravated DUI charges aren't necessarily dependent on your blood alcohol content. While a BAC reading over 0.15 will convert your DUI from a misdemeanor to a class three felony if you live in Arizona, other factors can increase the severity of the charges as well.

For example, according to Arizona law, if you are charged with your third DUI within a seven year time period, you are automatically charged with a felony. Another factor that can lead to the increased penalty is the presence of minors in the vehicle at the time of the arrest. If you had passengers in your car who were children under age fifteen when you were stopped for your DUI, Arizona law dictates that you may be charged with felony DUI. The higher penalty for the involvement of minors applies whether or not you have any previous drunk driving convictions or previous criminal history. This is especially worrisome because even though your record has been entirely clear up until this point, you could be hit with the DUI law's most extreme penalties.

Arizona has some of the strictest DUI laws in the nation; charged with felony, or aggravated, DUI means a person will usually face mandatory jail time, higher fines and court costs or fees, loss of their driver's' license for up to three years, mandatory counseling, therapy, and treatment, and continuing monitoring and probation after release from jail.

In addition to the automatic bump from misdemeanor to felony, the prosecutor may decide to make an example of you. If you had minors under fifteen in your car when you were arrested the state of Arizona may decide to also charge you with child abuse or child endangerment. Suddenly, your already serious criminal charges rise to a completely different level of severity. While such charges are generally assessed at the prosecutor's discretion, they are always a possibility.

Felony charges are some of the most serious charges you can be confronted with. A felony record can cause life-long complications, affecting your career prospects, educational opportunities, ability to parent, and numerous other aspects of life that you may take for granted.

In light of the serious implications of felony charges, and the severity of Arizona DUI laws, if you live in the Phoenix area it is imperative that you hire a Phoenix DUI attorney to assist you in your defense. An Arizona DUI attorney will have the experience and knowledge required to obtain the best possible outcome for you. An attorney may be able to obtain a reduced sentence which avoids any jail time, get the charges reduced, or establish that probable cause was lacking when you were initially pulled over.

In order to have the best possible chance of clearing your name, contact an attorney to advise you today.

Underage Drinking and DUI Laws in Arizona

Most people are aware of the general aspects of the driving under the influence (DUI) and driving while intoxicated (DWI) laws. What many people between the ages of 18-20 do not know is that these laws effectively do not apply to them! If you are between the ages of 18 and 20, you should read on to discover what the law says about your right to drive after you've had spirituous liquor.

First off, know that if you are caught with any liquor in your system and you are under the age of 21, you will immediately lose your license for two years. It is irrelevant if the alcohol is in your system due to a religious ceremony or a barbecue. However, in addition to being charged under this statute (ARS 4-244), you will also be charged with whichever section of the DUI/DWI laws apply to your situation.

Since ARS 28-1381(1) provides that you do not need to be over a.08 blood alcohol content (BAC) in order to receive a DUI, this has serious implications. Many adults in this age bracket would not be particularly worried about driving after a minute amount of alcohol had been consumed, regardless of the circumstances (this writer wouldn't presume to judge an adult of any age who consumes alcohol). Since one drink can leave the odor of alcohol on a person's breath, the driver could easily get hit with both statutes when they are in actuality far from impaired.

For this reason it is critical that drivers under the age of 21 do not consume any alcohol before driving. Underage drinking laws notwithstanding, it is in no way an acceptable risk to drive after drinking even one drink in this situation. It is likely that after a person is automatically charged under ARS 4-244, they will be almost guaranteed to be charged with ARS 28-1381(1), and the former charge being used as leverage for the latter in court.

If it is too late, don't despair. An experienced DUI lawyer will be able to look at your case and determine if there is a possibility for a defense or lessening of the charges. In most jurisdictions these days the majority of cases are handled by plea bargain, in response to the massive overcrowding of the legal system. Many DUI attorneys in Phoenix offer free consultations to clients, so you risk nothing by making a phone call.

Cias Hart is a veteran and resident of Arizona. If you live in the greater metro area and have been charged with underage drinking and driving, contact a reputable Arizona DUI attorney immediately. Most offer free consultations and will be more than willing to assist you in your legal troubles. If you have not had any problems, consider speaking with an Arizona DUI defense lawyer so you have a contact should you find yourself in legal trouble. Good luck and stay safe!

Charged With DUI? It Could Be Your Prescription Medication

Most people don't realize that it is quite possible to be charged with DUI for being under the influence of prescription drugs. While many medications advise not to drive after taking them, it can be difficult to avoid driving while medicated if these types of prescriptions are taken on a regular basis. Even a trace amount of the medication remaining in your system may be enough for you to be charged with DUI, which stands for Driving Under the Influence.

Even though you may have had nothing to drink and can pass a breathalyzer test with no problem, ultimately, DUI charges are rendered at the officer's discretion. Thus, if you pass the breathalyzer but fail the field sobriety test, the officer may still place you in custody and draw blood if he believes your driving has been affected by something other than alcohol.

It is also possible for your medications to interact, causing a reaction you may not have expected. It is important to read the label on all your medications carefully. The last thing you want is to realize that you're feeling disoriented and that you may be having an adverse reaction to mixed medications just as the officer's lights fill your rearview mirror.

Regardless of how your DUI charges occurred, the penalties you will face are the same. Being charged with DUI can mean you will face imprisonment, fines and court costs, be forced to attend counseling and treatment for substance abuse, lose your driver's license, have an ignition interlock device placed on your vehicle, and be placed on probation after your release from jail. All of these consequences can have serious impacts on your life. The high costs of a DUI, the time it takes away from work and family, and the damage to your reputation make such charges very serious.

In order to successfully defend yourself once charged with DUI, you need to obtain experienced legal counsel. An attorney experienced in DUI law will be able to explain the potential outcomes to you and consult with you about your particular situation to arrive at the most effective strategy for your defense. An attorney may be able to get the charges dismissed for lack of probable cause, obtain a plea bargain for a reduced sentence which will keep you our of jail, or work with the prosecutor to explain any extenuating circumstances involved. DUI lawyers in Phoenix can help you understand the harsh penalties in Arizona. It is imperative you hire a DUI lawyer in Arizona to defend your rights.

Charged With DUI? It Could Be Your Prescription Medication

Most people don't realize that it is quite possible to be charged with DUI for being under the influence of prescription drugs. While many medications advise not to drive after taking them, it can be difficult to avoid driving while medicated if these types of prescriptions are taken on a regular basis. Even a trace amount of the medication remaining in your system may be enough for you to be charged with DUI, which stands for Driving Under the Influence.

Even though you may have had nothing to drink and can pass a breathalyzer test with no problem, ultimately, DUI charges are rendered at the officer's discretion. Thus, if you pass the breathalyzer but fail the field sobriety test, the officer may still place you in custody and draw blood if he believes your driving has been affected by something other than alcohol.

It is also possible for your medications to interact, causing a reaction you may not have expected. It is important to read the label on all your medications carefully. The last thing you want is to realize that you're feeling disoriented and that you may be having an adverse reaction to mixed medications just as the officer's lights fill your rearview mirror.

Regardless of how your DUI charges occurred, the penalties you will face are the same. Being charged with DUI can mean you will face imprisonment, fines and court costs, be forced to attend counseling and treatment for substance abuse, lose your driver's license, have an ignition interlock device placed on your vehicle, and be placed on probation after your release from jail. All of these consequences can have serious impacts on your life. The high costs of a DUI, the time it takes away from work and family, and the damage to your reputation make such charges very serious.

In order to successfully defend yourself once charged with DUI, you need to obtain experienced legal counsel. An attorney experienced in DUI law will be able to explain the potential outcomes to you and consult with you about your particular situation to arrive at the most effective strategy for your defense. An attorney may be able to get the charges dismissed for lack of probable cause, obtain a plea bargain for a reduced sentence which will keep you our of jail, or work with the prosecutor to explain any extenuating circumstances involved. DUI lawyers in Phoenix can help you understand the harsh penalties in Arizona. It is imperative you hire a DUI lawyer in Arizona to defend your rights.

Know Your Rights If You Are Arrested For DUI

If you are in Phoenix, Arizona and you get arrested for driving under the influence as well as driving while intoxicated, one of the first things that you should do is to get in touch with a lawyer whose expertise is all about drunk driving cases in Arizona, most specifically Phoenix. Your lawyer will be able to help you understand the different charges you are facing and discuss to you the various laws governing such DUI cases in Arizona. Note that different states have different laws on DUI and other drunk driving cases as each state have different jurisdictions and laws. It is a must that you share all the information to your attorney. The facts and information that you will provide will help your lawyer support you and form the basis by which he or she can fight for you in your DUI case. You should also ask questions that you might have about drunk driving and your charges that you find confusing.

You may opt not to hire an attorney and just do the research by yourself as, currently, finding information about things is no longer as difficult as it used to be. The internet as well as your local library can help you find the various information about your case that you would need. Doing so, however, may not be to your best interest since, as much as there are a myriad of information available, nothing beats the experience that a lawyer has when it comes to handling DUI cases.

Your own research and reading will not match the knowledge and experience that DUI lawyers have. Their daily dealings with other people facing DUI charges make them experts in this field. Aside from their experience, they can also provide you with the needed help in preparing various documents in connection with your case. This way, you can be sure to meet deadlines and not have to worry about getting a DUI charge because of a minor technicality.

Even when you get arrested for possible DUI violation, you still have rights that should be respected by the arresting officer as well as the opposing party should there be any. These rights will protect you from being tricked or from being harassed.

One of the important rights that you should bear in mind is that as a person, no one can force you to be a witness against yourself. This is true even for a suspect who committed a crime. Do not let the police officer intimidate you into saying something that might be used against you during trial and consequently aggravate your case. It is useful to remember the Miranda rights by heart, although it is also the responsibility of the police officer to inform you of this.

As the Miranda rights clearly states that you have the right to remain silent and that you have the right to an attorney, avoid saying anything until you have your Arizona DUI lawyer or your Phoenix DUI lawyer. Your attorney knows your Arizona DUI rights and can help you in protecting the said rights.

Did You 'Drive Hammered' And 'Get Nailed' This Labor Day?

Arizona's DUI task force arrested nearly 1,800 people for driving under the influence during a National Impaired Driving Crackdown campaign, which began Aug. 20 and ended on Labor Day. Does that number seem high to you? It should! Last year during the same time, there were just over 1,300 arrests. Given all of the campaigning and publicity year in and year out, why are we arresting an increasing number of impaired drivers?

The answer could be that Arizona increased the number of officers assigned to the task or it could simply be that the old offenders are the new offenders. In other words, Arizona safety experts believe that the habitual offenders are keeping those statistics high.

Arizona has some of the toughest laws in the country when it comes to penalizing DUI offenders. For example, anyone convicted of any DUI is faced with some jail time and must have an ignition interlock device installed on any car they drive. The higher a person's blood alcohol level content (BAC), the higher the penalties are. The penalties also increase if you have a prior conviction for DUI. A first offender with a BAC below 0.150 is faced with a minimum of 24 consecutive hours in jail and approximately $1,860 in financial penalties. On the other hand, a person with a second offense "Super Extreme DUI," BAC above 0.200, is faced with a minimum sentence of 180 days in jail and nearly $18,295 in financial penalties.

On the positive side, Arizona's DUI fatality rate has been cut in half since 1995. About 300 people are killed each year by a drunk driver in Arizona, and in 2008 (the most recent year for which we have statistics) the exact number was 324.

While awareness campaigns to end drunk driving and encourage people to find a "designated driver" are working, we still have a ways to go. The reduction in fatalities might be credited to the increase in female and older drivers, two groups who are less likely to drive drunk. But, let's not rely on the changing demographics of Arizona drivers to lower the number of fatalities. Rather than waiting another 15 years to cut that 324 in half, will we see the day when we have no fatalities as a result of drunk driving? It's certainly something we can work toward.

DWI Laws and Prescription Medication

At this point many of us are almost experts on driving under the influence/driving while intoxicated (DUI/DWI) laws. We know the limit in our area, what the basic penalties are, and most of us take proactive steps to avoid ending up behind bars. What about prescription medication? Many people do not know that a large amount of prescribed medication (and even some over the counter) can lead to a DUI/DWI charge if a police officer believes they are impaired. Here I will describe how this occurs, how to avoid it, and what to do if you are charged with a DUI/DWI because of prescription drugs.

How could this happen? Easier than you think! To give a personal example, the author was once involved in a relatively car accident which caused some minor shoulder injuries. In the process of recuperation, he was prescribed common pain medication, and warned it may cause drowsiness. Did it ever! A lot of prescription drugs for pain or anxiety can make the person taking them feel like they have drunk a six pack! However, because the stigma in our society is against drinking and driving, many people feel that they are fine when on a prescription drug. After all, no one believes that they may be impaired, and no one thinks that they will get pulled over.

Surprising when it happens, that person could easily be pulled over by law enforcement. Once detained, law enforcement officers are trained to detect the side effects of drugs; after all, the side effects of legal drugs are not that far off from illegal ones. At this point, the fact your doctor signed off on it will have no bearing on the rest of the encounter. That person would most likely be arrested for driving under the influence, and processed like any drunk.

This would be quite a shock to the system! The penalties for DUI/DWI not withstanding, no one wants to believe that they were endangering the public safety by driving under the influence. At this point the above described person would be booked into processing just like any other criminal, and would end up with a record. I have written other articles on the penalties for DUI/DWI, but to summarize, they lose time, money, and a little bit of freedom.

But what should you do if you have already been charged with a DUI or DWI because of prescription drugs? The answer is simple and urgent: contact a DUI lawyer. DUI attorneys specialize in defending those accused of DUI's, and may be able to mount a defense based on your exact situation. Most attorneys offer free consultations, so you have nothing to lose... and your freedom to gain.

Cias Hart is a veteran and resident of Arizona. If you live in the greater metro area and have been charged with a DUI or DWI because of prescription drugs, contact a reputable Arizona DUI attorney immediately. Even if you have never had a negative police encounter, it is advisable to contact an attorney to establish a relationship. Many practicing lawyers are also Phoenix DUI lawyers and will offer a free consultation where they will outline what they can do for you should you find yourself in a situation not of your choosing.

Know Your Rights If You Are Arrested For DUI

If you are in Phoenix, Arizona and you get arrested for driving under the influence as well as driving while intoxicated, one of the first things that you should do is to get in touch with a lawyer whose expertise is all about drunk driving cases in Arizona, most specifically Phoenix. Your lawyer will be able to help you understand the different charges you are facing and discuss to you the various laws governing such DUI cases in Arizona. Note that different states have different laws on DUI and other drunk driving cases as each state have different jurisdictions and laws. It is a must that you share all the information to your attorney. The facts and information that you will provide will help your lawyer support you and form the basis by which he or she can fight for you in your DUI case. You should also ask questions that you might have about drunk driving and your charges that you find confusing.

You may opt not to hire an attorney and just do the research by yourself as, currently, finding information about things is no longer as difficult as it used to be. The internet as well as your local library can help you find the various information about your case that you would need. Doing so, however, may not be to your best interest since, as much as there are a myriad of information available, nothing beats the experience that a lawyer has when it comes to handling DUI cases.

Your own research and reading will not match the knowledge and experience that DUI lawyers have. Their daily dealings with other people facing DUI charges make them experts in this field. Aside from their experience, they can also provide you with the needed help in preparing various documents in connection with your case. This way, you can be sure to meet deadlines and not have to worry about getting a DUI charge because of a minor technicality.

Even when you get arrested for possible DUI violation, you still have rights that should be respected by the arresting officer as well as the opposing party should there be any. These rights will protect you from being tricked or from being harassed.

One of the important rights that you should bear in mind is that as a person, no one can force you to be a witness against yourself. This is true even for a suspect who committed a crime. Do not let the police officer intimidate you into saying something that might be used against you during trial and consequently aggravate your case. It is useful to remember the Miranda rights by heart, although it is also the responsibility of the police officer to inform you of this.

As the Miranda rights clearly states that you have the right to remain silent and that you have the right to an attorney, avoid saying anything until you have your Arizona DUI lawyer or your Phoenix DUI lawyer. Your attorney knows your Arizona DUI rights and can help you in protecting the said rights.

Did You 'Drive Hammered' And 'Get Nailed' This Labor Day?

Arizona's DUI task force arrested nearly 1,800 people for driving under the influence during a National Impaired Driving Crackdown campaign, which began Aug. 20 and ended on Labor Day. Does that number seem high to you? It should! Last year during the same time, there were just over 1,300 arrests. Given all of the campaigning and publicity year in and year out, why are we arresting an increasing number of impaired drivers?

The answer could be that Arizona increased the number of officers assigned to the task or it could simply be that the old offenders are the new offenders. In other words, Arizona safety experts believe that the habitual offenders are keeping those statistics high.

Arizona has some of the toughest laws in the country when it comes to penalizing DUI offenders. For example, anyone convicted of any DUI is faced with some jail time and must have an ignition interlock device installed on any car they drive. The higher a person's blood alcohol level content (BAC), the higher the penalties are. The penalties also increase if you have a prior conviction for DUI. A first offender with a BAC below 0.150 is faced with a minimum of 24 consecutive hours in jail and approximately $1,860 in financial penalties. On the other hand, a person with a second offense "Super Extreme DUI," BAC above 0.200, is faced with a minimum sentence of 180 days in jail and nearly $18,295 in financial penalties.

On the positive side, Arizona's DUI fatality rate has been cut in half since 1995. About 300 people are killed each year by a drunk driver in Arizona, and in 2008 (the most recent year for which we have statistics) the exact number was 324.

While awareness campaigns to end drunk driving and encourage people to find a "designated driver" are working, we still have a ways to go. The reduction in fatalities might be credited to the increase in female and older drivers, two groups who are less likely to drive drunk. But, let's not rely on the changing demographics of Arizona drivers to lower the number of fatalities. Rather than waiting another 15 years to cut that 324 in half, will we see the day when we have no fatalities as a result of drunk driving? It's certainly something we can work toward.

DWI Laws and Prescription Medication

At this point many of us are almost experts on driving under the influence/driving while intoxicated (DUI/DWI) laws. We know the limit in our area, what the basic penalties are, and most of us take proactive steps to avoid ending up behind bars. What about prescription medication? Many people do not know that a large amount of prescribed medication (and even some over the counter) can lead to a DUI/DWI charge if a police officer believes they are impaired. Here I will describe how this occurs, how to avoid it, and what to do if you are charged with a DUI/DWI because of prescription drugs.

How could this happen? Easier than you think! To give a personal example, the author was once involved in a relatively car accident which caused some minor shoulder injuries. In the process of recuperation, he was prescribed common pain medication, and warned it may cause drowsiness. Did it ever! A lot of prescription drugs for pain or anxiety can make the person taking them feel like they have drunk a six pack! However, because the stigma in our society is against drinking and driving, many people feel that they are fine when on a prescription drug. After all, no one believes that they may be impaired, and no one thinks that they will get pulled over.

Surprising when it happens, that person could easily be pulled over by law enforcement. Once detained, law enforcement officers are trained to detect the side effects of drugs; after all, the side effects of legal drugs are not that far off from illegal ones. At this point, the fact your doctor signed off on it will have no bearing on the rest of the encounter. That person would most likely be arrested for driving under the influence, and processed like any drunk.

This would be quite a shock to the system! The penalties for DUI/DWI not withstanding, no one wants to believe that they were endangering the public safety by driving under the influence. At this point the above described person would be booked into processing just like any other criminal, and would end up with a record. I have written other articles on the penalties for DUI/DWI, but to summarize, they lose time, money, and a little bit of freedom.

But what should you do if you have already been charged with a DUI or DWI because of prescription drugs? The answer is simple and urgent: contact a DUI lawyer. DUI attorneys specialize in defending those accused of DUI's, and may be able to mount a defense based on your exact situation. Most attorneys offer free consultations, so you have nothing to lose... and your freedom to gain.

Cias Hart is a veteran and resident of Arizona. If you live in the greater metro area and have been charged with a DUI or DWI because of prescription drugs, contact a reputable Arizona DUI attorney immediately. Even if you have never had a negative police encounter, it is advisable to contact an attorney to establish a relationship. Many practicing lawyers are also Phoenix DUI lawyers and will offer a free consultation where they will outline what they can do for you should you find yourself in a situation not of your choosing.

How to Find a Decent Criminal Attorney

If you have been arrested or accused of some sort of crime, regardless of whether or not you committed the act, you are going to need a criminal attorney in order to fight your case. Having a decent attorney will give you a much better chance of either winning the case of reducing the impact that it will have upon your life and the punishment that you may need to face. As such, it is crucial that you take as many steps as you can in order to find a decent criminal attorney Phoenix if you have been accused of a crime within the area.

So how should you do this? Well, depending upon your friends and family you may want to start here for referrals. Word of mouth is one of the best ways of finding a top quality attorney to fight your case, and you will be able to trust the opinion of anyone close to you if they have needed to use the services of someone already.

Having someone referred to you is an excellent way of making sure that they are of high quality and that their track record is good. If you are using a completely new attorney for your case, you may not be completely sure as to how well they will conduct themselves throughout your fight, and this is not exactly what you want.

If you do not know anyone who has used the services of a criminal attorney, it is a good idea for you to get in touch with the Arizona BAR Association in order to find out the names of some attorneys that you could use. They will be able to offer you a list of quality attorneys and you will be able to find those who are specialized in the specific type of law to which you have been accused or involved.

Of course, you can also use the Internet in order to find a suitable attorney as well. All you need to do is go onto your favourite search engine and type in criminal attorneys within Phoenix. This should give you many different options to look through and you can then phone up different law offices in the area in order to schedule free consultations and appointments.

Whenever you do meet any attorney it is crucial that you feel comfortable with them and the services that they offer you immediately. You may be working very closely together and therefore it is crucial that you are able to forge a relationship that will help you win your case.

How to Find a Decent Criminal Attorney

If you have been arrested or accused of some sort of crime, regardless of whether or not you committed the act, you are going to need a criminal attorney in order to fight your case. Having a decent attorney will give you a much better chance of either winning the case of reducing the impact that it will have upon your life and the punishment that you may need to face. As such, it is crucial that you take as many steps as you can in order to find a decent criminal attorney Phoenix if you have been accused of a crime within the area.

So how should you do this? Well, depending upon your friends and family you may want to start here for referrals. Word of mouth is one of the best ways of finding a top quality attorney to fight your case, and you will be able to trust the opinion of anyone close to you if they have needed to use the services of someone already.

Having someone referred to you is an excellent way of making sure that they are of high quality and that their track record is good. If you are using a completely new attorney for your case, you may not be completely sure as to how well they will conduct themselves throughout your fight, and this is not exactly what you want.

If you do not know anyone who has used the services of a criminal attorney, it is a good idea for you to get in touch with the Arizona BAR Association in order to find out the names of some attorneys that you could use. They will be able to offer you a list of quality attorneys and you will be able to find those who are specialized in the specific type of law to which you have been accused or involved.

Of course, you can also use the Internet in order to find a suitable attorney as well. All you need to do is go onto your favourite search engine and type in criminal attorneys within Phoenix. This should give you many different options to look through and you can then phone up different law offices in the area in order to schedule free consultations and appointments.

Whenever you do meet any attorney it is crucial that you feel comfortable with them and the services that they offer you immediately. You may be working very closely together and therefore it is crucial that you are able to forge a relationship that will help you win your case.

Obtaining a Reduced Sentence - DUI Attorneys Can Help You Avoid Jail Time

Being charged with DUI is can be a stressful and scary event in one's life. You probably thought you were able to drive, after all you only had a few drinks and you felt fine. However, the minute you saw those flashing red and blue lights in your rear-view mirror, you probably felt a sinking sensation. Dealing with the embarrassment of being arrested, trying to figure out what potential consequences you face, and how to handle these charges so they have the least possible detrimental impact on your life is quite daunting.

One common fear among those charged with drunk driving is the possibility of jail time. For many of us, spending time in jail is not an option. The responsibilities of supporting your family, caring for your children, and taking care of the numerous other day-to-day tasks which keep our lives flowing smoothly simply don't allow for the interruption of a jail sentence. Facing the possibility of going to jail is especially nerve-wracking because a jail sentence may mean losing your job or a portion of your income, which affects your ability to pay your bills and meet your obligations.

However, it is important not to lose hope. Many times, hiring an experienced attorney can help you navigate the legal system so that you arrive at the best possible outcome in light of your circumstances. One way in which a lawyer is especially helpful is obtaining a reduced sentence. If you are a first-time offender or there were extenuating circumstances involved, an attorney can often work with the prosecutor to arrive at a plea bargain that either avoids any jail time altogether or reduces time spent incarcerated to the bare minimum. Being offered a reduced sentence allows you to satisfy the state's desire for legal consequences, while still allowing you to maintain your commitments to work and family, as well as other obligations.

In light of the harsh DUI penalties and laws in place in Arizona, hiring a DUI attorney in Phoenix is imperative. A DUI attorney in Arizona will have knowledge and experience with the court system that the average person will not. Hiring an attorney means that you will have access to the advice and counsel about how to successfully resolve your DUI. Your lawyer will be your advocate, fighting for your rights and working toward a legal solution that minimizes the impact these serious charges can have on your life, family, and future.

Obtaining a Reduced Sentence - DUI Attorneys Can Help You Avoid Jail Time

Being charged with DUI is can be a stressful and scary event in one's life. You probably thought you were able to drive, after all you only had a few drinks and you felt fine. However, the minute you saw those flashing red and blue lights in your rear-view mirror, you probably felt a sinking sensation. Dealing with the embarrassment of being arrested, trying to figure out what potential consequences you face, and how to handle these charges so they have the least possible detrimental impact on your life is quite daunting.

One common fear among those charged with drunk driving is the possibility of jail time. For many of us, spending time in jail is not an option. The responsibilities of supporting your family, caring for your children, and taking care of the numerous other day-to-day tasks which keep our lives flowing smoothly simply don't allow for the interruption of a jail sentence. Facing the possibility of going to jail is especially nerve-wracking because a jail sentence may mean losing your job or a portion of your income, which affects your ability to pay your bills and meet your obligations.

However, it is important not to lose hope. Many times, hiring an experienced attorney can help you navigate the legal system so that you arrive at the best possible outcome in light of your circumstances. One way in which a lawyer is especially helpful is obtaining a reduced sentence. If you are a first-time offender or there were extenuating circumstances involved, an attorney can often work with the prosecutor to arrive at a plea bargain that either avoids any jail time altogether or reduces time spent incarcerated to the bare minimum. Being offered a reduced sentence allows you to satisfy the state's desire for legal consequences, while still allowing you to maintain your commitments to work and family, as well as other obligations.

In light of the harsh DUI penalties and laws in place in Arizona, hiring a DUI attorney in Phoenix is imperative. A DUI attorney in Arizona will have knowledge and experience with the court system that the average person will not. Hiring an attorney means that you will have access to the advice and counsel about how to successfully resolve your DUI. Your lawyer will be your advocate, fighting for your rights and working toward a legal solution that minimizes the impact these serious charges can have on your life, family, and future.