Merry Christmas and happy holidays to everyone! As you enjoy the arrival of friends and family for the holiday season, keep in mind that this is also the time police departments across the valley make extra efforts to combat drinking and driving. Needless to say, it is never a good idea to get behind the wheel after consuming alcohol and if you decide to so this holiday season, you are taking a bigger risk of being pulled over and arrested for DUI. If you decide to drive and get pulled over, it is important to know you rights in Arizona, especially since Arizona does not take DUI lightly.
In Arizona, it is illegal for a person to be in control of a vehicle when their blood alcohol content (BAC) is over .08 or the person is under the influence of another substance and is impaired to the slightest degree. A person convicted of this crime is guilty of a class one misdemeanor, must serve a minimum of 24 hours in jail, must pay a minimum base fee of $250.00, surrender their license for a minimum of 90 days, and have an interlock device installed in their vehicle. A driver with a BAC between .15 and .20 will be charged for an extreme DUI. If convicted of extreme DUI, the person has mandated to serve a minimum of thirty days. If a driver is convicted of a DUI with a .20 or over, the person is required to serve a minimum of 45 days and pay a minimum fine of $500.
If you drink and drive and are pulled over by the police, there are some things that you should keep in mind when interacting with the police officer. You should be cooperative, polite and provide identification but you should not answer questions about what may have led to you being pulled over. Do not lie to the police officer but do not admit any wrong doing. It is okay to remain silent. Respectfully deny to take part in the field sobriety and eye tests. In most situations, you should submit to the breathalyzer test, especially if you do not have any prior DUI convictions within the last seven years. You should submit the breathalyzer in this situation because by refusing to submit to it, you face an automatic one year license suspension. Depending on the person, a one year license suspension is more burdensome than a first DUI conviction. These are some general tips when pulled over for a possible DUI but you should always ask to speak to an attorney before making any decisions.
Everyone at Klauer Law firm hopes you have a safe and enjoyable holiday season. Keep in mind, that the best way to avoid any these consequences is to simply not drink and drive. Designate a sober person to drive, take public transit, or call an Uber driver; all will cost a whole lot less than a DUI conviction.