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    Archives for April 2014

    DUI on the road to fame

    DUI on the road to fameTeen singing idols, professional athletes, handsome leading men, famous comedians…these are not categories on a game show.  These are examples of celebrities – no names, please – who have recently been arrested for DUI, here in the U.S. and elsewhere.  Am I mentioning this for the sake of shock value or gossip? Not at all.  My point here is that anyone, even celebrities we idolize, can be stopped, charged, and convicted of driving while impaired by alcohol or drugs.

    I could quote a lot of clichés, such as “we’re only human,” or “check yourself before you wreck yourself.” Or, I could encourage my readers that are parents to use these celebrity cases as teachable moments for your children.  The fact is, these stories are teachable moments for anyone who drives, and anyone who has ever even considered driving while impaired.

    Cynical people may remark here that “the laws don’t apply to everybody.”  Speaking as a seasoned DUI attorney, my response would be, do you want to test that statement yourself?  Whether they happen to be famous or not, the law does not look kindly on people convicted of DUI.  Neither does the news media.

    It’s also true that DUI laws differ from state to state and country to country, as do penalties.  So again, and just for the purposes of discussion (not as legal advice), do you really want to put these laws to the test?

    When it comes to DUI, learning from other people’s mistakes is far safer and less traumatic than learning by experience.  That being said, let me share another suggestion.  If you, or someone you know may be facing a DUI-related situation, don’t wait for the news to break, or trend. Call an experienced attorney at Zachary Law Group.  We’re here to help, and we offer a FREE 30-minute case evaluation to address your questions and concerns.  Whatever your legal situation, we can assert your rights, identify the best possible solution and “Zach-It”! Give us a call soon, at 1-855-Zach-law.

    Teens under the influence of other teens

    Teens under the influence of other teensDrivers of all ages are on the receiving end of warnings and information about the dangers of drunk driving.  And teenage drivers are considered particularly at risk for DUI, despite these efforts.  They may drive at 16, but in Arizona, the legal drinking age is 21.  So not only are teens charged with driving safely, they are also expected to behave responsibly when it comes to alcohol.

    Now, back to the real world, where people of all ages drink and exhibit other risky behaviors.  Teens are  no exception.  And now, a recent study suggests that teenagers who ride in cars with impaired drivers may be more likely to drive drunk themselves. The more times they ride around with impaired drivers, the greater the likelihood they will drive while impaired.

    This study brings a new definition to the term “under the influence.” Teenagers generally are still learning what it means to make responsible choices about their own behavior, and peer pressure – along with the behavior of their friends – can have significant impact.  This study raises a serious concern:  that even being a passenger, drinking or not, can lead to drunk driving.

    Arizona penalties for underage DUI convictions are harsh.  Even a first offense may include 24 hours in jail, over $1000 in fines, and license suspension.  For a second conviction within seven years of the first one:  30-90 days in jail, fines up to $2500, and another license suspension. Drivers under 21 with DUI convictions may permanently lose their auto insurance.  And the presence of underage passengers in the vehicle at the time of the DUI stop can lead to even more severe penalties.

    If you have questions about how Arizona DUI laws may affect you or someone you know, you may want to speak with an experienced attorney at Zachary Law Group.  In our FREE 30-minute case evaluation, we can discuss your concerns about DUI issues.  Should you need legal representation, we will identify and assert your rights.  Looking for the best possible outcome?  Let us “Zach-It”!  It’s natural to worry about your children, and the more information you have, the more help you can give. Call us soon at 1-855-Zach-law.

     

    Extreme DUI offenses go beyond ordinary

    Extreme DUIThe word “extreme” is often associated with sports such as BASE jumping, surfing, and motocross, to name a few.  An extreme sport may be defined as more exciting, intense, over-the-top, demanding, and possibly more dangerous than the original sport.  Another familiar phrase, “to the extreme,” can be defined as “to the nth degree” or to an extent further than what is usual.

    In Arizona law, there exists a category of DUI offenses and penalties called “Extreme DUI.”  What makes one DUI more “extreme” than another?  In Arizona, if your blood alcohol level registers above .150, you’ll be charged with Extreme DUI, which carries a 30-day jail term, plus license suspension, monetary fine, and often requires installation of an ignition interlock device.  And that’s just for a first offense.  For second and third offenses, the penalties increase to 120 days in jail and higher fines.

    But let’s not stop there, because Arizona has another category of DUI that tops the Extreme – the Super Extreme DUI.  To be charged in this category, your blood alcohol level must measure .200 or over, and if it does, you could be looking at a minimum jail sentence of 45 days, even if it is your first offense.  From the inside of a cell, the term “super” may not seem such a great thing.

    Arizona law does not tolerate even the slightest degree of alcohol-fueled impairment to drivers.  However, most people don’t stop to determine their own blood alcohol level before getting behind the wheel.  However many drinks a driver has, law enforcement will determine the level of DUI offense, should that situation arise.  And if you or someone you know is facing penalties that could change their future, any level of offense may seem “extreme.”  So talk to an experienced DUI attorney at Zachary Law Group.  We offer a FREE 30-minute case evaluation.  Let us take a look at the problem and “Zach-It”!  Your decision to call could be an extremely wise one.  Do it soon!  Reach us at 1-855-Zach-law.

    More DUI technology for human consumption

    Home Lab Test Though I focus on DUI defense, I applaud every preventive effort that goes toward keeping impaired drivers off the road.  For example, I’m fascinated with the portable testing devices for breath alcohol levels.  They’re compact, one has a smartphone app, and one goes on a keychain, presumably next to the car keys.  These products have a terrific premise.  If you consume alcohol and wonder whether you should drive or not, the device tells you almost instantly, theoretically before you start your car.

    Some people may depend on the device and abide by what it tells them. Other people may see or hear the device tell them that their breath registers over the legal limit for alcohol, and still get on the road. (In Arizona, that’s 0.08.) That’s their choice, but those drivers may soon face the other kind of breath alcohol test:  the kind administered by law enforcement.  The kind that comes with a DUI stop.

    For the sake of discussion, it can be argued that the cost of one of these devices, around $100, is well worth the investment because, as I actually heard someone say once, “it’s cheaper than a DUI.” But here’s another consideration:  would you risk your life, the lives of others, and your future as well, on the accuracy of a consumer product?  Now, I do not mean to suggest or imply anything relating to the quality or reliability of these products.  I am merely creating a hypothetical scenario.  The choice, as always, lies with the person holding the car keys.  And remember, Arizona Statute 28-1381 is specific as to “how much” alcohol or drugs constitutes legally actionable impairment:  even to the slightest degree.

    Ingenuity, technology, and meeting consumer needs are all admirable.  However, there is also, and probably always will be, the need for experienced legal help for people in DUI-related situations.  So if that need arises, please call on us at Zachary Law Group.  Take advantage of our FREE 30-minute case evaluation to get answers to your questions.  From there, we can work towards finding the best legal solution possible.  That’s how we “Zach-It”!  It’s your decision – make it count! Give us a call soon, at 1-855-Zach-law.

     

    Don’t add DUI charges to your holiday celebration

    Holiday celebrationThough it is still April, many of us are already looking forward to May.  And some of us are especially excited about the 5th of May and the holiday celebration of Cinco de Mayo!  Here in the southwestern U.S. especially, this day is a joyful event.  Celebrants cheer Mexican pride and Mexican cultural heritage as well as the 19th century Battle of Puebla, when the Mexican army defeated the French.  Yes, even attorneys study history!

    Arizona will be one of many states holding special Cinco de Mayo events including parades, music and dancing.  And of course, family festivities add even more enjoyment, whatever generation you belong to.

    For law enforcement, holiday preparations will include setting up special sobriety checkpoints.  This is standard procedure for special celebration days throughout the calendar year, when additional checkpoints are established throughout the area to intercept drivers impaired by alcohol or drugs.  These checkpoints are roadblocks where law enforcement personnel stop vehicles to identify potentially impaired drivers.It is important to remember that while you may always (respectfully) refuse to take a sobriety test under normal circumstances, sobriety checkpoints may be an exception.  If the locations and times of upcoming checkpoints are announced, posted, or disseminated online by law enforcement, taking the sobriety test is required here in Arizona.

    However you choose to observe Cinco de Mayo, please keep safety in mind before you decide to get behind the wheel.  Don’t add DUI charges to your holiday celebration.

    If you need advice about how DUI laws may relate to you, please talk to an experienced attorney at Zachary Law Group. Take advantage of our FREE 30-minute case evaluation, for answers to your questions and any concerns about your legal rights.  When you put us on your legal team, we’ll address your situation and “Zach-It”!  You can contact us at 1-855-Zach-law.

     

    Four DUI fatalities can earn a lethal penalty

    Four DUI fatalities can earn a lethal penalty

    News outlets recently announced that a fourth person died as the result of injuries caused by a drunk driver evading a sobriety checkpoint at the Texas SXSW music festival in March.  The young man being held for these four fatalities is now being charged with 20 counts of aggravated assault with a deadly weapon, that weapon being his car.  Each count refers to one of the 20 people who received injuries from the suspect’s actions behind the wheel.  He is also facing two charges of capital murder. Should he be found guilty, he will face the death penalty in Texas.

    Here in Arizona, as in Texas, capital punishment is legal.  So it is possible for someone convicted of capital murder here that results from DUI, to face that penalty.  The mandated method of execution is lethal injection or lethal gas.  We’ve all heard the expression “don’t drink yourself to death.”  And sadly, when drinking and driving lead to other people losing their lives, that warning may become a sad reality.

    This tragic event was sudden and surprising; even now, those who were injured continue their recoveries.  Families who lost love ones will continue to carry those losses throughout their own lives.  And on another disturbing level, this DUI story actually has a “prequel” — because the man now facing these serious charges had several previous criminal convictions on his record.  These included charges of DUI as well as leaving the scene of an accident.  Now, this 21-year-old man, if convicted, may reach the end of his life story by means of legal execution.

    What happened at SXSW was by no means an everyday event, or an ordinary kind of accident.  But a DUI situation was involved, and the impaired driver made a very bad, in fact fatal, error in judgment.  Should you find yourself facing any DUI-related situation, or if you have questions about how Arizona laws may affect you, consider talking with an experienced attorney at Zachary Law Group.  You may want to take advantage of our FREE 30-minute case evaluation, to learn more about your legal rights and how we can help you pursue the best possible outcome.  When you are ready, just give us a call at 1-855-Zach-law.

     

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