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    DUI

    DUIs and keeping children safe

    DUIs and keeping children safeOne of our recent blog topics centered on risky behavior involving teenagers and underage DUIs. And in early May, the Pediatrics journal of the American Academy of Pediatrics published an article regarding a study focusing on DUI as a major cause of child fatalities.

    According to that article,  one out of every five child passenger deaths in the U.S. involves a driver impaired by alcohol.  In the study, which covered a period of nearly ten years, 65% of the children who were killed were riding with an alcohol-impaired driver.  Additionally, most of these children were not wearing seatbelts or any kind of restraints.  Tbe study also reported those states with the highest fatality rates for children riding with impaired drivers; Arizona was not listed among the highest or the lowest states.

    Parents, generally speaking, do everything in their power to protect their children, and take safeguards and precautions, such as seatbelts, seriously.  People who choose to drive while impaired by alcohol or drugs may not even pause to consider that they are risking their own safety, so it follows that protecting the safety of passengers, other drivers, and even pedestrians may not be top of mind either.  But studies like this newly released report certainly “drive home” the terrible consequences that can result.

    Educational and prevention initiatives are suggested in the study as some of the ways to prevent future child fatalities related to DUI.  So are tougher penalties.  Still, the responsibility centers on the person climbing behind the wheel.  And whether the purpose is a car pool, school field trip, family get-together or dentist appointment, if there are children or teenagers in the vehicle, that great responsibility becomes even greater.

    If you have questions about Arizona DUI laws, or know someone who needs help regarding a DUI-related legal situation, please call Zachary Law Group.  Talk to one of our experienced attorneys about your concerns. We offer a FREE 30-minute case evaluation, and when we take on your legal case, we’ll do our best to “Zach-It”! Think about the safety of your family and loved ones. Give us a call soon, at 1-855-Zach-law.

    Motorcycles and Arizona DUI

    Motorcycles and Arizona DUIThis blog talks at length about driving while impaired, but to this point, we have only mentioned automobiles in relation to DUI and DWI.  We have not discussed motorcycles and Arizona DUI.  And, speaking of that, there is actually an organization known as B.A.D.D. – Bikers Against Drunk Drivers.  According to their website, B.A.D.D. has over two million members worldwide.  This organization not only works to increase awareness of the dangers of drunk driving, they also participate in philanthropic efforts directed at helping people and families who have been affected. And that is all to the good, in my opinion.

    To turn this discussion in a different direction, though, what happens to you if you are stopped while riding a motorcycle, on suspicion of DUI?  Are the laws and penalties for motorcycles and Arizona DUI the same as those for driving an automobile?  Well, in the state of Arizona, you must apply and take tests before you can receive your motorcycle driver’s license with its Class M designation. As with cars, you must be 16 and have completed instruction, following the state laws for licensing drivers. This is particularly important, because, as the Arizona Department of Highway Safety reminds us, motorcycles are more difficult to operate than cars, and require mastering different skills.  Also remember, the motorcycle license carries the same “implied consent” provision that means you must submit to a blood, breath or urine test if you are brought in on suspicion of DUI.

    Now, back to motorcycles and DUI.  You can look online for Arizona news stories about motorcycle crashes, chases and other accidents that resulted in DUI charges, and you’ll find them. So what do the laws say, exactly? The Arizona Revised Statute 28-892 specifically addresses the legal aspects of riding motorcycles and all-terrain vehicles.  But in terms of DUI laws and penalties, Arizona Revised Statute 28-1386, is entitled (in part):  Operating a motor vehicle, aircraft, watercraft or water skis under the influence.  The bottom line is that a motorcycle is a motor vehicle. Arizona DUI laws and penalties apply the same to the driver of a motorcycle as they do to the driver of an automobile.

    Whatever type of motorized vehicle you drive, if you need help with a DUI-related issue, get in touch with Zachary Law Group.  We offer a FREE 30-minute case evaluation, to help provide answers to your questions and concerns. When we take on your legal problem, we do everything we can to “Zach-It”!  You can reach us any time, at 1-855-Zach-law.

    Arizona court overturns marijuana DUI decision

    Arizona court overturns marijuana DUI decisionThe Arizona State Supreme Court very recently made a significant ruling in the category of drugged DUI and marijuana use.  Specifically, the court overturned a lower court’s decision that allowed law enforcement to prosecute marijuana users for DUI even when there is no evidence of impairment. In short, you can no longer be prosecuted for DUI just because there is evidence of marijuana metabolites in your blood.  If you are not impaired at the time of the DUI stop, the issue of whether or not you have used marijuana will not be a contributing factor toward a DUI conviction.

    This ruling takes into account what is now lawful medical marijuana use, and, in some states, lawful recreational use as well.  Drug tests that determine the presence of marijuana metabolites reveal two different substances.  One of these substances causes impairment and the other does not, but the non-impairing compound stays in the user’s system for weeks.  In English:  if you used marijuana and then a week or so later get picked up on a DUI, that non-impairing chemical cannot be used as evidence against you (unless you are impaired at the time of the stop).

    Not all of the Justices agreed with the ruling.  And some U.S. states still have no-tolerance statutes regarding marijuana use and DUI.  This ruling will benefit people in Arizona who use marijuana for medical reasons. However, as of this writing, recreational marijuana use is still illegal in Arizona, and so is driving while drug-impaired.  But laws, like many other things in our lives, continue to change and evolve.

    As a DUI attorney in Arizona, I stay current with the laws that affect my clients.  If you have questions or concerns about how any DUI-related laws may affect you, or you are seeking legal advice, please get in touch with us at Zachary Law Group. We offer a FREE 30-minute case evaluation, so we can talk about your issues.  When we represent you, we’ll focus on the best possible outcome, and “Zach-It”!  So give us a call soon, at 1-855-Zach-law.

     

    Arizona DUI officer training: they’re way ahead of you

    Arizona DUI Officer TrainingSome impaired drivers think they can fool any officer that stops them and questions their sobriety.  Those people are usually wrong.  Because, along with the evidence provided by medical/scientific tests on bodily fluids, law enforcement officials now receive specialized training in identifying impaired drivers.

    In Arizona, one of these programs is A.R.I.D.E. — Advanced Roadside Impaired Driving Enforcement.  This course focuses on DUI tools such as SFSTs, Standardized Field Sobriety Tests:  how to administer, describe and document them. Officers also learn about as the laws regarding these tests.  In Arizona, once a driver is arrested, he/she may not refuse to take a blood, breath or urine test.  Arizona law gives the arresting officer the choice of which test to use; however, here in the Gilbert jurisdiction, only blood may be taken.

    The DEC Program – Drug Evaluation and Classification – trains law enforcement officials as drug recognition experts (DREs).  Officers learn the physical and mental signs of impairment, as well as the importance of biological/medical tests.  Now that DUI laws apply to both drugged and drunk driving, this expertise is more relevant than ever.

    In addition, law enforcement officers may receive phlebotomy training, to draw blood if needed, at the station or other location.

    An impaired driver may believe that luck, timing, or even charm can fool an officer during a roadside stop.  The truth is, Arizona officers are increasingly well-trained regarding impairment and DUI charges.  So obviously, the smart thing would be not to challenge them to demonstrate.

    No doubt drivers will continue to find themselves in DUI-related situations.  Should that occur, here is a valuable piece of knowledge:  seek out the help of an experienced attorney at Zachary Law Group.  We offer a FREE 30-minute case evaluation to get started on your questions and issues.  From there, we can represent you, assert and protect your rights, and work toward the best possible outcome.  That’s how we “Zach-It”!  So be smart.  Give us a call soon, at 1-855-Zach-law.

    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.

     

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