Reader’s Question:

What do you mean by rising BAC defense? And when I get stopped by the Arizona police and brought to the police station, what should I do there?

Irma

Gilbert, AZ

Rising BAC defense means that it is unlawful to have an excessive blood-alcohol concentration during driving and not at the time of being breath tested. Because it takes between thirty minutes and three hours for alcohol to be immersed into the system, and person’s BAC might persist to rise for some time after he is stopped and arrested.

Usually, it is an hour or more after you were brought to a halt when the blood, breath or urine test is given to the suspect. Assume that the result is .10%. If the person charged with Arizona DWI has continued to take in alcohol since he was stopped, his BAC at the time he was driving may have been only 0.07%. In other words, the test result illustrates a blood-alcohol level above the lawful limit. But his definite BAC at the time of driving was below that.Once you are in the police station you should not take any breath test. You need to ask for a lawyer immediately before making any statements. You need to stand in only place and politely decline to move around. You need to keep asking for an attorney, and when the Arizona officer tries to get you to walk around, you should not. If he says that there is a phone on the wall to call an attorney, say you will call him later instead. You should not waive your rights and do not answer any questions. You should always be polite to the Arizona police officer, only tell your name and where you live.

Anything that you say or do on the video will be used against you. Make sure that you conduct yourself in a polite and levelheaded manner. Keep in mind that you are on video; they cannot do anything to harm you. The officers are normally extremely professional, and they would not do anything to hurt you.

Reader’s Question:

My sister was recently charged with DUI here in Arizona. This is already her second offense, the first was in 2002. Would the first offense still count as a prior if it happened six years ago? What are the penalties that would be involved if she will be convicted?

Carla,

Mesa, AZ

Thanks for asking, Carla.

In the state of Arizona, penalties for DUI conviction depend on the defendant’s criminal record and type of DUI that was charged. For the purposes of sentencing, DUI counts as a prior if it occurred within 7 years (84 months) of the current arrest.

There are a lot of penalties involved for second time offender. She may serve jail time of 90-180 days and pay approximately $3,500 in fines and costs and jail costs. Her drivers’ license will be revoked for one year, reinstatement of license is not automatic and she is not eligible for a work permit during the period of revocation. If she will be convicted, she must get a substance abuse evaluation and comply with any recommendation or be subject to additional jail time. She may also be placed on probation for up to five years. The court must order a minimum of 30 hours of community service in addition to any other fine imposed. The court may order your sister to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panel. Lastly, she will be required to have Ignition Interlock Device for 12 months after license reinstatement. This device is installed in the vehicle’s dashboard wherein the driver breaths into before the vehicle can be started.

Reader’s Question:

Hi. My father has been convicted for DUI three years ago here in Tucson Arizona. I want to know more about DUI facts in Arizona so that I would be more knowledgeable about it. How does a DUI charge considered a felony?

Kaye

Tucson, AZ

Thanks for asking, Kaye.

DUI charge is a very serious criminal offense. Arizona DUI law has a reputation as among the nation’s toughest. The legal limit for blood alcohol concentration level (BAC) is .08%. A BAC of .15% or higher results in additional charges.

It will be considered a felony if the suspect has two or more prior DUI convictions in Arizona or in another state within seven years of the arrest. The suspect’s privileges to drive are revoked, suspended or restricted at the time he/she is charged with DUI in Arizona. It will also be considered a felony if there is a child under 15 years old the vehicle.

Reader’s Question:

I have heard several cases about a DUI here in Arizona. My curiosity grew larger when a friend of mine was recently charged with this offense. I just want to know if this happens to me as well, how should I answer when a police officer pulls my vehicle over and asks me if I have been drinking?

Danny

Chandler, AZ

In the laws of the state of Arizona, you are not required to answer any questions that could lead to incriminating statements. You can kindly state that you wish to speak with a lawyer before you answer any queries. However, if you state that you drank one or two beers you are not putting yourself in danger. Because in fact, this could explain alcohol on the breath and two beers is not enough to cause intoxication.

Do not be so afraid if you get pulled over because of a drunk driving suspicion. Your rights are protected. I’m sure a good California DUI lawyer could definitely advise you on what to do next if this happens.

Reader’s Question:

Will I ever get a cheap car insurance in Arizona after having a DUI conviction? I’m desperately in need of your help.

Nick

Fresno, CA

Well, good luck to you, Nick. Don’t expect that you can get the lowest premium rates if you have an Arizona DUI on your record. You may anticipate paying as much as double than drivers with unblemished driving histories. Most insurance companies check a driver’s motor vehicle record only once every three years or when you’re applying for a new policy. Sometimes, drunk-driving convictions, accidents and tickets can escape your insurer’s attention or don’t end up on your motor vehicle record. But if your insurer finds out about your DUI conviction, you are likely to feel the pinch of higher rates and possibly policy cancellation or non-renewal.

I suggest you shop around so that you can yield the lowest rate for your car insurance in Arizona, as they vary greatly. Hope you find the lowest rate that would help you wipe your desperation about getting a cheap insurance in Arizona after your DUI.