Reader’s Question:

Is it true that you could also be charged with DUI because of prescription drugs? It could be absurd that my cousin was arrested for DUI here in North Pinal, Arizona because of his probable prescription drug abuse. All along, I thought that a person can only be charged with DUI if he was caught drunk driving.

Wade

North Pinal, AZ

DUI does not necessarily apply to drinking and driving. DUI means driving under the influence of drugs and/or alcohol and by saying drugs, it includes prescription medications as well. The probable reason why your cousin was stopped for DUI in North Pinal, Arizona is because the prescription drug that he has taken caused him drowsiness, dizziness or even mental confusion.

Most of the prescription drugs that can affect our driving should have a warning on the label that states not to operate heavy machinery. In Arizona, a person can be charged with a DUI if his/her driving is impaired due to prescription medication. If a police officer has observed a person driving erratically, they may ask him/her to take a blood or urine test to rule out the presence of alcohol or drugs in the system. But if the person do test positive for a prescribed drug, he/she can be charged with a DUI. But these tests do not determine if the driving was affected solely from the medication. The officer only observed the person’s driving for a very short period of time and this may not have even been the reason for your cousin’s driving to be affected.

Tags: drunk driving laws, DUI, DUI arrest, DUI drugs

Reader’s Question:

A friend of mine was just recently charged with DUI in Peoria, Arizona. He failed the walk and turn test and the one leg stand which I believe can be explained by his balance control problems because he has labyrinthitis. Could he use this balance disorder as a DUI defense?

Taryn

Peoria, AZ

Labyrinthitis is a balance disorder which is an inflammatory process affecting the labyrinths that house the vestibular system of the inner ear. This health problem is caused by a viral or bacterial infection, a reaction to a particular medicine, an allergy, or head injury. This may change the balance system and could result in a balance problem. Labyrinthitis can also cause dizziness which is probably why your friend failed the two of the standardized field sobriety tests which are walk and turn test and the one leg stand.

The results of the field sobriety tests (FST’s) such as the walk and turn test and the one leg stand are said to be determinant factors as to whether or not a person is driving under the influence of alcohol or drugs. But lot of people suffer from balance control problems. People who have a balance disorder can experience a sensation of dizziness, visual blurring, light headedness and disorientation. Your friend may actually sober when he performed these FST’s but failed because of his balance disorder. Because of that, his balance disorder can be used a defense on is DUI charge in Peoria, Arizona.

Tags: DUI lawyer, DWI advice

Reader’s Question:

Clearly, a DUI case took its toll on me. I was charged with drunk driving here in Gilbert, Arizona. I have so many questions regarding my case. First, will I be charged to speak to a lawyer about my DUI case? How is the DMV license suspension or revocation different from the suspension or revocation if I will be convicted? I also wonder, how long will it take to settle my DUI case?

Matthew

Gilbert, AZ

Most law firms offer free initial consultation so you will not be charged to speak to a lawyer about your DUI case in Gilbert, Arizona. Also, there is no obligation for obtaining a professional evaluation of your DUI case.

Regarding the length of time your DUI case is gonna be settled, it actually varies depending on many factors. This would include whether this is a first or multiple offense, whether your case is a misdemeanor or a felony, if it involves enhancements and negotiated or taken to trial. Normally, most DUI cases span a minimum of several months.

The Department of Motor Vehicles (DMV) revocation or suspension is an administrative action taken against your driving privilege only. The revocation or suspension after a conviction is a mandatory action for which fine, jail, or other criminal penalty can be imposed.

Tags: DUI, DUI advice, DUI lawyer

Reader’s Question:

I have a DUI charge in Tucson, Arizona and I’m waiting for my first court hearing. This is going to be a big lesson for me because I actually have been drinking and driving for a long time and this is the first time that I was caught. Can I win my Arizona DUI case?

Genesis

Tucson, AZ

Resoundingly, yes, you can win your DUI case in Tucson, Arizona. You can beat your DUI charge in many situations. Even you are presumed innocent, until proven guilty, by a jury of their peers, and beyond a reasonable doubt. This is true despite the best efforts of the Mothers Against Drunk Driving (MADD) and your Arizona State representatives. Any talented Arizona DUI defense lawyer would tell you the police officers make mistakes in almost every case. The trick there is to find these mistakes and use them to your advantage. There are many DUI defenses that an experienced Arizona DUI lawyer can come up with in your unique situation.

Many times a case can be dismissed or thrown out by the judge on the prosecutions motion before trial. It is your Constitutional Right to make the State prove its Arizona DUI case. Many times, with a lawyer who focuses his practice on Arizona DUI defense, the DUI case becomes very hard to prove indeed.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

I have a DUI conviction here in Glendale, Arizona and I was required to get SR22 auto insurance. Is this another insurance policy and how will this be different from my auto insurance?

Louie

Glendale, AZ

SR22 auto insurance is not an insurance policy. It is simply a proof of insurance required by the state of Arizona for those who have had serious motor vehicle citations. In your case, you are required to file for SR22 auto insurance because of your DUI conviction in Glendale, Arizona. SR22 is just a piece of paper stating your financial responsibility, or certified proof of insurance.

In the state of Arizona, SR22 is available to those who need it by purchasing a policy with the minimum amount of liability coverage. It is exactly the same coverage as a policy without SR22 insurance. The only difference is that when your insurance company issues the SR22, it immediately contacts the Department of Motor Vehicles (DMV) whenever you cancel your policy or remove a vehicle from that policy. Essentially, the SR22 insurance allows the DMV to keep tabs on your insurance status in order to protect other motorists from potentially harmful drivers.

Tags: drunk driving insurance, DUI, insurance, SR22 insurance

Reader’s Question:

I was tasked to find a lawyer here in Phoenix, Arizona to defend my brother on his DUI case. They say that I should get a lawyer who specializes in DUI not just a public defender. What difference does it make if I hire a regular lawyer?

Elmer

Phoenix, AZ

Tell you what, it would make a big difference. The best Phoenix, Arizona DUI lawyer is the one who is able to help your brother successfully come out of the legal trouble he is in. It is certainly not cake walk to find the right lawyer for his case, however, keeping in view the large number of law firms available in the market. There are several factors that need to be taken into careful consideration in this regard. You would want a legal representative who is highly experienced and qualified in his or her field of specialization.

It is very significant for you to understand that different types of legal cases require different types of treatment. So make sure that the legal representative you are hiring for your brother has all the qualifications needed to handle the specific legal case your brother is caught in. For example, it would be prudent to hire a legal representative who specializes in such cases rather than hiring just a legal professional who is a jack-of-all-trades. The lawyer you choose should have a thorough understanding of all the aspects associated with a DUI case which may include sobriety tests, blood alcohol limits, psychology, toxicology and much more.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

I have been convicted for DUI here in Arizona back in 1999. My record has been cleared since 2006. How come my DUI conviction was back to my driving history again? What would be the possible effects of this on me?

Bruce

Yuma, AZ

If your DUI record in Arizona has been cleared since 2006, as annoying as it may seem but, the new law in Arizona states that a DUI conviction will stay on your driving record for 10 years. In your case, you had your DUI in 1999 and had it removed from your record in 2006. Because of the new law, your DUI conviction would actually stay on your driving record until 2009.

The possible effect of this law would be on getting driver discount. I believe that you had since received a good driver discount when you had your record cleared in 2006. But since your DUI is now back on your driving history, you may not qualify for a good driver discount again until 2009. Another aspect that would be affected is your auto insurance. If your insurance company did not know about your DUI conviction, they might find it out sooner or later when they check your driving record. If the insurance company finds out about it, your premium rates would likely go up if they don’t drop you. But most of the major auto car insurance companies would not offer auto insurance to those who have been convicted of driving under the influence. If that happens, you would have to find another insurance company that will give you coverage.

Tags: drunk driving insurance, DUI, insurance

Reader’s Question:

Life really seems to be unfair sometimes. It was the first time ever that I had a few drinks and drove my way home. I was caught drunk driving and was charged with DUI here in Arizona. I know some people who have done that several times already but were never being caught. I guess maybe they were just lucky. Anyways, I have to know some important things about Arizona DUI laws. What are the penalties that are involved?

Christian

Tempe, AZ

Talking about being lucky, huh? It would be the opposite for you if you will be proven guilty of your DUI charge in Arizona.

If you are found to have less than .08 percent blood alcohol content (BAC) at the time of your arrest, you are considered to be “impaired to the slightest degree” and will be sentenced to 10 days in jail, with nine days suspended provided you attend and complete an alcohol education seminar. You may have to pay about a minimum $1,450 in fines, but the judge can impose as much as $2,500 and you may serve jail time for six months. These penalties apply if your BAC is between .08 percent and less than .15 percent.

If the DUI offense is more serious and are found to have .15 percent BAC, be prepared to spend more time in jail as it will be 30 days, 20 days license provided you finish alcohol screening and education and agree to install an “ignition interlock device” in your vehicle. The judge can impose higher penalties and you can serve up to six months in jail, pay much more than $2,500 in fees and surcharges and be subject to about 3 years of probation.

Arizona State does not have to prove that you have a BAC of at least .08 percent to convict you. You can be convicted if they find any trace of alcohol and prove that it impairs your ability to drive.

Reader’s Question:

I want to know the things that I should know if I will be arrested for DUI. I know some people who have been charged with DUI here in Arizona. I’m not counting out the possibility that I could be arrested for the same offense in the future because I always risk drinking and driving, though I do my best to avoid it. But just in case, what is the first step in a DUI defense?

Hilary

Mesa, AZ

With so much at stake with Arizona DUI charge, it is surprising that many drivers do not know their rights when pulled over. Some people don’t even know that they have rights at all.

If ever you will be pulled over for suspicion of DUI, you know that it can be a very intimidating and frightening situation. But knowing your rights is actually the first step in a DUI defense. Remember that you have the right to remain silent and you may refuse to answer questions. You may also refuse to take any field sobriety tests (FST). But the law would require you to a chemical test. You may be able to speak with a lawyer prior to the test depending on the situation. This may not always be the case but always request to speak to a lawyer. You should also consider getting an independent blood test. You can get the at a hospital emergency room.

Knowing your rights when pulled over by a police officer over a DUI suspicion can turn a potential nightmare into a manageable one. If you always risk drunk driving and get caught and charged with DUI, be polite with the police officer and invoke your rights as this would create a more manageable outcome.

Reader’s Question:

My husband was charged for DUI here in Arizona. We are in a fixed income just like anybody else. We would like to get a DUI lawyer who would defend my husband against his charge. How much do we have to pay an Arizona DUI lawyer if we will be hiring one?

Bette

Glendale, AZ

It is always a good idea to go with the most affordable or cheapest lawyer. What would be more important is that you find the best Arizona DUI lawyer who would represent your husband. I do understand your point that you can’t actually afford an expensive one. You may still be able to find a less expensive experienced Arizona DUI lawyer.

Usually, DUI lawyers who charge cheap are those who need to take up more and more cases to survive. On the other hand, those who charge more are those who already built a good reputation and have been defending DUI clients for quite a while.

The actual cost of hiring a DUI lawyer varies. But you can expect an Arizona DUI lawyer to charge anywhere between $3,000 and $15,000 for a first time misdemeanor. The fees increases from $15,000 to even beyond $25,000 for felony DUI cases, excluding expert witness fees and other costs.

Some DUI lawyers to charge by the hour. The common rate would be $300/hour. This kind of lawyers seeks an upfront retainer, upon which the billing is done. The client is asked to replenish it again after the exhaustion of the original retainer. There are also some DUI lawyers who adjust their payments based on the financial needs of the client.