Hi, I just moved here in Gilbert, Arizona and I got interested in DUI when a neighbor was wrongfully arrested for it. Question is, what does the fourth amendment has to do with any DUI case?

Billy

Gilbert, AZ

The Fourth Amendment to the United States Constitution means a lot for a driver on the Arizona roadways especially in relation to traffic offenses, most specifically, DUI investigation/suspicion. In any DUI stop, a police officer who pulled over the vehicle should to justify why the vehicle was stopped. That explanation should include the evidence that a traffic violation was actually committed. If not, this could absolutely result in the suppression of evidence that is taken illegally.

The DUI defense attorney could definitely file a motion to suppress if the police officer could not demonstrate that a traffic infraction was thereby committed because this would be a violation of the Fourth Amendment rights. If the judge agrees, then it means that the DUI case would be dismissed because any evidence that was obtained from illegal stop is inadmissible. Note that most of the DUI case dismissals are results of this approach. In your neighbor’s DUI case, hiring a good DUI lawyer there in Arizona could definitely challenge the DUI stop to find out if it was a lawful stop and no violation of the defendant’s right was actually committed.

I heard that my sister was charged with two separate cases when she was arrested for DUI here in Arizona. Wouldn’t that gonna be double jeopardy? What are these cases that were charged against her?

Zaid

Casas Adobes, AZ

If your sister was arrested for DUI in Casas Adobes, Arizona for the first time, there would actually be two separate and distinct cases against her. The state of Arizona has two shots of taking her driver’s license after a DUI arrest because one suspension flows from a criminal conviction while the other is with regard to her “privilege” to drive. Since double jeopardy actually only applies to criminal cases and one case is civil in nature, the state has two chances to remove your sister from Arizona’s highways.

Arizona law states that any person who drives a motor vehicle in Arizona gives consent to a test or tests of their blood, breath, urine or other bodily substances as part of exercising the “privilege” to drive in Arizona. Through this law, police officers can determine alcohol concentration or drug content if the person is arrested for DUI. By driving in the state of Arizona, in essence, your sister has already consented to the test.

A friend was just visiting us here and had a lot of fun one night that he was caught drunk driving. It can be considered a good thing that it wasn’t a felony charge. Does he need to go back here once his DUI trial starts?

Fatima

Catalina Foothills, AZ

Your friend could be considered lucky enough to avoid a felony DUI arrest, which means that he is facing a misdemeanor DUI charge when was caught drunk driving in Catalina Foothills, Arizona. If there is an upside thing in his situation, it is that he may never need to come back to Arizona to appear in court as long as he has a lawyer representing him.

Since it is a misdemeanor DUI charge, so long as the case does not ultimately end up in trial, a lawyer can appear on his behalf, conduct pre-trial hearings and also negotiate with the prosecution without him being there. If a deal has been reached, the lawyer can arrange a telephonic change of plea hearing (TCOP). His lawyer will forward him the plea paperwork once a TCOP is arranged. The paperwork includes the terms of the agreement (which will be his sentence), as well as a fingerprint form which he needs to take to a local law enforcement agency to have completed. He also needs to find a local jail that is willing to accept him for the expected number of days according to the plea agreement. In case his home state does not accept out of state jail commitments, he needs to make arrangements to come back to Arizona to serve.

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 DUI 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.