I got a DUI here in Arizona and I need to get SR22 as soon as possible for me to drive again. I’m reviewing several insurance companies so I need to find out, what do I have to know about insurance companies before I go with them?

Edward

Coconino, AZ

Following a conviction for Driving Under the Influence (DUI) in the state of Arizona, you will be mandated to keep high risk insurance commonly known as SR22 insurance. SR22 for DUI is submitted for you by your car insurance company to the Department of Motor Vehicles (DMV). The filing of SR22 for DUI can be done immediately if this would be done online.

If you are in the process of selecting which insurance company to go with for your SR22 DUI, you have to consider one too many things aside from the amount you have to pay. These things include:

–the kind of insurance company you are doing business with
–availability of SR22 insurance policies in your area
–the type of coverage available for your SR22 DUI
–their guiding principle in terms of cancellation and suspension

Perhaps the most crucial thing you have to consider is their cancellation and suspension rules that are included in every policy they have. A number of insurers will terminate your policy and notify the DMV in case you’re even one day late with your premium payment. The DMV then suspends your driver’s license again until you have gotten another insurance company to cover you for SR22 DUI insurance. You have to focus on the numerous restrictions they give you with this concern.

How can I obtain auto insurance after being convicted for drunk driving or DUI ?

Ralph

Catalina Foothills, AZ

Most major auto insurance providers would not give coverage to those who have been convicted for drunk driving or DUI. Even if you have an existing auto insurance coverage in Arizona at the time you were convicted, your auto insurance provider could very well drop your policy or increase your premiums considerably.

A good place to begin with suggestions for credible auto insurance companies who give coverage to people convicted of DUI is you DUI lawyer or legal counsel. Most likely, this would not be the first time they have been down this road and they could have some resources to help you in your search to find the best drunk driving insurance for you. Another option is to find out a DUI specialist who could help you track down the best auto insurance provider for your specific driving record. An auto insurance provider offer rates based on a lot of factors like driving record, claim history, age and gender to name a few. You could almost expect that they would also be checking your credit report and confirming employment.

I received a DUI but I do not want to lose my drivers license, so I just need to know if there is a US state where I can obtain a drivers license?

Larry

Phoenix, AZ

All states have laws with regards to driving while intoxicated or driving under the influence (DUI) of alcohol or drugs and other serious violation. In all states a DUI is a serious violation with associated penalties such as fines, jail time, suspension or revocation of driver’s license, etc. Most of these states are also part of the Driver’s License Agreement- meaning that they forward their DMV records with each other so the driving under the influence charge would follow you if you move to a different state.

There are some states which permit violators to drive their automobiles that are equipped with ignition interlocks. This device checks the driver’s breath and the ignition will be disabled if it determines the driver has been drinking. I would recommend that you seek legal advice with regards to this to verify if there is anyway in which you could not lose your drivers license.

Hi, my name is Lance, I live in Phoenix, Arizona and I have been driving for a long time. I didn’t know that speed and braking properly can even be a difficult task for an impaired driving. How can this happen and could you give me an example?

Lance

Phoenix, AZ

There are numerous driving cues that we can observe and basically judge that a motorist is driving under the influence. Two of the problems that an impaired driver can exhibit are speeding and braking problems. A research has shown that braking properly could be a difficult task for an impaired driver. For example, there is a good chance that a driver is under the influence if you notice any type of stopping problem. These stopping problems include jerky or abrupt stops, stopping too far from a curb or at an inappropriate angle and stopping too short or beyond a limit line.

Impaired drivers could also experience difficulty maintaining an appropriate speed. There is also a good chance that the motorist is driving under the influence if you notice the vehicle to vary its speed, alternating between speeding up and slowing down; accelerate or decelerate rapidly for no apparent reason; or driven at a speed that is ten miles per hour or more under the limit.

When I was arrested for DUI in Arizona, I really got curious when the officer did a so-called nystagmus test. I heard that nystagmus can be caused by other factors. What are these factors that may be able to help me in my defense?

Rae

Catalina Foothills, AZ

As police officers and certain studies claim, the horizontal gaze nystagmus (HGN) helps police officers correctly determine motorists who are under the influence of alcohol. The HGN is based on a theory that that alcohol affects the automatic tracking mechanisms of the eyes and nystagmus is defined as “an involuntary rapid movement of the eyeball, which may be horizontal, vertical, rotatory, or mixed.” Alcohol would slow down the eyes’ ability to rapidly track objects and causes to eyes to jerk or oscillate before they normally would in a sober person.

Nystagmus could be caused by many other factors such as problems in an individual’s inner ear labyrinth. As a matter of fact, irrigating the ears with warm water or cold water would be a source of error. There are also other physiological problems such as certain kinds of diseases that could result in gaze nystagmus. Streptococcus, influenza, vertigo, infections, syphilis, measles, muscular dystrophy, arteriosclerosis, Korsakoff’s Syndrome, multiple sclerosis, epilepsy, brain hemorrhage and other psychogenic disorders all have been shown to cause nystagmus. All of these and other conditions may result in gaze nystagmus that you could be able to use as a defense in your DUI case in Catalina Foothills, Arizona.

I got arrested just recently for DUI  and my driver’s license got suspended. How can I get back and forth to work if I don’t have my driver’s license?

Hudson

Yuma, AZ

Arizona occupational driver’s licenses could be available under many different circumstances. The judge should find that an “essential need” exists such as job and school commuting. This kind of license would be restricted as to areas, routes and certain times. If you get an occupational driver’s license, you could be able to get back and forth to work after your DUI charge in Yuma, Arizona.

The occupational driver’s license could be granted only after an appropriate lawsuit is filed to obtain the driver’s license. A qualified DUI lawyer could definitely help you with the process of obtaining the occupational driver’s license. The costs usually vary but the fees of $120-$200 are common. Arizona Motor Vehicle Division (MVD) requires another $10 and an SR22 auto insurance would also be necessary. The SR22 auto insurance is a document sent to MVD to make sure that you are continuously insured as required by the laws. Let me remind you now that the SR22 auto insurance and DUI lawyer would have additional costs. Another reminder is that some people could be ineligible to get an occupational license.

I was charged with DUI and I feel like my case would just be lost. Do I at least have a fighting chance in winning my drunk driving case?

Julius

Tempe, AZ

This is one of the most common mistakes that people charged with DUI do-think that they will just lose in their DUI case and the case is over especially if they had a blood alcohol reading of .08% or more. But you have to know that this is definitely not the way DUI defense works in the real world because DUI convictions are almost never assured.

The prosecution would point to several factors as evidence that you were driving under the influence when you were arrested in Tempe, Arizona. These factors include the odor of alcohol flowing from the breath, poor performance on the field sobriety tests, poor navigation of your vehicle, the appearance of being intoxicated, and the results of the breath or blood alcohol test. But all of those pieces of evidence are unreliable, ambiguous, based on faulty assumptions, open to attack and subject to multiple interpretations. There are a lot of DUI defenses that could be raised in a typical DUI case. Not every DUI defense would apply in your case but a good DUI lawyer could definitely study each line of defense that could be used in your DUI case.

I never got cited for DUI but I’m curious to know a few things about it. If asked, can I admit that I had been drinking if I will be stopped for DUI?

Suzanne

Scottsdale, AZ

Although you are not suppose to answer any potentially incriminating questions, even lawyers would advise you to be polite to the police officers if you are stopped for DUI suspicion. You could say that you would like to speak with a DUI lawyer first before answering any questions; and this would be a good response to them. But you could admit that you had been drinking if you only had a few drinks because that may not be incriminating; because one or two drinks are usually not sufficient to cause intoxication and it could explain the odor of alcohol on your breath. This would make you look honest as well, which could later be very significant in your defense.

If you are stopped for any reason and you had been drinking and you really don’t think that your driving is impaired, I strongly suggest that you call an expert on this. An experienced DUI lawyer could definitely help you get out of trouble and build a line of DUI defense to prove that you were not driving under the influence.

I took the blood alcohol test when I was arrested for DUI and unfortunately, I was over the legal limit. What can I expect to face now in terms of legal proceedings?

Kianna

Coconino, AZ

Upon being arrested for DUI after you had blood alcohol content (BAC) that was beyond the legal limit, you could expect to be involved in two separate legal proceedings which are the criminal proceeding in court and the civil proceeding with the Department of Motor Vehicles (MVD) and the likely suspension of your driver license. These proceedings are mutually exclusive and the outcome would not affect the other. Also, you could either win or lose both proceedings.

The criminal proceeding involves entering a plea or a verdict of guilty following a jury or bench trial and could result in mandatory jail time, fees and assessments, fines, supervised or unsupervised probation and a criminal record. On the other hand, the civil proceeding is conducted by an administrative hearing officer at the MVD. These proceeding involves the possible suspension of your driver’s license, or if from out of state, your driving privilege in Arizona. Since your BAC was over the legal limit, you are facing a 90-day driver’s license suspension and must request for a hearing with the MVD to save your license.

I understand that police officers are trained enough to conduct field sobriety tests on people whom they think that are drunk driving but the question is, how are police officers in  Arizona trained for conducting such tests?

Easton

Glendale, AZ

Field sobriety tests (FST’s) program have long been implemented on DUI investigation since the Advisory Committee on Highway Safety of the International Association of Chiefs of Police (IACP) passed a resolution which recommended for law enforcement agencies to adopt the program developed by the National Highway Traffic Safety Administration (NHTSA). As the program continues to grow, it has become apparent that in order to ensure continued success, nationally accepted standards should be established. These standards that establish criteria for the selection and training of standardized field sobriety test (SFST) practitioners will help ensure the continued high level of success of the SFST program.

Law enforcement officers at present, which include those in Glendale, Arizona, have training in the SFST program which is 16 hours in length and include at least two controlled drinking sessions utilizing volunteer drinkers. This is in conformity with section 1.2 of the Standards for Training in Standardized Field Sobriety Testing.