Of all 50 states, Arizona has the distinction of having the strictest laws for DUI. This is especially true for anyone who is a first-time offender.
For example, first offenders are subject to the following penalties:
- Driver’s license suspension – Your driver’s license is immediately revoked for DUI, with no chance for a temporary license.
- Ignition interlock device – You must install an ignition interlock device (IID) if convicted for DUI. The device requires that the user give a breath sample before they can start their car. The car won’t switch on if alcohol is detected.
- Mandatory incarceration: DUI offenders must go to jail.
- High fines – Arizona imposes high fines for a DUI conviction.
- Sobriety checkpoints – Arizona sets up checkpoints to check for DUI.
- Child endangerment – Anyone who has a child in a vehicle when they’re arrested for DUI will be charged with a felony.
Also, a repeat offender with a third DUI conviction within 84 months of the first offense is charged with an aggravated DUI – a Class 4 felony.
Other States that Have Stricter DUI Laws
Besides Arizona, the following states also impose stricter laws for DUI charges:
Utah
Instead of the usual breath alcohol content of 0.08 percent in most states, Utah’s BAC for drunk driving is set at 0.05 percent. Plus, a first DUI offense has a mandatory sentence of two days in jail.
Massachusetts
If you’re a first or second time offender for DUI in Massachusetts, you may have to spend 2.5 years in prison. While this sentence is not imposed frequently, it still may be imposed if the offender’s case involves extenuating factors, such as a death, severe injuries, or child endangerment.
States with Long Lookback Periods
If you’re convicted of DUI in Alaska, the look \back period goes back 10 years. A lookback period represents the time a DUI conviction remains on a driving record and, therefore, can be used against you in subsequent convictions. This span of time is important, as it affects the severity of the penalties for repeat DUI offenders.
Other states, whose lookback period goes back 10 years, include Connecticut, West Virginia, and Kansas.
DUI is an Expensive Crime
For example, Florida is an expensive state when it comes to DUI. A first conviction for DUI leads to a fine between $500 to $1,000 plus up to six months in jail. If you have a blood alcohol concentration (BAC) of at least 0.15 percent or have a minor in your auto, the fine ranges from $1,000 to $2,000. You’ll also face up to nine months in jail.
If you’re convicted for a second time in the “Sunshine State,” regardless of when you were convicted the first time, the fines and incarceration period are the same as those for a first conviction. You’ll also have to pay for an ignition interlock device (IID) for at least a year. An IID is expensive, so, again, getting caught for DUI can lead to some pretty hefty expenses.
How a DUI Lawyer Can Help: Reasons to Retain Legal Counsel
Being charged with driving under the influence (DUI) is stressful. The potential consequences of a DUI conviction are severe anywhere and include fines, a license suspension, and even jail time.
However, hiring an experienced DUI attorney can significantly improve your chances of obtaining a more favorable outcome.
A Comprehensive Understanding DUI Laws and Procedures
DUI laws are complicated and can vary significantly from state to state. A DUI attorney possesses knowledge of local laws. This includes knowing what specific procedures and protocols law enforcement and the courts must follow. This understanding allows them to:
- Identify potential legal issues or violations of your rights
- Recognize when proper procedures weren’t followed during your arrest or testing
- Take the right steps when dealing with local courts
- Stay updated on changes in DUI laws and precedents
By leveraging this knowledge, a DUI attorney can build a stronger defense strategy – personalized to your case.
Scrutinizing Evidence and Challenging Test Results
One of the most important roles a DUI attorney plays is their exam of the evidence. This assessment includes the following:
Breathalyzer and Blood Tests
DUI attorneys are well-versed in the science behind breathalyzer and blood alcohol tests. They can:
- Question the reliability and accuracy of the testing equipment
- Investigate whether the tests were administered correctly
Field Sobriety Tests
These subjective tests can often be challenged. A skilled attorney can:
- Argue that physical conditions or nervousness affected your performance
- Question the officer’s training and administration of the tests
Traffic Stop and Arrest Procedures
Your attorney will examine every factor of your initial stop and subsequent arrest to ensure the proper procedures were followed and your rights were not violated during the arrest.
Negotiating with Prosecutors
DUI attorneys often have established relationships with local prosecutors and understand their approach to DUI cases. This can be invaluable when it comes to negotiating a plea bargain or when trying to get the charges reduced. Your attorney can:
- Negotiate for a lesser charge, such as reckless driving
- Argue for reduced penalties or alternative sentencing options
- Secure a plea deal that minimizes the impact on your driving privileges or criminal record
In addition to criminal proceedings, a DUI charge often triggers an administrative process with the Department of Motor Vehicles (DMV) that can result in license suspension. A DUI attorney can:
- Represent you at DMV hearings
- Challenge the automatic suspension of your license
- Argue for limited driving privileges or the installation of an ignition interlock device instead of full suspension
If conviction seems likely, a DUI attorney can advocate for alternative sentencing options that may be less disruptive to your life. These might include:
- Alcohol education programs
- Community service
- House arrest or electronic monitoring
Your attorney will work to find the best possible solution that allows you to meet your legal obligations while minimizing the impact on your personal and professional life.
Protecting Your Future
A DUI conviction can have long-lasting consequences beyond the immediate legal penalties. An experienced attorney understands these potential impacts and works to protect your future by:
- Seeking options to keep the DUI off your permanent record
- Advising you on how to handle the DUI record in employment situations
- Guiding you through the process of expungement or record sealing, if applicable
Saving You Money
While hiring a DUI attorney does involve an upfront cost, it’s important to consider the potential long-term savings. A successful defense strategy can help you avoid:
- Hefty fines and court fees
- Increased insurance premiums
- Lost income due to jail time or a license suspension
- Future employment difficulties due to a criminal record
In many cases, the cost of hiring an attorney far outweighs any drawbacks.
Talk to an Experienced DUI Lawyer Now
Any DUI charge can be serious. That’s why you need to depend on the experience and help of a DUI lawyer. Make sure you’re covered when you’re facing DUI charges. Call a DUI attorney to get the legal guidance you need.