DUI Task Forces will be out in full swing over Memorial Day weekend

by Aaron Black • May 24, 2018
Memorial DayMemorial Day is typically the unofficial start of summer. Full of family gathering, perhaps boating and overall partying, the holiday weekend is a great way to shed the winter blues and welcome the unofficial start of summer in Maricopa County.

With all the excitement of a three day weekend, in a flash, you can find yourself behind bars for driving under the influence as DUI task forces will be out and in full swing.

Whether you are behind the wheel of an automobile or operating a watercraft while intoxicated, the penalties for a DUI in Arizona are the harshest in that nation and they are enforced.

From mandatory jail time for a first time DUI to fines, license suspension, and the ignition interlock device, a DUI has long-term consequences.

In addition to the penalties for being convicted of a DUI, depending on your job you could face job loss, and then there’s the personal level of consequences such as losing respect from family and friends. In short, one bad choice can affect your life forever.

1st Time Misdemeanor Driving Under the Influence (under .15 BAC)

  • Minimum jail 10 days in jail, but nine may be suspended
     
  • Maximum Jail – 6 months
     
  • Fines:
$250 Fine
$210 Surcharge
$500 Prison Fund
$500 Public Safety Equip. Fund
$20 Time Pay Fee
$20 Probation Fee
  • 90-day License Suspension
     
  • Possible Probation up to 5 years
     
  • Alcohol / Drug Screening & Classes
     
  • Possible community service
     
  • Pay for jail incarceration
     
  • Possible monthly probation fees
     
  • Possible SR22 insurance
     
  • 1-year Ignition interlock (6 months beginning January 1, 2012)
An easy solution to avoiding a DUI in Maricopa County is utilizing a ride share program such as Uber or Lyft. Of course, you can also hail a taxi, designate a driver or celebrate the holiday at home.

The outcome of your holiday weekend is in your hands and the Police will be in full force deciding your fate should you choose to drink and drive.

Detecting drunk drivers

In addition to sobriety checkpoints, the police look for approximately 20 different signs of impaired driving in addition to many other civil driving infractions when patrolling for drunk drivers. From someone turning out of the parking lot without signaling, to a cracked windshield, or a burnt out license plate light, the police need to see a traffic violation before they can pull you over and they will pull you over.

Below is a list of factors, in order of probability, that police use to determine if a person is driving while impaired at night. The list is based on research conducted by the National Highway Traffic Safety Administration (NHTSA).
  • Making wide radius turns
     
  • Straddling the center of the lane marker
     
  • "Appearing to be drunk"
     
  • Coming close to striking an object
     
  • Weaving
     
  • Driving on other than designated highway
     
  • Swerving
     
  • Motorist speed is more than 10 mph below the speed limit
     
  • Stopping for no apparent reason in traffic
     
  • Following cars to closely
     
  • Drifting
     
  • Tires are riding on lane marker
     
  • Erratic braking
     
  • Driving into oncoming traffic
     
  • Signaling Inconsistently
     
  • Slow response to traffic signals
     
  • Stopping inappropriately 
     
  • Turning abruptly or illegally
     
  • Accelerating or Decelerating your vehicle rapidly
     
  • Driving without your headlights on
     

What should I do if I get pulled over for a DUI in Maricopa County?

If you are pulled over for a DUI, the first thing you should know is that you have a right to remain silent and yes anything you say may be held against you in court.
  • Immediately ask for an Attorney
     
  • Invoke your Fifth Amendment right to remain silent. Remember that anything you say may be held against you and incriminating evidence can be used against you should your case go to trial.
     

Can I refuse the preliminary breath test?

If you are pulled over for suspicion of a DUI in Maricopa County over Memorial Day, the police will ask you to blow into a Preliminary Breath Test (PBT). The PBT is used to determine if the police have probable cause to arrest you for a DUI and it is not admissible in court.

Although popular belief is that your license will be suspended if you refuse the PBT, this is not the case.

Possible DUI Defenses

There are many DUI Defenses that can be taken to achieve the best possible outcome. From analyzing the evidence during the initial stop to the moment you arrive in jail, making sure that every aspect of your constitutional rights are followed is key to help defend you against the charges.

Of course there are other factors to consider such as any medical conditions for example diabetes or neurological problems that can cause slurred speech.

In addition to the DUI defenses listed below you can also check out the "7 common DUI defenses" on AVVO.
  • There was no probable cause to arrest you
     
  • You weren’t physically in control of the vehicle
     
  • There was no reasonable suspicion to stop you
     
  • You were denied your right to counsel by the police
     
  • Blood Alcohol Concentration (BAC) was below a .08% at the time of driving
     
  • Your Miranda Rights were violated
     
  • An Illegal blood draw was performed
     
  • The blood draw was contaminated
     
  • The police reports were misleading
     

Legal help is available 24/7, 365 days a year

Although it’s a holiday weekend for most the Law Office of Aaron Black will be available should you find yourself in need of an experienced DUI Defense Attorney. My primary focus is to obtain favorable results for my clients. In fact, many of my clients' cases result in dismissals, not guilty verdicts, no jail time, or substantially reduced charges.

Representing clients in all Arizona City, State, and Federal Courts and I personally defend every one of my clients by taking on a limited number of clients at a time.

If you are stopped for DUI over Memorial Day weekend contact Maricopa County DUI Defense Attorney Aaron Back for a free case evaluation at (480)729-1683.


 

About the Author

Aaron Black is the founder and sole attorney of the Law Office of Aaron Black. Located in Phoenix, Arizona, his DUI and criminal defense law firm provides legal services to people who have received felony or misdemeanor charges from the state.

Aaron has developed a strong interest in defending people who have been arrested and received criminal charges for driving under the influence. With his professionalism and knowledge of Arizona DUI and criminal law, he has acted as a check and balance on the police, prosecution and courts and has protected a great number of his clients from excessive and unfair sentencing.

Along with DUI defense, Aaron handles a range of other criminal matters, including aggravated assault, burglary, domestic violence, drug possession, drug trafficking, fraud defense, insurance fraud, sex crimes and white-collar crime.

After graduating college in 2003 from the University of Arizona, Aaron decided to pursue a law degree. He followed a family long tradition and went to the University of South Dakota School of Law where he pursued his goal of becoming a criminal defense lawyer.

After passing the Arizona and South Dakota bar exams, Aaron joined the Maricopa County Office of the Public Defender where he defended hundreds of people charged with serious criminal offenses. His work as a public defender helped him sharpen his litigation skills and gave him a unique insight into the Arizona criminal justice system.

Over the course of his 15-year legal career, Aaron has spent a considerable amount of time in both Arizona justice, municipal, state and federal courts. He has argued over 50 jury trials, tried over 100 bench trials and has become one of the highest-rated criminal and DUI defense attorneys in Phoenix and the surrounding areas. He has received a 10/10 rating from the legal directory Avvo because of his legal background and successful case record. Since 2014, he has received the Super Lawyer rating for his work as a Phoenix DUI and criminal defense attorney.

You can review Aaron’s Attorney Bio page for more information about his background, education and experience as a Phoenix DUI and criminal defense attorney.
 
In light of the Coronavirus pandemic, I wanted to inform clients and potential clients I am still available for consultations. I am always available by phone, text and/or email. We can also use Facetime for social distancing. The criminal justice system is not stopping due to COVID-19.

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