Scottsdale’s DUI Enforcement Patrolling on Halloween 2022

by Aaron M. Black • October 21, 2022

The scary part of the Halloween holiday in Scottsdale’s jurisdiction is the danger of becoming an impaired driving statistic.

Bartender at Halloween Pub Crawl

The pub crawling events in the city are meant to be fun with costumes and drink tickets moving from one venue to another. A giant block party attracting hundreds of people from around the city, as well as Halloween celebrators who do not have a Scottsdale address.

Scottsdale, in cooperation with other municipalities and Maricopa County, will again work to “deter, detect, and remove” drivers who are impaired by alcohol, marijuana and other drugs.

Because Halloween 2022 falls on a Monday, the celebrations begin on the weekend prior. So Police enforcement efforts will be used on the weekend and on Halloween itself.
 

This may not be known to many revelers, but renting an electric scooter and riding while impaired is just as serious of a DUI offense as driving a traditional motorized conveyance.


And then there are pedestrians who may not be in possession of all their faculties who might step in front of a moving car. Also, Trick or Treaters are young and excited and are not paying sufficient attention to traffic in intersections of residential neighborhoods.

Trick or Treaters

Authorities made more DUI arrests on Halloween in 2021 than in 2019 and 2020 combined, reported KTAR radio citing the Arizona Governor’s Office of Highway Safety. Halloween fell on a Sunday and during that Friday through Sunday period officers arrested 404 people. Of those arrests 72 were for extreme DUI with a blood-alcohol content (BAC) of 0.15 percent or higher than twice the legal limit of 0.08 percent.

Scottsdale police’s DUI enforcement plans

DUI Checkpoint SignRolling stops: Scottsdale police will be stepping up roadway patrols making rolling stops of drivers who are suspected of impaired driving. Rolling stops happen every day, but on Halloween and other holidays, the number of officers and patrol cars are significantly increased.

An officer must have a probable cause or a reasonable suspicion, which is more than just a hunch, to make a traffic stop. This criteria is as mundane as a failing to signal to make a turn and as worrisome as weaving across the lane line.

At these stops the driver will be asked to submit to a field sobriety test. Drivers who refuse to perform the tests will have their license suspended.

Sobriety checkpoints: Another method is guiding traffic into a checkpoint at which officers randomly detain vehicles so they can judge the driver’s condition, such as detecting alcohol on the driver’s breath, and looking into the vehicle hunting for an open container of beer or the smell of marijuana. These checkpoints often surprise motorists, so if a car abruptly reverses its direction to avoid the checkpoint, the authorities are ready for that. They post an unseen waiting squad car to stop that vehicle. The fact that the driver attempted to avoid the checkpoint gives authorities the reasonable suspicion to make the traffic stop.

These checkpoints do not violate the U.S. Constitution’s Fourth Amendment protecting us from illegal searches and seizures of property. The U.S. Supreme Court in 1990 ruled in a 6-3 decision that sobriety checkpoints are legal because officers are randomly stopping vehicles. Most vehicles entering the checkpoint are waived through. There is no specific pattern in which vehicles are detained.

DUI punishments for a first offense in Arizona

Arizona has a long standing impaired driving policy of no tolerance and punishments are strict. A first-time DUI is a Class 1 misdemeanor conviction and is punished by a maximum of six months and a minimum of 10 days in jail. However, the time in custody can be as short as one day with the other nine days suspended. Home detention may be possible after serving one day in jail. A convicted defendant must pay for and successfully finish an alcohol abuse class.

The court will order that ‘all vehicles available to the defendant’ be fitted with a device that prevents the engine from starting if the device detects alcohol on the driver’s breath, for one year, which can be reduced to six months if the driver does not test positive. The DUI defendant must pay to lease the device.

The financial burden can be expensive with fines and surcharges totaling $1,510.50 which includes $500 for public safety equipment and another $500 payable to Arizona’s prison fund. Payment for incarceration can be reduced or eliminated by the court.

A first-time class 1 misdemeanor DUI conviction also requires the license to drive be suspended for 30 days, followed by a restricted license for traveling to work or school for 60 days before the license can be reinstated at the defendant’s expense. A conviction adds eight points against the license and buying SR-22 (safety responsibility) insurance which is a certificate to prove that the defendant has auto insurance. Note, too, that a first-time DUI will make auto insurance much more expensive.

The court may require the defendant to serve community restitution, and may order a term of probation for up to five years, and paying probation fees is a possibility.

Punishments are significantly increased for repeating DUI offenders and impaired drivers who are charged with a felony DUI face prison if convicted.
 
 

For DUI Defense Use Aaron M. Black Law

Should you or a loved be arrested for a DUI offense on the weekend before and the day of celebrating Halloween it is imperative that you be promptly represented by an experienced DUI defense attorney such as myself. In my long career as an aggressive DUI defense attorney, I know that good people can make a mistake and find themselves in legal trouble. That is why I work hard to build the best DUI defense possible and provide support and encouragement.

I will scrutinize the state’s evidence for errors, omissions and the personnel records of the arresting officer looking for inconsistencies and errors. I also will work to develop information and evidence that is favorable to your case.

At Aaron M. Black Law you will receive personalized legal services. You will always be talking directly to me, never an assistant, at every step of your case.

Begin your DUI defense immediately by calling 480-729-1683, which is available 24/7, and I will respond promptly unless I am in court on at trial. Or use the online contact form on my website.

I defend DUI charges throughout Arizona, including Maricopa, Pinal, Yavapai, and Coconino County Superior Courts.
 

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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