Attempting to Escape a DUI

If you are caught by law enforcement driving under the influence (DUI) in the state of Arizona, you may face charges of a misdemeanor up to a felony, depending on if anyone was hurt in an accident, or if you have been charged for a DUI before. However, if you attempt to escape a DUI by outrunning the police, you may be arrested and charged with a class 5 felony.

Arizona’s Unlawful Flight Statute

The state of Arizona has strict laws governing driving under the influence of drugs or alcohol. However, the penalties are even harsher and compounded if a person decides to outrun the police and evade a DUI. If caught, a driver who “willfully flees” or tries to outrun or elude a law enforcement vehicle with flashing lights, a siren blaring, or visible within 500 feet will be guilty of a class 5 felony under Arizona law, along with additional charges such as a DUI, reckless driving, or speeding.

If the driver attempting to outrun the police causes an accident that leads to an injury or death or even endangers any person as he or she is “willfully fleeing,” additional more severe charges can be brought.

Charges for “Willful Fleeing”

The felony charge for unlawful flight in the state of Arizona for first-time offenders depends on the severity of the actions and pursuit that was involved. The five levels of seriousness, as determined by Arizona law from least to most severe, are mitigated, minimum, presumptive, maximum, and aggravated.

The first-offense of a class 5 felony, which can be charged for “willful fleeing” can include a penalty of zero days in jail up to one full year in jail, or prison of six months to two and a half years. If that person has even one other prior conviction, then a prison sentence will be from one year to three and three quarters of a year. If the person has two prior convictions, then the prison sentence will be from three years to seven and a half years.

Defenses for Unlawful Flight

The most common defense that exists to unlawful flight from a police officer is that the driver simply had a “lack of knowledge” that law enforcement was attempting to stop him or her, and did not notice the policer presence. Because this law requires that a driver “willfully” fled from the police, the prosecution will have to prove that the driver was aware that the police officers were following him or her, and then refused to pull over. Loud music, or looking straight ahead are possible defenses to this charge.

The other commonly used defense is “mistake of fact.” This defense admits that the driver saw the police officers, but thought that they were in pursuit of a different driver.

The final defense is that the driver knew that the police officers wanted to pull him/her over, and was simply waiting and looking for a safe space to pull over. As the driver was attempting to find a safe space, the police officers made an incorrect determination that the driver was attempting to willfully flee from law enforcement.

Contact an Experienced Criminal Defense Lawyer Today

Willfully fleeing from the police can mean a class 5 felony offense conviction, along with other criminal charges. Arja Shah is an experienced criminal defense lawyer in Phoenix, AZ. Learn your legal options and have strong representation by your side in your criminal case. Contact us today by calling (602) 888-0369 or by sending a message through the firm’s request form today.

4 Things you Need to Avoid If Convicted for DUI

Nobody wants to get convicted in case of DUI, that too in Arizona- a state well-known for the strict rules and penalties for DUI and other traffic violations. Previously we discussed some points that might help you in case of a DUI conviction; however, it’s always beneficial to know some of the things that could be avoided to stay away from the hefty penalties.

Even if you are charged with DUI, never forego the right to request of an administrative license hearing. In Arizona, it is known as MVD (Motor Vehicle Department). MVD is completely a separate hearing from the criminal hearing and only deals with the driving rights as well as license.

• It is very unwise to refuse a chemical test; it is illegal to refuse a chemical test if you are in Arizona. Generally, there are three types of chemical tests:

1. Blood,
2. Breath, and
3. Urine.

• The cases involving alcohol, conduct mandatory breath tests, and lawfully, the individual has to take a test after a lawful arrest.

• The worst that anyone can do is to flee from the cops, whenever you notice a sobriety checkpoint. The nervousness and the anxiety can compel the individual to run from the scene, and this can result in the additional worst criminal charges.

• Admitting a crime, even if you are innocent, can go horribly wrong. It is always advisable not to admit the fault if you are innocent in the event of DUI. One of the greatest reliefs is the benefit of remaining silent.

Apart from these cautions, hiring an experienced DUI attorney- Arja Shah; without wasting much time as they ensure that the entire case will be taken care of throughout the whole process.

4 Things you Need to Abide In DUI Conviction

Getting a DUI charge falls is considered as one of the pitfalls that each one tries to avoid; especially if you are a resident of Arizona. Arizona is an eminent state known for its strict DUI laws and regulations. However, there’s always one or the way, which acts as a savior; the same goes for DUI convictions. Here are a few things you could adopt in case you fall for a DUI convict.

• The individual convicted for DUI possesses the right to remain silent. Moreover, the law enforcement official is required to brief the individual regarding all the rights that fall under the law. Amongst all the rights, one is to remain silent as it’s a well-known fact that anything said without consulting a DUI attorney could also be used against that individual in the court. Hence, you can always contact an attorney before answering the questions.

• It’s always advisable to get familiar with the penalties in case of arrest. Although the conviction is not yet proven, there will be still some of the driving sanctions. The best way is to thoroughly know the rights as well as restrictions; so that additional penalties can be avoided.

• One of the most important aspects that should never be avoided is to timely show up in the court on all the required dates and hearings. Thus, failure to do so can result in additions in the penalties and if you are in doubt what to say or not while the court appearance.

• Apart from the legal matters, having a positive attitude and confidence can make help things fall in favor of you. Until the conviction is not proven, you are innocent, even if it seems that the evidence is stacked up in opposition.

Getting a sound DUI attorney can alter everything, making things better as well as falling in favor of you. Hence, consult Arja Shah Law Firm for a confident case with the help of representation strength and attorney’s knowledge.

Tough State That Has DUI Laws

Arizona has the toughest rules when it comes to drunk driving… Is it so?

 “As the last year was about to come to an end, Utah became the first state that reduced its blood alcohol content (BAC) level to .05 percent. Unlike other 49 states; including Arizona, who are still having the legal limit of .08 percent.”

The surprise element is what a dramatic change
did Utah brought that the limit dropped
drastically and became the state that has such
stern DUI laws as well as penalties in the whole
 nation.

The lesser-known fact that an individual can be charged with DUI even if they are “impaired to the slightest degree” it can also occur if the individual was under the influence of a combination of alcohol and drugs or liquor.

The stats from the new survey of 51 sets of DUI laws: Minnesota has the toughest drunk driving laws, which is followed by Utah and Arizona ranks 15th.

Moreover, this same survey uses 21 different metrics, which helps in ranking the laws as well as penalties, based on supplementary DUI laws including laws related to repeat offenses, alcohol exclusion laws and open containers.

As per the state’s records, the ranking
 is determined by that state’s record. 
There held approximately 468 DUI 
arrests per 1, 00,000 drivers in Arizona. 
On the contrary, the records say that 
Minnesota had 565 drunk driving 
arrests per 100K, and Georgia ranked 
the third state to have tough DUI laws 
with just 247 arrests.

Of course, for an individual who has been facing a DUI convict in Arizona, it hardly matters what could be the possible penalties in other states. A DUI convict; facing harsh penalties here and now needs immediate legal help in the form of an experienced and sound DUI attorney to protect the rights and privileges.

Arizona’s Blood Alcohol Content Test

Getting charged for DUI is a nightmare come true, especially in Arizona. It is a well-known fact that Arizona is tough on all those who are suspected of drinking and driving. A state that takes DUI cases very seriously as well as charges the convicted with harsh penalties; whether the charges are for the consumption of alcohol or drugs.

Arizona’s DUI penalties turn out to be harsher as the person’s blood content gets higher.

• In Arizona, .08 percent marks the legal limit of BAC (blood alcohol limit) above which the individual would be charged with DUI. Apart from this initial level, there exist higher BAC levels based on which the charges are imposed.

• Any individual, who has BAC of even .15 or above would fall under the category of an Extreme DUI charge.

• Furthermore, if BAC is of or more than .20 percent has to face the charges imposed under Super Extreme DUI charges.

The officials determine a person’s blood alcohol content on the basis of tests, as they accurately demonstrate the percentage of alcohol in the individual’s blood.

• Breathalyzer Tests

The breathalyzer tests are better known as BAC tests, and in case an officer asks to take a field breathalyzer test then it is likely to be placed as evidence against that individual in order to place him/her under arrest. In an attempt to avoid the arrest if the individual refuses the test, as per law the license would be immediately suspended for at least a year.

• Blood test

The blood test can also be done to know the level of intoxication, and the same can be done through the urine tests.

The best way to come out of this situation, where the individual has been arrested under the suspicion of driving and then driving is to hire a qualified as well as a skilled attorney who can vigorously defend the imposed charges. An experienced DUI lawyer works to poke the holes in the case to get the charges to reduce or dismissed that is obligated under suspicion.

Dealing with an Out-of-State DUI

DUI charge does not carry a good thing to your driving record. However, it can get worse if it occurs out-of-state. The individual would have to go through a lot in the course of facing license penalties in a homestay. Furthermore, if an individual already had a DUI or any other criminal convictions, then these penalties will just become more severe.

In each state, the blood alcohol concentration is the same- .08, and over this limit, one will be charged with DUI; however, each state has different ways of charging and proceeding with the DUI offense. The states have agreed on interstate driver’s license compact, which states that if an individual; belonging to state B is stopped and charged with DUI in state A, then the information regarding the DUI arrest will be sent to the DMV/ licensing agency in state B.

Once the information is sent and they find out about the DUI charge, then accordingly the penalties are imposed in the homestay and the individual has to deal with additional out-of state-criminal charge. 

Certainly, the state cannot take away the DUI charge occurred out-of-state, but they can impose punishments like jail and fines. In case the license of an individual is ceased, then contacting an attorney is the best way to get it back. Consulting DWI defense attorney in the case of out-of-state DUI charge will help with the proceeding of the case in favor.

The individual has to work together in order to decide and then hire a sound attorney that can defend you in the court so that the punishment is either reduced or diminished. 

A good DWI defense attorney comprises extensive knowledge of DUI as well as other traffic stops, which in turn helps you in building a successful strategy that reduces the charges.