Lawrence Koplow, Drunk Driving (DUI) Attorney / Lawyer, Arizona
Arizona DUI attorney Lawrence Koplow is a former DUI and Vehicular Crimes prosecutor. Lawrence uses what he learned as a prosecutor to help his clients charged with drunk driving crimes. His practice, which is located in the Phoenix / Scottsdale area, is focused on DUI defense.
Arizona law is unique when it comes to the crime of DUI. Thus, it is important to understand exactly what conduct is illegal in our State. Under the current law, it is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
- While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree;
- If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle;
- While there is any drug defined in section 13-3401 or its metabolite in the person's body;
- If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license as defined in section 28-3001 and the person has an alcohol concentration of 0.04 or more.
Under subsection one of the statute, it plainly states that a person has committed DUI when they are merely "impaired to the slightest degree" by alcohol. Thus, a person doe not have to be "drunk" to in violation of Arizona law.
The penalties for a first time Arizona DUI conviction are numerous. A conviction for a first offense DUI conviction is a class 1 misdemeanor. Consequently, the maximum jail sentence is six months; and the maximum fine is $2500. For most cases, the maximum penalties are very unlikely. On the other hand, the statute contains several other penalties. The following list outlines these potential penalties:
- Mandatory minimum jail term of 24 hours (1 day)
- Fine of not less than $250.00
- Driver's License Suspension
- Ignition Interlock Device
- May be ordered by a court to perform community restitution
- An assessment of 500.00 to the prison construction and operations fund
- An assessment of 500.00 to the state treasurer in the state general fund
- Court ordered alcohol screening, education or treatment program
A DUI conviction also results in 8 points on a person's driver license. The accumulation of these points will result in the the Motor Vehicle Division of the Department Transportation requiring the motorist to attend Traffic Survival School. As stated above, a person will also have their driver's license suspended. The suspension is for a period of 90 days. However, a restricted license may be available after the first 30 days of the suspension.
These cases are complex and the penalties are harsh. If you are facing a DUI charge then feel free to contact Lawrence Koplow online, or call him at his Phoenix / Scottsdale area office at (602) 494-3444 to discuss your legal options.