Arizona DUI Lawyer & Attorney : Koplow & Patane Law Firm : Arizona DUI Defense

There is an alarming increase in the number of people being charged with boating DUI, also known as OUI (operating or in actual physical control of a motorized watercraft while intoxicated) in Arizona.  What is just as troubling is the lack of evidence that has been observed in many police reports for those people charged with OUI.  For example, many people are being charged with OUI based upon field sobriety tests performed on a swaying boat giving them no chance to pass.  These types of cases have been observed at:

• Lake Pleasant
• Bartlett Lake
• Saguaro Lake
• Lake Havasu

The Arizona State legislature has passed several changes to the boating DUI statute.  Those changes will take effect in the near future. However, the current version of the law can be found in A.R.S. 5-395.  Under the current law, before a person can be convicted of the crime of OUI (boating DUI), the prosecutor must prove the person operated or was in actual physical control of a motorized watercraft that was underway within this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, or drug, if the person is impaired to the slightest degree.                                                                                                                                                  
2. If the person has an alcohol concentration of 0.08 or more within two hours of operating or being in actual physical control of the motorized watercraft and the alcohol concentration results from alcohol consumed either before or while operating or being in actual physical control of the motorized watercraft.                                                                                                         
3. While there is any drug as defined in section 13-3401 or its metabolite in the person's body.  
4. If the motorized watercraft is a commercial motorized watercraft and the person has an alcohol concentration of 0.04 or more. 

Possible Boating OUI Defenses

Boating OUI cases have unique challenges and require specialized training to properly defend.  Here are some of the defenses that may be used in boating cases:

1. Illegal search and seizure violating the Fourth Amendment;
2. Field sobriety tests performed on wet, slippery and unstable surfaces (boats);
3. Falsely high blood or breath test results causing a person to be wrongfully charged with OUI, extreme OUI or super extreme OUI;
4. Detention of boaters without reasonable suspicion;
5. Use of outdated and uncalibrated breath testing machines.

The above list is merely a short sample of some of the potential defenses that may be used in an OUI case.

For Additional Information:

Lawrence Koplow is a former DUI and Vehicular crimes prosecutor.  He has extensive experience with boating DUI (OUI) cases and defenses. Lawrence uses what he learned as a prosecutor to defend people charged with boating OUI charges.  This unique experience helps him obtain the best possible results for his clients.

Contact Lawrence Koplow online or call him at his office at (602) 494-3444.  Mr. Koplow and his firm will be available to help you solve your legal problems.

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Luige del Puerto of the Arizona Capital Times is reporting that a proposed DUI Bill recently vetoed by Governor Janet Napolitano may have new life. The Arizona Capital times article states:

Lawmakers said they have found a way to revive a vetoed drinking-and-driving bill, minus the provision that prompted its rejection by the governor. The provisions of H2395 will be offered as a floor amendment to a House measure that deals with liquor licensing, lawmakers said. H2395 was vetoed by Gov. Janet Napolitano April 29.

This time, however, it doesn't include a provision that called for a six-month reduction of the interlock penalty for first-time offenders who met certain conditions. Napolitano has said the penalty reduction was the reason for her veto.

Sens. Linda Gray of Glendale and Jim Waring of Phoenix said the move has the support of House Speaker Jim Weiers and added they anticipate no problems for the amendment. The amendment would:

*Require the State Treasurer to deposit 5 percent of modified restaurant license fees into the DUI Abatement Fund.

*Increase penalties for operating a watercraft while intoxicated, bringing some parity between driving a motor vehicle and operating a watercraft.

*Fix a discrepancy in statute that arose from the passage of the DUI bills last year.

*Require DUI offenders to submit to alcohol screening, education and treatment before a suspended license will be returned.

*Expand the circumstances in which a police officer may serve a license-suspension order.

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There has been a lot of publicity regarding the new Arizona DUI laws. These new laws have created some of the toughest penalties in the nation. However, it appears that drinking and driving in Arizona could result in something worse than jail.

Mark Flatten of the East Valley Tribune is reporting that a man shot a hit-and-run suspect in Scottsdale, Arizona.

An attempt to block a fleeing hit-and-run suspect ended with a gunshot in Scottsdale Saturday.

Martin Ezekiel, 23, of Phoenix was arrested on charges of aggravated assault after he fired a shot into a truck that had been involved in an accident a short time earlier, wounding the passenger, according to Scottsdale police.

The truck driven by Adbul Muhammad, 28, of South Carolina, struck another vehicle about 1 a.m. Saturday in a Phoenix parking lot and left the scene, according to police reports. Ezekiel and Shawn Azzarello, 24, of Phoenix, witnessed the accident and followed Muhammad’s truck into Scottsdale, eventually blocking it in a parking lot at 15550 N. 78th St. When the truck backed toward Ezekiel’s vehicle, he fired a single shot, striking an unidentified passenger in the right forearm, according to police reports. Both vehicles then left the area but were later stopped by police.

Ezekiel was arrested on charges of aggravated assault, and Azzarello for DUI and drug possession. Muhammad was arrested for DUI.

The unidentified gunshot victim was taken to Scottsdale Healthcare Osborn. His wound was not considered life threatening.

I guess having to use an ignition interlock device is not as bad as being shot. Who knew that it could get worse for people suspected of DUI in Arizona?

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Lawrence Koplow is a founding member of Koplow & Patane. His criminal practice is dedicated and focused on DUI law and vehicular crimes defense. His clients have included police officers, firefighters and lawyers charged with DUI. Attorneys often consult with him to assist with their own DUI Clients.

He is a proud graduate of the University of Texas at Austin. He is also an active member of:

• The National Association of Criminal Defense Lawyers (NACDL)
• The State Bar of Arizona
• The American Bar Association
• The Arizona Attorneys for Criminal Justice

Lawrence is a former prosecutor with the Maricopa County Attorney’s Office. When he left the County Attorney’s Office, he was working in the Vehicular Crimes Unit. While in the vehicular Crimes Unit, Lawrence prosecuted:

• Felony and Misdemeanor DUI Cases
• Leaving the Scene of Injury Accidents Cases
• Vehicular Assault cases
• Vehicular Homicide cases

After leaving the prosecutor’s office. Lawrence worked in the in-house counsel group for Farmer’s Insurance, where he primarily handled the defense of automobile accident cases. This included defending civil lawsuits arising from DUI crimes.

Mr. Koplow subsequently co-founded the law firm of Koplow & Patane.  His practice is focused on the defense of impaired drivers charged with DUI and vehicular crimes. Now he uses what he learned as a prosecutor to benefit his clients. Lawrence frequently writes regarding emerging DUI issues and defenses. He also presents lectures on DUI defense strategies, DUI prevention and effective DUI investigations. Some of the people has conducted DUI seminars for include:

• The Chicago Cubs
• The Oakland Athletics
• The Arizona Association of Civll Defense Attorneys
• The Northern Arizona Police Department

He has also been a guest lecturer on KTAR Radio in Phoenix regarding DUI and Vehicular Crimes cases. 

For Additional Information:

Contact Lawrence Koplow online or call him at his office at (602) 494-3444.  Mr. Koplow and his firm will be available to help you solve your legal problems.

Locations

Lawrence and his firm practice in the following Arizona locations:

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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:

1. 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;
2. 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;
3. While there is any drug defined in section 13-3401 or its metabolite in the person's body;
4. 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.

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Aggravated DUI is one of the most serious vehicular crimes in Arizona.  The crime is codified in subsection 28-1383 of the Arizona Revised Statutes.  It is one of the few crimes that can require a mandatory prison term for first time felony offenders.

ELEMENTS OF AN AGGRAVATED DUI

Under Arizona law, a person is guilty of Aggravated DUI, sometimes known as felony DUI, if the person does any of the following:

1. Commits a violation of section 28-1381 (DUI), section 28-1382 (extreme DUI) or this section while the person's driver license or privilege to drive is suspended, canceled, revoked or refused or while a restriction is placed on the person's driver license or privilege to drive as a result of violating section 28-1381 or 28-1382 or under section 28-1385.
2. Within a period of eighty-four months commits a third or subsequent violation of section 28-1381 (DUI), section 28-1382 (extreme DUI) or this section or is convicted of a violation of section 28-1381, section 28-1382 or this section and has previously been convicted of any combination of convictions of section 28-1381, section 28-1382 or this section or acts in another jurisdiction that if committed in this state would be a violation of section 28-1381, section 28-1382 or this section.
3. While a person under fifteen years of age is in the vehicle, commits a violation of either the DUI or extreme DUI statutes
4. While the person is ordered by the court or required pursuant to section 28-3319 by the department to equip any motor vehicle the person operates with a certified ignition interlock device, does either of the following:

(a) While under arrest refuses to submit to any test chosen by a law enforcement officer pursuant to section 28-1321, subsection A.

(b) Commits a violation of section 28-1381 (DUI), or section 28-1382 (extreme DUI).

Aggravated DUI is a class 4 felony when the person is alleged to have committed a DUI while his license was suspended, revoked, canceled or restricted (including an ignition interlock).  It is also a class 4 felony when it is alleged that the person committed a third DUI within 84 months.  Moreover, Aggravated DUI is a class 6 felony when it is alleged that the person committed a DUI offense and there was a person under the age of 15 years old is in the automobile.  It is also a class 6 felony to have a requirement of an ignition interlock device and while under arrest refuse to submit to any test chosen by a law enforcement officer pursuant to Arizona's implied consent law.

 
PENALTIES FOR AGGRAVATED DUI

The penalties for an Aggravated DUI will vary depending on portion of the statute violated.  For class 4 felony DUI cases: "a person is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than four months in prison." The minimum prison term can be raised to eight months in certain circumstances.  The term of imprisonment will be followed by a term of probation.  However, it is important to remember that a judge is not required to sentence a person to these stated minimum terms.  While uncommon, a judge does have the discretion to sentence a person to a longer term of prison.

For the class 6 felony, prison is not mandatory.  However, a person will have to serve a term of jail.  The minimum term of jail will be based on the results of the person's blood alcohol concentration test.  Thus, the minimum term of jail will be either one day or ten days (soon to be increased by the legislature.) 

Beyond incarceration, there are several other penalties that come with an Aggravated DUI conviction.  Below is summary of a few of the potential penalties:

• Attend and complete alcohol or other drug screening, education or treatment from an approved facility;
• Revocation of the person's driving privileges;
• Require the person to equip any motor vehicle the person operates with a certified ignition interlock device;
• Order the motor vehicle owned and operated by the person at the time of the offense forfeited;
• Fine of not less than seven hundred and fifty dollars;
• Pay an additional financial assessments.

If you are charged with an Aggravated DUI offense 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.

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