Posts Tagged ‘Driving Under the Influence’

The first thing you need to do after DWI in Arizona is install an interlock device in your vehicle. All the costs associated with installation will be borne by you because you are at fault for the DWI. The state of Arizona is working overtime to come up with stricter rules and regulations so that cases of DWI will continue to decrease. There are a number of things that you need to be aware of and schedule after DWI in Arizona. The following is a list of things you need to know and do:

Civil and Criminal Proceedings - When arrested for DWI in Arizona, you face civil and criminal proceedings. Since these two proceedings have no connection to each other, you can win your civil case but lose the criminal one, lose both or win both. The criminal proceedings deal with evaluation, probation, fines and jail time.

Role of the Officer - If you are suspected of a DWI in the state of Arizona, the officer can request urine, blood and breathalyzer tests. You are given the legal right to refuse these tests but, if you do so, there is a strong possibility that your driving license is going to be automatically suspended for a period of one year. If you give them a hard time, the officer can easily get a search warrant for the tests anyway.

If the tests come to the conclusion that your Blood Alcohol Concentration level was .08% or more, your license will be seized on the spot. If you are not a resident of Arizona, the officer cannot seize your driving license.

Requesting a Hearing - To request a hearing in the state of Arizona, you need to write directly to the Motor Vehicles Department. For the hearing, you need to submit the pink copy of your driving license suspension form. Make sure that you fill out all the details correctly and send it directly to the Arizona Department of Transportation.

If you are found guilty in the criminal case, you will be punished on the basis of Arizona DWI sentencing guidelines. After getting the verdict notification, the state will suspend your driving license for at least three months. However, if it is your first DWI offense and you have given full cooperation to the officer in conducting various tests, your driving license may not be suspended.

Arraignment - the arraignment is basically a ticket date, about one to two months after your arrest. You do not need to appear in the court if you are not on bond and have an attorney. Talk to an attorney in order to understand arraignment.

Pre-trial Conference - It is the responsibility of your attorney to discuss your case with the district attorney and come up with the best possible negotiating deal. The pre-trial conference will take place one month after arraignment. Normally, you need to participate in three or four pre trial hearings.

Suppression Hearing - If your legal rights have been violated, the court can suppress some of the evidence against you. For that to happen, your attorney needs to file the proper motions. The suppression hearing will take place three months after the initial pre-trial conference.

California has implemented and formulated certain laws pertaining to driving under the influence of alcohol or drugs. The following information is related to laws and penalties for DWI/DUI in California.

California DWI/DUI Laws

• Any person driving under the influence of alcohol or drug is against the law
• Any person having 0.08% or more, by weight, of alcohol in the blood is not liable to drive
• The state of California forbids driving for any person driving under the influence of any kind of illicit drug or alcohol
• Any person having 0.04% or more by weight of alcohol in the blood cannot drive a commercial vehicle in the state of California

California Secretary of State and Driving Laws

• Section 23152 of CA law says if a person is under the direct or combined influence of any alcoholic beverage or drug, they are not permitted to drive in the state.
• If 0.08% of alcohol is found in the blood of a person while doing a chemical test within three hours of driving, that person is not allowed to drive any vehicle
• If a person is participating in a narcotic treatment program, they can drive a vehicle if permitted by the Secretary of State of California

DWI Penalties in California

Penalties for drunk driving are incredibly complex in the state of California. If you have a conviction for driving with a BAC of 0.08% or more within the past ten years, you will bear a minimum jail sentence. Two or three priors within the last ten years will result in felony charges and state prison time. If the blood alcohol content in your body is 0.15% or higher, the state of California imposes a longer sentence. Also, if you refuse the chemical testing, you are subject to an increased jail term as per the administrative suspension for refusal.

Driving in excess of a specified speed or recklessly with a BAC measuring .08% or more leaves you subject to punishable laws. The state of California may impose enhancement of the punishment depending on the seriousness of the situation.

If you are under the influence of alcohol or drugs and have a minor passenger under the age of fourteen in the vehicle, California imposes increased penalties for the person.

The state of California also imposes stricter laws in case of injuries or accidents caused by a person driving under the influence of alcohol or drugs. The existence of property damage or personal injury may trigger to a more serious sentence. Also there are jurisdictions in the state that elevate the offense of personal injury to felony status.

According to recent research, there is a steady increase in the number of drunken driving deaths in US in the last three or four years. The main reason responsible for this increase is the lack of resources in handling drunk drivers. Complacency is also a big factor in this regard. More than 350 people get killed in US every week in fully preventable crashes.

Disturbing New Trend

If media reports are to be believed, there is a disturbing new trend taking place in US. More and more women are being arrested for drunk driving. Around thirty percent of young women are involved in binge drinking. According to experts, as women have started making its presence felt in the jobs that were previously handled by men, they have also started following entertainment patterns of men and therefore more cases of drunk driving. Non profit organizations through out US are running campaigns to educate working women of dangers of drunk driving. While both men and women suffer from health related issues due to alcohol abuse, the nature of health complications faced are completely different.

State Wide Impaired Driving Enforcement Campaign

Majority of US states are conducting state wide impaired driving enforcement campaign. This is important because impaired driving is the main cause of criminal deaths in United States. The significant thing about these campaigns is that it gives people all the latest information regarding modification in DWI laws. Being aware of DWI laws, you can manage your lifestyle in a much better way. DWI laws in US are quite strict. Not only your driving license can be suspended, heavy financial penalty can also be imposed on you.


Recent study has come to the conclusion that alcohol is the root cause of nearly 35 per cent of all accident cases. This is shocking figure for something that can be controlled, provided you are willing to take initiative. For the success of state wide impaired driving enforcement campaign, government is advertising heavily in both print and electronic media.

Making punishment stricter

There are number of experts who feel that US government should do something with regard to drunken driving punishments. Making punishment stricter is advocated by law enforcement officers. Rather than focusing on financial penalties, suspending driving license for an extended period and increasing jail time is a much better option according to law enforcement officers. At present, getting bail for drunken driving accidents is relatively easy. According to experts, US government need to do something in this regard as getting bail almost immediately after arrest nullify the whole exercise of reducing drunk driving cases.