I received this from a good friend today. Some shocking stuff:
I went to an unique & very informative presentation this morning regarding DUI's and the new Arizona laws. At the presentation we heard from two highway patrol officers, a prominent DUI attorney and then a public relations firm. The police officers went through the new punishments and BAC (blood alcohol content) thresholds that were just passed. They also demonstrated to a sober person what happens when you do get pulled over for a DUI (the “example who is a prominent and well known person” failed when sober).
My assessment is the new DUI rules have significantly changed the risk reward decision about drinking a few drinks and then driving. The main changes is they have significantly lowered the BAC (blood alcohol content) thresholds. I used to think that it was no problem to have a couple of drinks with dinner and then drive home. The new lower BAC are now so low that someone who is a good citizen and just has two drinks has a lot of risk.
The thresholds and punishments for first time DUI offenses are as follows (second time offenses are drastically worse):
Standard DUI: BAC over 0.08 (three drinks for most men and two drinks for most women)
Mandatory jail time of 10 days - No plea bargaining (second offense - 30 to 90 days)
Mandatory suspension of driver's license for 90 days (second offense - one year)
Mandatory installation of ignition interlock device in car for one year (Cost: $1,000 plus $100 per month)
Court fees - $1,500 (second offense - $3,000), points, increased insurance, attorney fees, etc.
Extreme DUI: BAC over 0.15
Mandatory jail time of 30 days - No plea bargaining (second offense - 60 to 120 days)
Mandatory suspension of driver's license for 90 days (second offense - one year)
Mandatory installation of ignition interlock device in car for one year (Cost: $1,000 plus $100 per month)
Mandatory alcohol monitoring - 30 days (second offense - 90 days plus 30 days of community service)
Mandatory vehicle impoundment - 30 days
Court fees - $2,500 (second offense - $5,000), points, increased insurance, attorney fees, etc.
Super Extreme DUI: BAC over 0.20
Mandatory jail time of 45 days - No plea bargaining (second offense - 180 days)
Mandatory suspension of driver's license for 90 days (second offense - one year)
Mandatory installation of ignition interlock device in car for 18 to 24 months (Cost: $1,000 plus $100 per month)
Mandatory alcohol monitoring - 30 days (second offense - 90 days plus 30 days of community service)
Mandatory vehicle impoundment - 30 days
Probation - 0 to 1 year (second offense - 0 to 5 years)
Court fees - $3,000 (second offense - $6,000), points, increased insurance, attorney fees, etc.
Felony DUI - 0.08 or above but with a MINOR in the car less than 16 years old
Felony charge
Mandatory jail time of 30 days - No plea bargaining
Suspended driver's license for three years
Ignition interlock device - Installed in car for 18 months or possible loss of car ($1,000 plus $100 per month)
Fees (up to $150,000), points, increased insurance, attorney fees, etc.
Possible probation for up to 5 years
Note: If a person under 21 is pulled over and they have had ANY alcohol (even the day before they turn 21), they would be subject to the above rules plus will loose their drivers license for a minimum of two years with no plea bargain available and it will be on their record for 7 years.
Here is the even scarier part - it does not take that much to blow an 0.08! The following is a chart for the BAC of a person after eating food:
Men 80 lbs 100 lbs 120 lbs 140 lbs 160 lbs 180 lbs 200 lbs 220 lbs
1 drinks 0.05 0.04 0.03 0.03 0.02 0.02 0.02 0.02
2 drinks 0.06 0.08 0.06 0.06 0.05 0.04 0.04 0.04
3 drinks 0.15 0.12 0.10 0.08 0.07 0.06 0.06 0.05
4 drinks 0.19 0.16 0.13 0.11 0.10 0.09 0.08 0.07
5 drinks 0.24 0.19 0.16 0.13 0.12 0.11 0.10 0.09
Women 80 lbs 100 lbs 120 lbs 140 lbs 160 lbs 180 lbs 200 lbs 220 lbs
1 drinks 0.06 0.05 0.04 0.03 0.03 0.03 0.02 0.02
2 drinks 0.12 0.09 0.08 0.07 0.06 0.05 0.05 0.04
3 drinks 0.18 0.14 0.12 0.10 0.09 0.08 0.07 0.07
4 drinks 0.24 0.19 0.16 0.14 0.12 0.11 0.10 0.09
5 drinks 0.30 0.24 0.20 0.17 0.15 0.13 0.12 0.11
Other facts:
This BAC is not affected by whether a person can handle alcohol. It is a chemical formula based on your blood content, not how you act.
A person can get a DUI with lower than 0.08 BAC if they fail the field sobriety test
The BAC is at it highest 2 hours after the last drink is taken. The BAC will not start going down until 2 hours after the last drink (i.e. stalling at the police station will probably not help).
The police officer said that they are starting to see a very high incidence of woman DUI after social lunches.
The most common infraction people are pulled over for, especially at night, is the wide left or right turn
When the police department has a DUI task force in place in an area, they will basically pull everyone over that is driving through the area (i.e. regardless of whether a driver did something wrong). If they do not smell alcohol on your breath, they will give the driver a verbal warning. If they smell alcohol, they will say you were weaving.
Here is the advice from the DUI defense lawyer (besides don't drive even after you drink).If you are ever pulled over and the officer asks you to get out of the car, there is a 90 to 95% chance you will be arrested unless you have had nothing to drink. The premise is he would not have asked you to get out of the car unless he suspected you were drinking or on drugs. The main purpose of the field sobriety test and the questioning (every question) is designed to gain evidence on you that you were "even slightly impaired". As an example, you could fail the field sobriety test, go to the substation and blow a 0.06 and still get a DUI because they have proved that you were slightly impaired. The field sobriety test is very very difficult to pass even with no drinks. In addition it is a subjective test and no one knows, except the police officer, what really happened.
Here are the guidelines the lawyer gave us in the event you have been drinking and are pulled over.
One to two drinks (200 pound male)
Politely say, "No, I do not know". Give the officer your DL, registration and proof of insurance.
If the officer then asks you to get out of the car, politely tell the officer that you do not want to answer any more questions or do a field sobriety test until you have talked with a lawyer.
The officer will probably get upset and ask you many other trick questions and comments. Stay polite and firm (you are protected by the constitution to not speak and you not speaking cannot be used against you in court).
The police officer will then handcuff you and take you to the police substation.
Three or more drinks
There is a 99% chance that you will probably be going to a police substation for a blood or breath test. It is almost impossible to pass the field sobriety test after drinking three or more drinks (again, you might still be below 0.08 BAC).
Politely decline to answer any questions including "do you know why I pulled you over?". Your response should be that you want to speak to your lawyer before you answer any questions.
Stay polite and firm.
You should give the officer your drivers license, registration and proof of insurance card.
The police officer will then handcuff you and take you to the police substation.
When you get to the police substation, they will take away your cell phone and put you into a room with a phone and a yellow page book.
Do not take a breath, blood or urine test until talking with the lawyer.
You should then find a 24 hour lawyer from the yellow page book. You will probably get an answering service who will tell you that the lawyer will be calling you back shortly. You would tell the police offer that fact.
You would then follow the advice of the lawyer which will probably be to then take the test but not answer any questions or do any agility tests.
If they tell you that they are going to get a warrant, you should then submit to the blood test because the penalties are increased.
Ask to be released to obtain an independent blood test at a hospital. It probably will not help you defense but at least you probably will not spend that night in jail.
The world is changing!!!!!!!!!!!The message they are sending me is to not drink and drive, have a designated driver or take a taxi home if you have been drinking (regardless of how far you are from home). Also, never have even one drink if you will be driving with a person under 16 years old in your car.
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