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Person Drinking & Driving

Consequences for Arizona DUI Conviction

Person Drinking & Driving

In Arizona, you may be charged with varying degrees of DUI offenses depending on the level of your blood alcohol content. These charges are categorized as follows:

Driving While Impaired to the Slightest Degree

This is a class 1 misdemeanor and codified in A.R.S. 28-1381(A)(1). This offense takes place if a driver is at all impaired. Though many believe that 0.08 is the legal blood alcohol concentration limit, they might be surprised to learn that an individual with a BAC lower than 0.08 can be charged with a DUI. Furthermore, an individual need not have consumed any alcohol, but might also be charged with a DUI impaired to the slightest degree if under the influence of some other substance. Persons guilty of this offense are subject to the following penalties: a minimum sentence of 10 days in jail, a minimum fine of $250, possible restitution, two additional fees of $500 each, and the installation of an ignition interlock device on the defendant’s vehicle. As far as DUI related offenses go, this charge is the most common and if you or someone you know is charged with a greater DUI offense, they will most likely be charged with this offense as well.

DUI Blood Alcohol Content (BAC) Above 0.08 Percent

Also a class 1 misdemeanor, A.R.S. 28-1381(A) states that an individual may be convicted of a DUI “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.” However, this offense is not limited to these circumstances, as this statute provides that an individual may be convicted of DUI if the defendant is driving while under the influence of any intoxicating liquor, drug, or vapor releasing substance; or if the vehicle driven at the time of the offense requires a commercial driver’s license and that driver’s BAC is above 0.04. Persons guilty of this offense are subject to a minimum sentence of 10 days in jail, a fine of $250, community restitution, two additional fees of $500 each, and the installation of an ignition interlock device.

Arizona Extreme DUI

Also a class 1 misdemeanor, this offense is codified in A.R.S. 28-1382 which states, “It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows 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: (1) 0.15 or more but less than 0.20 (2) 0.20 or more.” Persons guilty of this offense are subject to the following penalties: a minimum jail sentence of 30 days, a fine of $250, an additional fee of $250, payment of restitution, installation of an ignition interlock device, and an additional fee of $1,000.

Arizona Aggravated / Felony DUI

Codified in A.R.S. 28-1383, this offense is classified as either a class 4 or class 6 felony, depending on the elements of the offense. This statute states “A. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following: 1. Commits a violation of section 28-1381, section 28-1382, 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 84 months commits a third or subsequent violation of section 28-1381, section 28-1382, 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 15 years of age is in the vehicle, commits a violation of either: (a) Section 28-1381. (b) Section 28-1382. 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, commits a violation of section 28-1381, section 28-1382, or this section.” Persons convicted of this offense are subject to the following penalties: a minimum sentence of 4 months in the Arizona Department of Correction, a maximum jail time of 2.5 years, mandatory drug/alcohol screening and any applicable counseling, a minimum fine of $750, an additional fee of $250, an additional fee of $1500, a three-year license revocation, and the installation of an ignition interlock device.

Further Information About Arizona DUIs

If an additional offense is committed within a specific time period of the original offense, any sentences, fees, or other penalties will become significantly greater. For instance, if someone who has been convicted of either DUI above 0.08 or DUI to the slightest degree is convicted of a second offense within a period of 84 months of the original offense, the defendant is subject to a minimum sentence of 120 days in jail, a fine of $250, 30 hours of community restitution, a revocation of driving privileges for at least one year, and two additional fees of $1,250 each.

Arizona DUI Representation

If you’ve been charged with DUI in Flagstaff, Arizona, take a moment to speak with experienced trial lawyers Gonzales & Poirier about your case. Our no-obligation consultation will help you to determine your legal situation and the possible consequences if convicted to the full extent of the law. Our lawyers aggressively negotiate with prosecutors; fighting to get your charges reduced or dismissed altogether. Please call (855) 774-5400 or click here to schedule a meeting today.

Caution Wet Floor Warning

Arizona Premises Slip & Fall Accident Personal Injury Help

Caution Wet Floor Warning

Slip and fall, also referred to as trip and fall, accidents often occur because a property owner has failed to maintain his or her premises to the standard required by law. These failures can lead to serious and permanent personal injuries, including broken bones, joint injuries, neck and back injuries, plus an array of other injuries throughout the body.

Most Common Types of Slip & Fall Accidents in Arizona

Like all accidents, slip and falls happen at a moment’s notice and in every different place; at all times of day. Some of the most popular venues or locations where slipping and falling accidents take place include the following:

  • At your place of work
  • Sports arenas and stadiums
  • Retail stores
  • Ice covered steps or sidewalks
  • In a place of business
  • Inside someone’s home
  • Densely crowded public places
  • Concert halls and music festivals

Why Hire Gonzales & Poirier for My Slip & Fall Case?

At the Law Offices of Gonzales & Poirier, PLLC, we have a great deal of experience working with slip and fall (trip and fall) accidents that occur in a variety of locations, including stairwells, parking lots, restaurants, shopping centers, sidewalks, general stores, and many more. To speak with an attorney about your personal injury case, please contact our law firm today.

Arizona Negligent Homicide Charge Penalties

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Scales of Justice Statue

You can be convicted of negligent homicide if you are found to have caused the death of another person through criminal negligence; this includes an unborn child. It is a Class 4 felony and can be punished by up to three years in prison.

Is Vehicular Manslaughter a Form of Negligent Homicide?

Vehicular manslaughter can also be classified as a form of negligent homicide as it involves causing death through reckless conduct. This is a Class 2 felony with a five- to 10-year jail term for the usual punishment, though it can rise to 12.5 years in some cases.

Arizona Negligent Homicide Information

According to Arizona State Legislator, negligent homicide can be classified as the following:

  1. When an individual is responsible for the death of another, including an unborn infant, due to criminal negligence.

If committed of the negligent homicide of an unborn child, one will not be prosecuted if the following applies:

  • An abortion with the consent of the woman carrying the baby or a person authorized by law to act on the pregnant woman’s behalf.
  • Medical treatment was being performed on the woman carrying the baby or the unborn infant.
  • The individual was the unborn infant’s mother.
Man Charged with Aggravated Assault

Arizona Aggravated Assault Charge Penalties

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Man Charged with Aggravated Assault

Aggravated assault can also be known as battery in some states and it is a serious offense that is classified as a Class 3 or Class 4 felony.

In Arizona, What Causes an Elevated Aggravated Assault Charge?

There are many circumstances that can cause a regular assault charge to be elevated to aggravated assault including the use of a dangerous instrument or deadly weapon to place someone in fear or injury, causing serious physical injury and disfigurement, or a misdemeanor assault on a civil servant.

An aggravated assault charge can result in a five- to 10-year prison sentence even on one’s first offense. The sentence can be as much as 25 years in prison for a third offense.

How is Aggravated Assault Classified?

There are many conditions that can allow for Arizona law enforcement to charge an individual with aggravated assault. The main infractions that can lead to this type of assault charge are detailed below.

  • Serious physical injury takes place.
  • Use of a deadly weapon or instrument.
  • Causing temporary or long-term disfigurement.
  • The assault occurs while the victim is bound or physically retained.
  • Assault is committed after entering a private home of another.
  • An adult committing assault on a minor.
  • The accused assaults an individual in violation of an order of protection.
  • Attempting to take a peace officer’s firearm or weapon being used by the officer.
Man Facing Domestic Violence Assault Charge

Arizona Misdemeanor Assault Charges & Penalties

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Man Facing Domestic Violence Assault Charge

A regular assault in Arizona involves knowingly and recklessly causing physical harm to another person or touching another individual with the intent to injure, provoke, or insult. If the assault happens between two people who live together, it is known as domestic violence and the guilty party (parties) will be charged accordingly.

What are the Classifications of Assault in Arizona?

There are three misdemeanor classes for regular assault:

  1. Class 1: The most serious charge where physical injury is caused. This can lead to six months in prison along with a 3 year probation period.
  2. Class 2: This includes the threat of injury and if convicted, you could spend up to four months in prison along with a 2 year probation period.
  3. Class 3: This includes touching with the intent to injure or provoke and could lead to a 30-day spell in prison along with 12 months probation.

Why Did I Get Charged with Assault?

If you conduct one or more of the following forms of assault, you can face the maximum sentence allotted by Arizona law. This is why it is imperative that you speak with an experienced trial attorney prior to fighting the charges on your own.

  • Causing physical injury to someone else – whether recklessly, intentionally, or knowing it some form or fashion that injury would result from a specific action.
  • Putting someone else in imminent danger with reasonable apprehension.
  • Injuring, insulting, or provoking someone else by knowingly touching him or her.

Arizona Threatening & Intimidating Charge Penalties

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Man Charged with Threatening & Intimidating Assault

If you threaten or intimidate an individual or their property you can be charged with a Class 1 misdemeanor in the State of Arizona.

Threatening & Intimidating by a Gang Member in Arizona

If the threat is made by a gang member or against a witness to a crime, the charge can be increased to a Class 3 felony which carries a 3.5-year prison sentence. Even causing a major public inconvenience, such as committing an act that causes evacuation of a public building can classified as assault.

How is Threatening or Intimidating Classified in Arizona?

In Arizona, a person is charged with threatening or intimidating if he or she threatens or intimidates by words or action, including the following instances:

  1. The cause of physical injury to someone else or severe property damage belonging to another person.
  2. Causing a serious public inconvenience, which could include the evacuation of a public location, assembly area, or transportation hub.
  3. Causing physical injury to someone else or severe property damage with the intention of promoting another person to participate in an illegal street gang, racketeering business, or criminal syndicate.

Arizona Endangerment Charge Penalties

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Criminal in Handcuffs for Endangerment

This classified as an act that endangers someone and places them at risk of physical injury. It is a form of assault and is a Class 1 misdemeanor. If you are found guilty, you could face up to 12 months in prison.

Felony & Reckless Endangerment in Arizona

Felony or ‘reckless’ endangerment is behavior that causes a risk of imminent death and can also result in a 12-month prison sentence. The difference is that it is classified as a Class 6 felony, which means you become a convicted felon; this has major repercussions on the rest of your life.

Cause for Reckless Endangerment Charge in Arizona

In order to receive a charge of reckless endangerment in the state of Arizona, one must be guilty of the following infraction.

  1. When recklessly endangering someone else with substantial risk of physical injury or imminent death.

Endangering someone with substantial risk of imminent death is considered a Class 6 felony in the state. All other forms of endangerment are deemed as a Class 1 misdemeanor.

Arizona Manslaughter Charge Penalties

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Law Books & Gavel

This type of Arizona homicide is classified as causing death through a reckless act. However, manslaughter can also be the charge if a second degree murder is committed while the defendant was in a highly emotional state; crimes of passion are a classic example. You can also be charged with manslaughter if you are convicted of the death of an unborn child through a reckless act that physically caused harm to the child’s mother.

Manslaughter in Arizona & Intent

In essence, manslaughter does not occur when someone has intent to kill barring situations where the defendant is in an emotional state. If you are convicted of manslaughter, the punishment is five to 10 years in prison, though this can be increased to 12.5 years if convicted of aggravated manslaughter.

When Can Someone be Charged with Manslaughter in Arizona?

According to Arizona Revised Statutes Title 13 (Criminal Code), an individual can be charged with manslaughter if they meet the following criteria:

  1. Recklessly causing the death of someone else.
  2. Committing second degree murder because of a sudden quarrel or heat of passion assault due to victim provocation.
  3. Intentionally supplying the means for a victim to commit suicide, knowing that the individual intended to take their own life.
  4. Committing second degree murder while being coerced to do so because of deadly physical threats to oneself or to a third party, when a reasonable person would resist taking such action if put in the same situation.
  5. Recklessly or intentionally causing the death of an unborn child due to any form of physical injury to the mother.
Scales of Justice & Gavel

Arizona Murder Charge Penalties

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Scales of Justice & Gavel

A murder charge is unquestionably the most serious crime you can be convicted of in the state of Arizona. If you’ve been charged with murder, contact our law offices as soon as possible to have our homicide defense lawyers begin working on your case immediately. There are two separate murder classifications of murder – First Degree and Second Degree.

First Degree Murder in Arizona

This is also known as ‘Murder One’ and is a crime that can be punished by the death penalty in Arizona. You can be found guilty of first degree murder if you knowingly and intentionally caused the death of another person in a premeditated manner. You can also be convicted of this crime for killing a police officer or an unborn child. It is a Class 1 felony and capital punishment is used in Arizona. Alternatively, you could receive life imprisonment without parole or with parole possible after 25 years.

Second Degree Murder in Arizona

The circumstances surrounding second degree murder are similar but this charge occurs when there is no premeditation. You can be found guilty of second degree murder if it is proven you intentionally killed someone or acted with indifference to human life. A conviction for this crime results in a 10- to 22-year prison sentence with an extra five years added if the victim is under the age of 15 or is an unborn child.

Two College Girls Drinking

Common Crimes Among College Students

College is often a time for experimentation and learning your limits. Many students begin drinking and/or trying drugs for the first time in college. The crimes that are associated with the college party lifestyle come in a vast array of seriousness. Here are five crimes that are prevalent in the collegiate demographic.

Public Intoxication

Two College Girls Drinking

Public intoxication in Arizona, also known as “drunk and disorderly,” is when a person is under the influence of alcohol or even drugs in a public place. The telltale signs of this offense often include lewd or disorderly behavior, a loud or obnoxious voice, or aggressive behavior. College students generally don’t have an extensive amount of experience drinking and may be more likely to underestimate their behavior because they don’t know the effects that alcohol may have on them.

Minor in Possession

Most students enter college at 18 years old. This means that for the first two or three years of their college experience, they are not old enough to drink in the United States. For this time period, college students are generally living on their own in dorms or apartments, and they feel like they are fully mature adults. This leads many students to drink prematurely. Purchasing a for a minor, or being under the age of 21 and in possession of alcohol, is illegal and may result in a Minor in Possession charge.

Possession or Use of a Controlled Substance

The term “controlled substance” means many things. We typically think of this term as referring to illegal drugs; however, this term can also be applied to the misuse of prescription medication. College students may feel the need to use drugs or medication to enhance their performance or to relieve stress. In recent years, drugs such as Ritalin have been used to help students focus for exams. Obtaining this medication or any drug illegally puts students at risk for serious criminal charges.

Driving Under the Influence

Handcuffs, Car Keys & Alcohol

Among college-age people, there is a lot of buzz about DUIs. As many as one in four college students has admitted to driving after drinking. Drinking and driving can result in fatal collisions and is always a serious offense. Many college students do not have a good sense of how alcohol affects them, and because of this, they may think it is okay to drive when it is not. Most people don’t have a clear understanding of how their Blood Alcohol Content (BAC) fluctuates based on just a small amount of alcohol.

Rape & Sexual Assault

Rape is a crime that occurs in colleges more often than anyone would like to admit. As many as one in four college females will fall victim to rape, usually involving drugs or alcohol. This very serious crime occurs most often at parties when women are under the influence of drugs or alcohol. Men can also be victims of rape. Anyone who is intoxicated is not of a sound mental state to provide consent. Most rape cases go unreported due to the personal nature of the crime. Rape is usually committed by a person that is relatively close to the victim.

Resources

Bureau of Justice Statistics: Terms and Definitions
Website

National Institute of Alcohol Abuse and Alcoholism: Harmful Alcohol Use
Website

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