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10 Tips on Surviving a DUI Sobriety Checkpoint Stop

Holidays are prime time for Arizona DUI sobriety checkpoints and Arizona DUI roadblocks. Even unimpaired Arizona drivers are subject to Arizona DUI Roadblocks and AZ DUI Sobriety Checkpoints. But do you want to take that chance even if you are not impaired?  In Arizona, the police will be stopping vehicles according to a random mathematical formula decided in advance by police force management or other local jurisdictional authority to stop drivers and find  Phoenix DUI or Phoenix drug DUI drivers.

If you find yourself stopped at an Arizona DUI sobriety checkpoint, you will be asked to produce your driver’s license and registration. The police are trained to look for cues of drivers suspected of Arizona DUI or Arizona Drug DUI. They will watch to see if you are fumbling to find the documents, observe if you are displaying nervousness or suspect behavior, as would a person drunk driving or impaired by a drug or medication. They may ask you to step out of your vehicle or pull you out of the line of traffic to investigate further. They may decide to have DUI drug testing done for Drug DUI or a breath test for DUI with alcohol.  You should know that an Arizona DUI or Drug DUI received at an Maricopa County Arizona DUI checkpoint is just as severe as an Arizona DUI or Arizona Drug DUI charge given at an independent stop.  The punishments if convicted are just as harsh and Arizona some of the most severe DUI penalties in the country. Therefore, you have received an Arizona DUI or Arizona Drug DUI you should consult a Phoenix Arizona DUI Lawyer, or Arizona Criminal Defense Attorney as soon as possible regarding your defense.

Here three of twelve guidelines adopted by Arizona, and offered by the National Highway Traffic and Safety Administration (NHTSA), regarding DUI checkpoint stops. These three guidelines can work to a driver’s advantage to help them avoid, Arizona Drug DUI or Arizona DUI at an Arizona DUI checkpoint completely:

  • The public should be aggressively informed of sobriety checkpoints with ample warning so  drivers can avoid them completely.
  • Police presence should be obvious when approaching a checkpoint.
  • Drivers should be sufficiently warned of an upcoming checkpoint

 

Here are some tips to prepare for a 2010 Arizona DUI sobriety checkpoints:

  1. 1. The best way to avoid being stopped at a Phoenix, Tempe, Mesa, Gilbert, Scottsdale, Chandler or other City in Maricopa County Arizona DUI checkpoint is to find out in advance where the planned Arizona DUI roadblocks will be. Some resources to obtain notice include your local newspaper, radio, TV and the internet. Many AZ DUI checkpoint announcements are posted on local state, county, city, and government websites. Posting on social networks such as Twitter.com, has become increasingly popular. Others are using Text Messaging, iPhones, Smart Phones, and other technological resources to keep each other informed.
  1. 2. If you will be driving, know in advance, know exactly where your license and registration are located and make sure they are accessible.
  1. 3. Try to stay calm (easier said than done).
  1. 4. Do not joke around with the police or passengers in the vehicle with you. In fact, it would be a good idea to alert the passengers that you are approaching a Phoenix DUI Sobriety checkpoint; and that you would appreciate their silence and respect through the process. It’s your future and freedom at stake, (unless they are or have been  drinking under the age of 21.)  Recognize that the police officer is just doing his or her job. Be polite, courteous and respectful.

 

  1. 5. Do not complain about being stopped at the Arizona DUI Checkpoint.

 

  1. 6. Produce your license and registration as requested timely and without question.

 

  1. 7. Do not offer information as to where you are going or where you have been.

 

  1. 8. Do not offer information about having had any alcohol or drugs recently or in the past.

 

  1. 9. Do not offer information about any medical conditions you may have, drug, or medications you have taken or have in your possession. That may encourage them to embark on a Drug DUI and may cue them to suspect you of a drug DUI.

 

  1. 10. Do not allow passengers to have or carry opened alcoholic beverage containers in your vehicle.  Let them know your rules in advance of leaving for your destination. Simply explain that you do not wish to transport opened alcohol containers, drugs, or drug paraphernalia in your vehicle. It’s not easy to say to a friend, especially in light of peer pressure. But it’s your responsibility as the driver to enforce your rules. Ultimately it is your responsibility. You will be the one stopped by the police. You will be the one first investigated and most likely held responsible, and charged with DUI, Drug DUI, Drug or drug paraphernalia use or possession.

About the Author

Phoenix Arizona DUI & Criminal Defense Attorney. Owner of Law Office of James E. Novak. Law Practice is devoted 100% to defending DUI and Drug DUI, and Criminal Defense Charges in Arizona.  James Novak is a former DUI and criminal Prosecutor in Arizona’s Maricopa County.

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May 29th, 2010 at 7:34 am

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January 11th, 2010 at 3:09 pm

Phoenix Dui Lawyer

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Basic Laws Regarding Seattle Dui Fines And Sentencing

The latest news, according to a Phoenix DUI attorney is that the Senate Bill 1069, which is about to be heard by the Arizona State Legislature in the Second Regular Session of 2010, is coming up with a proposal of changing the existing class 6 felony of DUI with a 15 year old person in the vehicle to a class 4 felony. According to the existing Phoenix DUI law, if a person is driving a vehicle under the influence of alcohol or other drugs with a 14 year old or younger child in the vehicle, it will be charged as a DUI offense and they will be subject to the corresponding DUI jail time agreeing to its misdemeanor counterpart.

As the Phoenix DUI lawyer said, the new Senate Bill makes a proposition to change the designation of the offense from class 6 felony to a class 4 felony. The bill further proposes to increase the punishment to match up to the standard of class 4 felony Aggravated DUI punishment. This punishment, however, is imprisonment for at least 4 months for a first offense. Imprisonment here refers to the person being condemned to the Department of Corrections without being released for work (no work release or work furlough option) – which means 24 hour custody for 4 consecutive months.

Generally the run of the mill Aggravated DUI involves a 3rd DUI conviction within the time span of 7 years. According to Phoenix DUI attorneys, if a person does not get the point after the first 2 DUIs, he or she should be sentenced to the prison immediately after receiving the 3rd DUI. This is agreeable and well-supported by most people. According to the second provision, if a person is DUI convicted while his or her license has been suspended for any reason, then also the person is likely to be imprisoned for 4 months. However, most people think that this punishment is too harsh on a person for a first DUI. Except Maricopa, every county in Arizona does not enforce this type of DUI. They allow a person to plead to a misdemeanor DUI with a misdemeanor driving even on Suspended License tickets. In simple words, most Arizona citizens are unaware of this second type of Aggravated DUI.

It has been decided that in Maricopa County people who gets a DUI while their License is suspended, will straight away go to the prison for a minimum period of 4 months. But, the problem is that more than half of Arizona citizen’s, at some point of time had their License suspended. This sort of License suspensions generally takes place at early age, when youngsters are not even aware of the traffic rules. Therefore, as an end result most of the college students get expelled from any State University and or lose their scholarships in addition to a 4 months of imprisonment.

As per a Phoenix DUI lawyer, it seems that now the State Legislature is eager to add this 4 month penalty to any person, who gets a DUI when and if they have a child aged 15 or below in the vehicle. Although many people may find this penalty not enough for driving under the influence with a child in the car, according to a Phoenix DUI attorney during this time of economic crisis, reducing the DUI penalty from class 4 felony to a misdemeanor DUI and a misdemeanor Driving on Suspended License for DUI with a suspended license is quite practical and make much more sense.

About the Author

Steven Brown is a professional Internet marketer. To get the the phoenix dui attorney phoenix dui lawyers or best dui attorney phoenix dui lawyers dui lawyer visit www.phoenixduiattorney.biz

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December 14th, 2009 at 1:45 pm

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December 13th, 2009 at 11:21 pm

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November 24th, 2009 at 6:16 am

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HELP Need DUI lawyer for juvinile in Phoenix, arizona. Can you suggest anyone?

Son is 17 will be 18 next month.

Not Phillips & Associates! Go to the AZ State Bar website and find an attorney from there.

http://www.azbar.org

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October 26th, 2009 at 8:59 am

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October 24th, 2009 at 8:15 am

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October 19th, 2009 at 3:26 am

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I recently got an Extreme DUI (.166 BAC) here in AZ. This is my first DUI and the only criminal record I have.?

I’m in enrolled college full-time and over age 21. Now, I am going to an AA sessions voluntarily to help me become a better person. I can’t afford my private lawyer so I will request an state appointed lawyer on the day of my first court hearing. What do you think will happen to me?! I nervous, but I alsorealize this is a hard-lesson learned. Looking for what happens in situations like this in the Phoenix, AZ area.

Jail is never fun.

Perhaps you should call that Warrior Edward Loss, attorney at law, in the Phoenix area.

I hear he blows smoke and breathes fire.

I know you’re not in California but here’s our enhancements, for comparison:

San Diego California DUI Arrests: Punishment Enhancements

There are particulars or special accusations that increase a defendant’s risk of receiving a harsher punishment in a San Diego California drunk driving misdemeanor case. The increased San Diego California DUI punishment alternatives include steeper fines, mandatory attendance in lengthy alcohol education courses, and a longer required term in a county jail.

1. Refusing to Submit to a Chemical Test (VC 23577)

If a suspect is arrested for VC 23152, a San Diego California DUI charge, and at the time of the arrest refused to submit to a chemical test, driving privileges will be suspended for 6 months as an enhancement, in addition to the usual penalties for the DUI conviction.

2. Excessive Blood Alcohol Content (VC 23578)

If a suspect is convicted of VC 23152 with a BAC of .15% or higher, then the San Diego California court may enhance the defendant’s sentencing. If probation is granted, enhanced terms and conditions of probation may be added.

3. Repeat Offenders: Mandatory Imprisonment (VC 23580)

If any suspect is convicted of a VC 23152 violation and the San Diego California offense is a second or subsequent DUI offense, the court shall impose a term of a minimum of 48 consecutive hours in a county jail or a minimum of 10 days of local community service.

4. Speeding: Additional Penalty (VC 23582)

Any person who drives in excess of 30 mph over the posted speed limit on the highway or 20 mph over the posted limit on a residential or city street shall receive an additional and consecutive 60 day term in a county jail.

On the first San Diego California conviction of VC 23582, the driver will be ordered to participate in and complete an alcohol or drug education and counseling program.

5. DUI Penalties for Drivers Under 21 (VC 23502)

If a driver under 21 is found to have a BAC above .01%, their driver’s license will be suspended for 12 months.

6. DUI with a Minor Passenger (VC 23572)

If the driver is convicted of a San Diego California DUI and has a minor under 14 in the vehicle, then enhanced penalties may be imposed based on a judge’s interpretation of DUI evidence. Mandatory jail time is regulated between 48 hours and 90 days.

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September 28th, 2009 at 3:33 am

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July 31st, 2009 at 4:51 am