First Offense DUI: What to Expect in Arizona

Drunk drivers, to put it simply, face harsh penalties and fines in the State of Arizona. The state has some of the harshest DUI laws in the US. In Arizona, you are guilty of DUI if at least one of the following applies to you pursuant to A.R.S. § 28-1381(A)(1)-(4):

  • You are impaired to the slightest degree while under the influence of impairment-causing drugs, a vapor- releasing substance containing a toxic substance or any combination of liquor, drugs or vapor- releasing substances.
  • You have a blood alcohol concentration (BAC) of 0.08% or more within two hours of driving.
  • You have any drug or its metabolite as defined in A.R.S. § 13-3401 in your system.
  • You have a BAC of 0.04% or more and were stopped driving a commercial vehicle.

Note that even if your Breathalyzer or blood test results show that your BAC is under 0.08%, the officer who stopped you may charge you with DUI if he/she deems that you are unfit to drive. You are automatically charged with DUI if the test shows your BAC is 0.08% or more.

 

Penalties for First-Time Misdemeanor Offenders

A first time DUI under A.R.S. § 28-1381 is a Class 1 misdemeanor. If you are convicted of a first time misdemeanor DUI, you will be sentenced to the following:

  • A jail term of 10 consecutive days or more, with a maximum of up to 90 days. The court may suspend 9 of the 10 days if you complete a court-ordered alcohol or other drug screening education or treatment program.
  • A fine of $1,250.
  • Installation of a certified ignition interlock device in your car at your own expense.

You may also be sentenced to the following:

  • Community service hours

Your conviction will trigger a 90 day suspension of your privilege to drive.

 

What to Do When Stopped for a Possible DUI

When an officer asks you to pull over for a possible DUI, you must:

  • Safely pull over to the right side of the road.
  • Switch your engine off.
  • Politely refuse to answer any questions.
  • Hand over your registration, license, and insurance to the officer.
  • Politely refuse to take any field sobriety tests if asked.
  • Submit to a Breathalyzer or Blood test.
  • Remain silent if you are arrested.
  • Politely request that you be allowed to speak to your lawyer.

If you have had a few drinks, it can be stressful if you are pulled over. Just stay calm and follow the steps above.

What to Do if Charged with Your First DUI

Anyone can be found guilty of a misdemeanor DUI. When it happens, you must be ready and know the consequences.

As a Class 1 misdemeanor, a first DUI conviction comes with daunting punishments. Don’t lose hope! An experienced DUI lawyer like Gary Rohlwing can help find ways to possibly have the case dismissed, challenge the accuracy of the Breathalyzer or blood test results, prove that you were not impaired, and minimize the penalties. Remember that your future may be at stake. Therefore, you need to have a competent lawyer by your side at all times.

 

If you are facing your first DUI charge in Arizona, it’s best to get in touch with the Law Offices of Gary L. Rohlwing immediately. He has been protecting the rights of clients charged with DUI for many years. He will work hard to make sure that you get the best results possible for your case. You can read more about his practice areas here.

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Handling the Stress when a Loved One has Pending Charges

Having a loved one with pending criminal charges is extremely stressful. Here are some practical ways to deal with that stress.

Be there emotionally for your loved one but set healthy boundaries. Your loved one needs you now, more than ever so that he or she can vent, cry, complain, and otherwise process what happened. Allow this to occur but then take breaks so that you can recharge. You’re not helping your loved one if you allow the negative emotions to take over your life.

Show your loved one that you love him or her by not putting your lives on hold just because charges are pending. Continue to live legally and morally. Plan fun events that are legal and moral that you and your loved one can enjoy together now.

Talk to your loved one about ways to make extra income to pay for the attorney, fines, and fees. If he or she doesn’t want to talk about it, brainstorm on your own. For example, you and/or your loved one could get a job, take on extra work, get a second job, obtain a home equity line of credit, or sign up for contract work through guru.com.

Discuss with your loved one the potential problems that a criminal conviction can cause and try to solve them now. For example, you may need to get a job if he or she receives a prison sentence. You should begin looking for a job now instead of waiting until after the sentencing.

Explore how to eliminate unnecessary spending with your loved one. Unnecessary spending causes additional stress that you don’t need. Some examples are cable TV, designer clothes, the latest iphone, gym membership, Starbucks coffee, buying DVDs and eating out all the time.

Brainstorm how to get needs and wants met for little or no money with your loved one. For example, you need and want to keep watching new DVD movies but have decided it’s unnecessary to keep buying them. Apply for a public library card and start checking them out for free instead.

Hire an experienced defense attorney. His experience and compassion can help relieve a great deal of stress. Attorney Gary Rohlwing has over three decades of experience. Call him today for a free consultation.

 

My Specialty Practice Areas:

Criminal

DUI

Domestic Violence

 

My Office is in Glendale, AZ

Law Offices of Gary L Rohlwing
7112 N 55th Ave
Glendale, AZ 85301
(623) 937-1692

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Arizona Terms Of Standard Probation

Standard probation as part of a felony sentence in Arizona is very common. Arizona enacted The Uniform Conditions of Supervised Probation incorporating Evidence-Based Principles on January 1, 2011, to be used in all superior courts. The information below is from the Arizona Code of Judicial Administration implementing the Uniform Conditions of Supervised Probation which is found at https://www.azcourts.gov/Portals/25/pdf/6-207Uniform%20Conditions.pdf

Some of the Uniform Conditions of Supervised Probation are:

  • Maintaining a crime-free lifestyle by obeying all laws and not engaging or participating in any criminal activity;
  • Not possessing or controlling any stun guns, tasers, firearms, ammunition, deadly or prohibited weapons as defined in A.R.S. § 13-3101;
  • Reporting any contact with law enforcement to the Adult Probation Department within 72 (or ___) hours;
  • Submitting to search and seizure of person and property by the Adult Probation Department without a warrant;
  • Reporting to the Adult Probation Department within 72 (or ___) hours of sentencing, absolute discharge from prison, release from incarceration, or residential treatment and continue to report as directed; keeping Adult Probation Department advised of progress toward case plan goals and comply with any written directive of the Adult Probation Department to enforce compliance with the conditions of probation; providing a sample for DNA testing if required by law;
  • Providing the Adult Probation Department safe, unrestricted access to my residence and receiving prior approval of the Adult Probation Department before changing my residence; residing in a residence approved by the Adult Probation Department;
  • Requesting and obtaining written permission of the Adult Probation Department prior to leaving the state (___ county);
  • Actively participating and cooperating in any program of counseling or assistance as determined by Adult Probation Department, or as required by law, given assessment results and/or my behavior; signing any release or consent required by the Adult Probation Department so the Adult Probation Department can exchange information in relation to my treatment, behavior and activities;
  • Not possessing or using illegal drugs or controlled substances and submitting to drug and alcohol testing as directed by the Adult Probation Department;
  • Obtaining written approval of the Adult Probation Department prior to associating with anyone I know who has a criminal record; not knowingly associating with any person engaged in criminal behaviors;
  • Seeking, obtaining, and maintaining employment, if legally permitted to do so, and/or attend school; informing the Adult Probation Department of any changes within 72 hours;
  • Being financially responsible by paying all restitution, fines, and fees in my case as imposed by the Court. I understand, if I do not pay any restitution in full, the Court may extend my probation.

Discretionary terms of probation begin at term 16 which when checked means that the probationer is not allowed to consume or possess any substances containing alcohol. Other discretionary terms are:

  • Hours of community restitution;
  • Days in jail;
  • No contact with victim;
  • Complying with sanctions based on my behavior such as community restitution hours and days in jail in addition to hours and days already ordered;
  • Abiding by the attached special conditions of probation: intensive probation, domestic violence, mental health, sex offender, drug court, DUI Court/Program, Gang, or any other special conditions filled in by the Court.

You may have questions about how the Adult Probation Department interprets these conditions or if you should accept a plea that includes standard probation. If you are facing a sentence that includes standard probation, you need an experienced criminal defense attorney. Attorney Gary Rohlwing has over three decades of experience. Call him today for a free initial consultation.

 

Law Offices of Gary L Rohlwing
7112 N 55th Ave
Glendale, AZ 85301
(623) 937-1692
http://www.criminal-duiattorney.com/

 

 

 

 

 

 

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Arizona’s Duty To Report Law

Arizona’s duty to report law is found at A.R.S. § 13-3620. All of the information below is taken from that law.

A.R.S. § 13-3620(A) provides in relevant part:

“A. Any person who reasonably believes that a minor is or has been the victim of physical injury, abuse, child abuse, a reportable offense or neglect that appears to have been inflicted on the minor by other than accidental means or that is not explained by the available medical history as being accidental in nature or who reasonably believes there has been a denial or deprivation of necessary medical treatment or surgical care or nourishment with the intent to cause or allow the death of an infant who is protected under section 36-2281 shall immediately report or cause reports to be made of this information to a peace officer, to the department of child safety or to a tribal law enforcement or social services agency for any Indian minor who resides on an Indian reservation, except if the report concerns a person who does not have care, custody or control of the minor, the report shall be made to a peace officer only. . . .For the purposes of this subsection, “person” means:

  1. Any physician, physician’s assistant, optometrist, dentist, osteopath, chiropractor, podiatrist, behavioral health professional, nurse, psychologist, counselor or social worker who develops the reasonable belief in the course of treating a patient.

  2. Any peace officer, child welfare investigator, child safety worker, member of the clergy, priest or Christian Science practitioner.

  3. The parent, stepparent or guardian of the minor.

  4. School personnel, domestic violence victim advocates or sexual assault victim advocates who develop the reasonable belief in the course of their employment.

  5. Any other person who has responsibility for the care or treatment of the minor.” Read the original document of the law by visiting https://www.azleg.gov/ars/13/03620.htm

Some organizations, such as the Girl Scouts, have determined that their adult volunteers have a duty to report pursuant to A.R.S. §13-3620(A)(5).

According to A.R.S. §13-3620(O), a person who violates A.R.S. §13-3620 is guilty of a class 1 misdemeanor if it’s not a reportable offense or a class 6 felony if it is a reportable offense.

A.R.S. §13-3620(P)(4) defines a “reportable offense” as the following:

4. “Reportable offense” means any of the following:

(a) Any offense listed in chapters 14 and 35.1 of this title or section 13-3506.01.

(b) Surreptitious photographing, videotaping, filming or digitally recording or viewing a minor pursuant to section 13-3019.

(c) Child sex trafficking pursuant to section 13-3212.

(d) Incest pursuant to section 13-3608.

(e) Unlawful mutilation pursuant to section 13-1214.” Original found on https://www.azleg.gov/ars/13/03620.htm

If you have been charged with failure to report, you need an experienced attorney to defend you. Attorney Gary Rohlwing has over thirty years experience. Call him today for a free consultation. Read more about my practice areas.

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SAMMY “THE BULL” GRAVANO’S ARIZONA CHARGES

Salvatore “Sammy the Bull” Gravano was released early from federal prison in September 2017. He will be on federal parole for the rest of his life.

The following sources provided the information below: “Mafia Turncoat Gets 20 Years for Running Ecstasy Ring” by Andy Newman, New York Times, Sept. 7, 2002; “Ex-Mafia hit man “Sammy the Bull” Gravano now out of prison”, by Walter Berry, Associated Press, Sept. 22, 2017.

Mr. Gravano, a former member of the Gambino crime family, confessed to murdering 19 people. He became a government informant in 1991 and helped convict 39 mobsters. He served 5 years in prison for the murders. When he was released, he entered the federal witness protection program and moved to Arizona in 1994.

He left the program in 1995, wrote a book, and owned a restaurant and swimming pool installation company in Phoenix.

In 2000, he was arrested in connection with an Ecstacy trafficking ring in Phoenix that reportedly earned him about $500,000.00 per week. He was also accused of buying 40,000 Ecstacy pills from a drug gang in New York.

He was supposed to be sentenced on the New York federal charges on September 11, 2001, but it was delayed because of 9/11. He was sentenced to 20 years in federal prison on September 6, 2002. By that time, he had already pled guilty to ten Arizona felony charges.

On October 30, 2002, He was sentenced to the following prison terms on the following charges in Maricopa County Superior Court with credit for time served of 979 days. All of the prison terms were made concurrent with his New York federal prison term:

  • Conspiracy to Commit the Sale of Dangerous Drugs. 19 years.
  • Participating in a Criminal Syndicate. 19 years.
  • Illegal Enterprise. 15 years.
  • Offer to Sell or Transfer Dangerous Drugs, to wit: MDMA, also known as Ecstasy. 19 years.
  • Money Laundering in the Second Degree. 15 years.
  • Use of Wire or Electronic Communication in Drug Related Transaction (2 counts). 7.5 years.
  • Misconduct involving Weapons. 7.5 years.
  • Possession of Marijuana. 2.25 years.
  • Money Laundering. 15 years.

 

The Court found that he had been convicted of Racketeering in CR 90-1051 (S-2), United States District Court, Eastern District of New York.

An inmate datasearch on the Arizona Department of Corrections website revealed that Mr. Gravano finished serving his sentence on June 7, 2016. He had no history of disciplinary appeals.

If you or a loved one are facing several Arizona felony drug charges, you need an experienced attorney to defend you. Attorney Gary Rohlwing has over thirty years experience. Call him today for a free consultation.

 

Some of My Practice Areas:

 

I am located within a few minutes from the Glendale Court House

My office is at:

Law Offices of Gary L Rohlwing
7112 N 55th Ave
Glendale, AZ 85301
(623) 937-1692
http://www.criminal-duiattorney.com/

 

 

Click here for the directions on Google.

 

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