Author Archives: Gary Rohlwing

Extreme & Aggravated DUI Legal Lawyer

Reasons Why You Would Need Legal Representation for an Extreme DUI, Super Extreme DUI or Aggravated DUI Many people think that DUI laws in Arizona are similar to other states. They are wrong. They don’t realize that Arizona has unique DUI laws that are stricter compared to most other states. Penalties for a DUI conviction in Arizona are also stiffer compared to many other states. Arizona created new misdemeanor DUI crimes known as Extreme DUI and Super Extreme DUI in 2007. A person must have an alcohol concentration ranging from 0.15% to 0.20% to be charged with Extreme DUI. A person must have an alcohol concentration of 0.20% or greater to be charged with Super Extreme DUI. Obviously, you will face stiffer penalties with a super extreme DUI charge compared to a regular DUI or Extreme DUI. Conviction will almost always lead to some jail time. More than the jail time, fine, and penalties, however, having a criminal record may cause a more lasting stigma. Bear in mind that alcohol concentration testing need not be performed where you were stopped as long as it is done within 2 hours from the time you drove a car.   Why Arizona Has Set Up Different DUI Levels According to the Centers for Disease Control & Prevention, various alcohol concentration levels have different effects on a person’s ability to drive. For example, having a 0.08% alcohol concentration in your system will impair your ability to drive safely. Therefore, a 0.08 level is considered a DUI in every state. An alcohol concentration level of 0.15% or higher can make you a lot more dangerous on the road. In 2012 alone, more than 50% of all drivers involved in fatal crashes registered an alcohol concentration level of at least 0.15%. The CDC reports that at 0.15% alcohol concentration level, you will have much less muscle control than usual. Your sense of balance will likewise be adversely affected. You will experience considerable impairment in controlling your car, paying attention to your driving, and processing the audio and visual information needed to drive safely. A man weighing around 160 pounds would need to consume around 7 alcoholic beverages in an hour to reach an alcohol concentration level of 0.15%. If you are charged with an Extreme or Super Extreme DUI, remember not to plead guilty before a competent Extreme DUI attorney like Gary Rohlwing has examined your case thoroughly. Many factors can impact the admissibility of evidence in your case. Some are whether you were legally stopped, the breath or blood test was accurate, or the search was legal. A reliable practice like the Law Offices of Gary L. Rohlwing can make sure that your rights are always protected throughout the proceedings. He can help you get the best results to either avoid a conviction or mitigate the penalties if you are convicted.   West Valley Courts We Handle DUI Cases: Peoria DUI’s Goodyear DUI’s Surprise DUI’s Sun City DUI’s Avondale DUI’s Litchfield Park DUI’s Buckeye DUI’s    

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Arizona Has Some OF The Harshest DUI Laws

There is no doubt that drunk driving has been one of the leading causes of road deaths for decades. Unfortunately, drunk driving is still prevalent in most parts of the country. DUI laws in the U.S. vary depending on the state. Thus, it is a good idea to know about the laws not only in Arizona but in other states as well.   The Earliest DUI Laws New Jersey enacted the first law on drunk driving in 1906. Back then, a person caught driving under the influence of alcohol was sentenced to 60 days in jail and a $500 fine. Unbelievably, after over a century, there are states that don’t jail first-time offenders and some states only require a $500 fine. With exponentially more DUI cases, you would think that DUI laws across the country would be stricter than a century ago.   The Strictest and the Most Lenient States Today Arizona is the strictest state in terms of cracking down on DUI offenders. A minimum of 10 days in jail awaits you if you are a first-time offender. This comes with a minimum fine of $1,250, the installation of a car ignition interlock device at your own expense, and a 90 day suspension of your privilege to drive. Your vehicle will also be impounded. Other states with strict DUI laws include Connecticut, West Virginia, and Alaska On the other side of the spectrum, South Dakota has the most lenient DUI laws. It is ironic that the 1906 New Jersey law was harsher than current South Dakota DUI laws. The state doesn’t impose a minimum jail term for first and second-time offenders. Although a third offense is considered a felony, driving privileges are not suspended and the installation of ignition interlock devices is not required. Other states with lenient DUI laws are North Dakota, Montana, and the District of Columbia. The Harsh DUI Laws in Arizona Because a DUI charge in Arizona comes with dire consequences, you should immediately get in touch with a reputable DUI lawyer like Gary Rohlwing to make sure your rights are protected. It doesn’t matter if you are charged for DUI in Phoenix, Glendale, Peoria, Surprise, Avondale, Goodyear or any other city in the state of Arizona. The state laws of Arizona will apply. Arizona has comprehensive misdemeanour DUI laws that virtually encompass any situation where a person may be impaired and drive or try to drive. The amount of alcohol concentration found in a person’s system determines whether he or she will be charged with DUI, Extreme DUI, or Super Extreme DUI as discussed below. R.S. § 28-1381 is the original DUI law. It generally applies to a person whose alcohol concentration is between 0.04 (for drivers of commercial vehicles) and 0.14. It also applies to any person operating under the influence of any impairing or intoxicating drug, vapor that releases substances containing toxic chemicals or any combination of drugs, alcohol and other vapor releasing substances if it impairs the person to the slightest … Continue reading

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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 … Continue reading

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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, … Continue reading

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