Category Archives: DUI

Importance of Hiring a Boating DUI Attorney

Driving under the influence (DUI)of alcohol and/or drugs has serious consequences. Because of the dangers the felony entails, such as damage to properties and lives of people, laws have been passed to ensure the safety of pedestrians, commuters and other drivers. In the same light, boating under the influence (BUI) is also considered a criminal act. Driving a boat or watercraft of any sort under the influence of alcohol and/or drugs is illegal and warrants punishment by law.These laws were enacted to thwart the rise in the number of incidents involving watercrafts, and to prevent harm that an intoxicated person may cause to others as well as to himself. Different states have different laws for DUI and BUI incidents. Since this is the case, penalties will differ from state to state. Arrested For Boating While Under The Influence? The law serves as the guiding principle in almost all aspects of people’s lives. Thus, knowledge of the law is very important. By knowing the law, you become aware of both your rights and responsibilities. At the very least, understanding the law would allow you to act accordingly and avoid situations which would lead to unwanted consequences. However, not everyone is well-informed of the law and certain situations may occur, which may requirethe expertise of professionals. When faced with a criminal violation such as BUI, professional help is recommended, especially because the imposition of penalties differs according to the circumstances of the case. The help of an experienced and effective lawyer can help mitigate the unpleasant consequences of a BUI arrest.   Boating DUI Charges A person suspected of boating under the influence (BUI) can be arrested by law enforcement officials such as the U.S. Coast Guard or local law enforcement. To determine the penalty to be imposed, as well as its gravity, the offender’s blood alcohol content level is usually checked. A blood alcohol concentration of 0.08% indicates intoxication, which is a criminal offense and could warrant arrest. Surrounding circumstances such as possible damages to property and/or people are also taken into account. Penalties can range from fines to prison time, particularly if the BUI incident leads to injuries and death. Boat operator privileges can be revoked or suspended. Other consequences include rendering community service, and attending classes in boat safety and alcohol education. The gravity of criminal penalties will increase for subsequent convictions.   The Seriousness of an Arrest An arrest is the act of detaining a person as part of the system of criminal justice. Getting arrested could mean serious consequences. Being arrested for BUI could imperil one’s legal freedom, finances, and reputation. It could have detrimental effects to a person, particularly in terms of employment. For a person whose livelihood depends on the operation and driving of boats, this can pose serious financial drawbacks. Aside from this, it can lead to possible problems in the future, especially if convicted. Criminal records can tarnish a person’s character or credibility and spending time in jail can affect almost all aspects … Continue reading

Posted in DUI | Comments Off on Importance of Hiring a Boating DUI Attorney

Driving Under the Influence of Medical Marijuana – Defense Lawyer

Medical marijuana became legal in Arizona when voters approved Proposition 203 in 2010. Many people who use medical marijuana also drive and are concerned about being charged with driving under the influence because they use medical marijuana. As discussed below, Arizona law does not immunize them from being charged with driving under the influence of marijuana. The Arizona Medical Marijuana Act (AMMA) is found in Chapter 28.1 of Title 36 of the Arizona Revised Statutes. A.R.S. § 36-2802(D) states: “This chapter does not authorize any person to engage in, and does not prevent the imposition of any civil, criminal or other penalties for engaging in, the following conduct: A. Undertaking any task under the influence of marijuana that would constitute negligence or professional malpractice. B. Possessing or engaging in the medical use of marijuana: On a school bus. On the grounds of any preschool or primary or secondary school. In any correctional facility. C. Smoking marijuana: On any form of public transportation. In any public place. D. Operating, navigating or being in actual physical control of any motor vehicle, aircraft or motorboat while under the influence of marijuana, except that a registered qualifying patient shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana that appear in insufficient concentration to cause impairment.” E. Using marijuana except as authorized under this chapter.”   The relevant Arizona Driving under the Influence statute is A.R.S. § 28-1381(A)(3): “A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances: While there is any drug defined in section 13-3401 or its metabolite in the person’s body.”   The Supreme Court of Arizona has held that a medical marijuana patient has an affirmative defense to driving under the influence in Dobson v. McClennen, 238 Ariz. 389, 393 ¶ 20 (2015) “A qualifying patient may be convicted of an (A)(3) violation if the state proves beyond a reasonable doubt that the patient, while driving or in control of a vehicle, had marijuana or its impairing metabolite in the patient’s body. The patient may establish an affirmative defense to such a charge by showing that his or her use was authorized by the AMMA—which is subject to the rebuttable presumption under § 36–2811(A)(2)—and that the marijuana or its metabolite was in a concentration insufficient to cause impairment. The patient bears the burden of proof on the latter point by a preponderance of the evidence, as with other affirmative defenses. SeeA.R.S. § 13–205(“[A] defendant shall prove any affirmative defense raised by a preponderance of the evidence.”).”   The Arizona Court of Appeals found that a medical marijuana patient does not have to present expert testimony in order to establish his or her affirmative defense in Ishak v. McClennen, 241 Ariz. 364, 372 ¶ 20 (App. 2016) “In sum, an authorized medical marijuana user charged with violating § 28-1381(A)(3) may establish the affirmative defense afforded by § … Continue reading

Posted in DUI | Comments Off on Driving Under the Influence of Medical Marijuana – Defense Lawyer

Arizona Has a Zero Tolerance DUI Policy – What Does That Mean For You

The Arizona Zero Tolerance DUI Law Arizona passed A.R.S. § 4-244(34) in response to the 1995 National Highway Systems Designation Act stating that federal highway funds would be withheld from any state that failed to set a 0.02 alcohol concentration limit for minor drivers. A.R.S. § 4-244(34) provides: “It is unlawful for a person under twenty-one years of age to drive or be in physical control of a motor vehicle while there is any spirituous liquor in the person’s body.” In Arizona, you are deemed underage for drinking if you are less than 21 years old – even if you will be celebrating your 21st birthday in 6 hours. While other states would allow alcohol concentrations up to 0.02% for underage drivers, Arizona allows zero alcohol concentrations. It is a fact that it is illegal for minors to drink alcohol. However, minors cause approximately 17% of all alcohol-related car crashes resulting to death every year. Around 2000 underage drinkers lose their lives while driving, one third of which involve alcohol.   Why Arizona Has Zero Tolerance DUI Laws in Place Why does Arizona have this zero tolerance DUI law? Everyone knows that many people started drinking alcohol before they were 21, the legal drinking age. Chances are, most have driven a motor vehicle as well. Unfortunately, approximately one third of all fatal accidents that involve 15 – 20 year old minors are car accidents, around 35% of which involve alcohol. The percentage of alcohol-related accidents in young drivers is about twice as much as the rate for drivers above the age of 21.   The Impact of Zero Tolerance Laws There’s no doubt that zero tolerance is stringent and may seem too harsh for some people. In fact, a lot of people doubt whether the strict policy actually has a positive effect on minors. The NHTSA (National Highway Traffic Safety Administration) compared statistics between 12 states that have a zero tolerance law in place against 12 other states with no zero tolerance laws in place. The results? States with zero tolerance laws showed a 20% drop in single night time crashes that resulted to death of underage drivers. According to the NHTSA, the biggest decrease in deadly crashes happened in states with underage alcohol concentration of no more than 0.02%. States that allow a higher alcohol concentration level for underage drivers registered less impact. Although the NHSD Act of 1995 merely required states to set a 0.02% alcohol concentration limit for minor drivers, Arizona along with other states decided to put a zero tolerance policy in place. The law may be harsh but the figures do not lie. The difference between 0.00% and 0.02% may be miniscule but it keeps more underage drivers alive. Arizona has good reason to take the NHSDA act seriously. When facing a zero tolerance DUI charge in Arizona, contact the Law Offices of Gary L Rohlwing and make sure your rights are protected. Law Offices of Gary Rohlwing – Peoria Law Offices of Gary L. … Continue reading

Posted in DUI | Comments Off on Arizona Has a Zero Tolerance DUI Policy – What Does That Mean For You

Multiple DUI Offenses – What You Need to Know

Being convicted of a misdemeanor DUI once is tough enough. It becomes much tougher if you are arrested for a second misdemeanor DUI. Another conviction would mean additional prison time, heavier fines, longer license suspension, and more loss of your personal reputation. When facing multiple DUI charges, it is best to work with a lawyer who is well-versed in handling multiple Arizona DUI charges. Gary Rohlwing can help in protecting your reputation, your record, and your peace of mind. Arizona law makes it particularly easy to end up with a charge of aggravated DUI, a felony. A.R.S. § 28-1383 states that a person is guilty of aggravated DUI if he or she: commits DUI while his/her license or privilege to drive is suspended, cancelled, revoked or refused or while on restriction due to a DUI; commits DUI when a person under the age of 15 is in the car; commits DUI while ordered by the court to equip his or her car with a certified ignition interlock device; or commits a third or subsequent DUI within a period of 84 months from a first DUI. For example, your first DUI could be a felony if you were charged with DUI and your license or privilege to drive was suspended for any reason. The same is true if you had your son or daughter under age 15 in the car when you were stopped. The mandatory minimum sentence for an aggravated DUI ranges from 10 consecutive days in jail for having a person under 15 in the car to 4 months in prison for most other cases. The mandatory fines add up to $3,750. Your reputation, as well as your driving and criminal records, would be ruined by a conviction for aggravated DUI. Worse, imagine the anguish that all this would bring to your loved ones.   Defense for Multiple DUI Arrests in Arizona Arizona DUI court proceedings can be a complex legal maze that can be daunting and confusing if you are not a lawyer. Your best move would be to hire a competent attorney who will guide you through the legal process. The Law Offices of Gary Rohlwing will assist you in finding ways to avoid harsh penalties and dire legal consequences to your reputation and finances. As a multiple DUI offender, you will be facing a judge and jury who have little to no sympathy for you. This will make going through the court proceedings even more challenging. Your DUI defense attorney will have his job cut out for him. Remember that a 4 month prison term is the minimum sentence in most cases; a judge can impose even more prison time if you are found guilty after a trial. You need to have an aggressive lawyer with a proven track record by your side to make sure that you get the best possible results for your case. He must have a good grasp of the specific Arizona laws pertaining to your case. This will help him make a … Continue reading

Posted in DUI | Comments Off on Multiple DUI Offenses – What You Need to Know

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    

Posted in DUI | Comments Off on Extreme & Aggravated DUI Legal Lawyer