Category Archives: DUI

Collateral Consequences of Drug Convictions

According to the American Friends Service Committee-Arizona, “Collateral consequences” are legal punishments and other restrictions imposed on people because of their criminal convictions that are in addition to any term of incarceration, fines, fees or supervision imposed by the courts as punishment for the crimes. As Gabriel Chin wrote in “The New Civil Death: Rethinking Punishment in the Era of Mass Conviction”: “As a practical matter, every criminal sentence contains the following unwritten term: The law regards you as having a “shattered character.” Therefore, in addition to any incarceration or fine, you are subject to legal restrictions and limitations on your civil rights, conduct, employment, residence, and relationships. For the rest of your life, the United States and any State or locality where you travel or reside may impose, at any time, additional restrictions and limitations they deem warranted. Their power to do so is limited only by their reasonable discretion. They may also require you to pay the expense of these restrictions and limitations.” On their website, The National Inventory of Collateral Consequences of Conviction lists 170 collateral consequences in the State of Arizona arising from a drug conviction. Some of the well-known ones are: Prohibited possessor of firearms; Loss of employment and employment opportunities; Loss of public benefits such as student aid; Loss of housing and difficulty finding housing; and Loss of child custody The collateral consequences of drug convictions in Arizona are wide ranging and serious. Criminal Defense attorney Gary Rohlwing has decades of experience in helping clients mitigate the collateral consequences of their drug convictions. Call or e-mail him today. Felony Attorney Services – http://www.criminal-duiattorney.com/felonies.html Misdemeanor Attorney Services – http://www.criminal-duiattorney.com/misdemeanors.html

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Driving Restrictions Due to a DUI Conviction

Generally, you need to have a fingerprint clearance card issued by the Arizona Board of Fingerprinting if you work with children, the elderly, disabled adults, and victims of domestic violence. Dentists, dental hygienists, denturists, nurses and real estate agents also need fingerprint clearance cards. A.R.S. § 41-1758.03(D) states: “D. A person who is awaiting trial on or who has been convicted of comm05itting or attempting to commit a misdemeanor or felony violation of section 28-1381, 28-1382 or 28-1383 in this state or the same or similar offense in another state or jurisdiction within five years from the date of applying for a fingerprint clearance card is precluded from driving any vehicle to transport employees or clients of the employing agency as part of the person’s employment. The division shall place a notation on the fingerprint clearance card that indicates this driving restriction. This subsection does not preclude a person from driving a vehicle alone as part of the person’s employment. This subsection does not apply to a person who is licensed pursuant to title 32, chapter 20, except if the person is employed by an agency as defined in section 41-1758.” A.R.S. § 41-1758(1) defines an “agency” as: “1. “Agency” means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of transportation, the state real estate department, the department of financial institutions, the board of fingerprinting, the Arizona game and fish department, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners or the Arizona state board of pharmacy.” The three laws mentioned in A.R.S. § 41-1758.03(D) are driving under the influence, driving under the extreme influence, and aggravated driving under the influence. A person who is licensed “pursuant to title 32, chapter 20” is a licensed real estate agent. A licensed real estate agent is highly unlikely to be employed by any of the agencies listed in A.R.S. § 41-1758. Therefore, A.R.S. § 41-1758.03(D) allows licensed real estate agents to transport clients and employees even though they have DUI convictions. At first glance, it doesn’t seem like the driving restriction would apply to many people since not everyone works for an agency.Unfortunately, private employers may interpret A.R.S. § 41-1758.03(D) as precluding them from hiring or continuing to employ a person with the driving restriction. Another obstacle may be the private employer’s car insurance which may not cover an employee who has a driving restriction. A DUI conviction will subject you to the driving restriction under A.R.S. § 41-1758.03(D). This collateral consequence means that you should hire an experienced DUI attorney if you are charged with a DUI. Attorney Gary Rohlwing has over three decades of experience defending against DUI charges. Call him today for a free consultation. Cities We Provide DUI Legal Defense: Glendale Affordable Peoria Services Buckeye Defense Goodyear Services Affordable … Continue reading

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Common Factors That Increase Your Blood Alcohol Content

These Are Some Of The Most Common Areas That Can Increase Your Chances of Getting a DUI In 2016, statistics revealed that over 27 people died in car crashes caused by drunk driving in Arizona [editing note:  I’m assuming that these people died in 2016 Arizona drunk driving accidents].  Not all drivers intentionally drink and drive; some think that the small amount of alcohol they consumed did not impair their ability to drive.  You might want to wait for your body to metabolize that alcohol before driving after reading about the factors known for increasing the alcohol content in your blood below.   AMOUNT OF FOOD CONSUMED If you’ve consumed protein-rich food before drinking, the chances of being intoxicated may be less.  Alcohol is more likely to be processed faster if the person who drinks it doesn’t have any food in his stomach. The amount of food consumed is a factor because the digestion process plays a huge role in the body’s absorption of alcohol.  For almost everyone, the liver can only digest one drink an hour.  The more drinks you have, the bigger the workload for your liver.  Drinking only one drink per hour helps keep your blood alcohol content (BAC) in the safe level.   ALCOHOL CONCENTRATION The stronger the drink, the higher your BAC will be.  Higher alcohol content in drinks will irritate the mucous membranes lining the gastrointestinal tract.  This means one thing: slower alcohol absorption rate and higher chances of intoxication.   GENDER Studies have found that women have less dehydrogenase, an enzyme responsible for breaking down alcohol in the digestive system.  The less dehydrogenase you have, the more likely it is for your BAC to shoot up when you drink.  This is why women become intoxicated faster even if they’re drinking the same amount of alcohol as men. Women also tend to get higher BACs around the time of menstruation.  Their hormone levels definitely affect their alcohol absorption levels.   BODY TYPE AND WEIGHT If you have a small body mass, you tend to become intoxicated easily when drinking alcohol.  Even if two people weigh the same, the person with more fat in his or her body is likely to have lower BAC when they drink the same amount of alcohol.   CONSUMPTION RATE Have you ever wondered why you shouldn’t gulp down your drink in one go?  This is because the sudden rush of alcohol will raise your BAC much faster than when you drink the same amount slowly.   INDIVIDUAL ALCOHOL TOLERANCE Some people can drink lots of alcohol but not get intoxicated, while others get drunk after only two glasses of the same alcohol.  A person’s functional tolerance determines how resistant his body is to the effects of alcohol, partly because of his liver’s strong capacity to continuously filter out the alcohol in the body.  You’re not home free even if your individual alcohol tolerance is high; your blood will still contain traces of alcohol.   MEDICATIONS Alcohol is a drug … Continue reading

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Life after A DUI Arrest – How a DUI Can Affect You

Partying and drinking is fun. However, driving while you are drunk is never a good idea. In fact, you should never do it. You are not only putting your life at risk but also your passengers and other people on the road. Moreover, you can get arrested and jailed for driving under the influence. Being arrested for driving under the influence can affect your life in more ways than one.   What Life Changes You Can Expect After a DUI Car Keys With Glass Full of Alcohol, Hand Reaching for KeysA DUI charge will haunt you for the rest of your life. It is a permanent entry in your criminal record. Your face will be in the police department’s database of mugshots along with your fingerprints. This will make any routine traffic stop more complicated. You are also more likely to be doubted by the authorities because of your record. You should value your driver’s license since you need it to legally drive. If you are caught driving while intoxicated then you can kiss your license goodbye for a while. Your license can be suspended from 6 months to 2 years based on a DUI violation. You will not be able to drive your car to work or anywhere else without the risk of hurting your case. Applying for admission to college is also harder for those who have a DUI record. A criminal record affects how colleges consider your application. More universities and colleges are becoming more thorough when doing background checks on their applicants. No school wants a student with a criminal record. It is still possible but it will be extremely difficult to get in. Finding a great job will be very difficult for a DUI offender. Most companies will steer away from DUI offenders since this offense results in a criminal record. Most companies have a policy against hiring people with criminal records. Even if they give you a chance at an interview, you will have a hard time justifying why you have a DUI conviction. Overall, a DUI conviction will make finding a job very hard for offenders. Another thing that can be affected by a DUI history is your ability to travel around the world. Certain countries will deny people with criminal records entry and that includes DUI convictions. This can also be a red flag when applying for immigration. You are ruining your chances of exploring the world or becoming a legal citizen by choosing to drive while drunk. Driving under the influence is never a good thing. It’s not only all the effects on your life that you have to worry about. You can die because of a bad accident due to a DUI. Unfortunately, even with a high fatality rate relating to drunk driving, there are still many people who take the risk and decide to drive while drunk. Do not make this mistake! It can ruin your life and your future. Say no to drunk driving and keep yourself and … Continue reading

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What Are the Sentencing Ranges for a First Time Felony Offender in Arizona?

Arizona crimes are divided into two categories: misdemeanors and felonies. Misdemeanors are usually handled by cities, towns, and justice courts and have less serious penalties. Felonies are usually handled by the relevant county superior court and have more serious penalties. Besides serving time in prison, a felony conviction effectively deprives a person of his or her right to vote for a period of time and his or her Second Amendment gun rights permanently. The State of Arizona further breaks down felony charges into six different classes, with Class 1 being the most severe. The class of felony depends on what crime has been committed under Title 13 of the Arizona Revised Statutes and the prior record of the individual. The sentencing ranges for a first time felony offender in Arizona are discussed below. Get in touch with Gary L. Rohlwing Law Offices today and take advantage of our free initial consultation. First and second-degree murder are the only two charges that fall within Class 1.  First-degree murder is more severe with a sentence of either life imprisonment or death. Those convicted of second-degree murder will serve 10-22 years incarcerated in an Arizona prison. A judge will sentence a first time offender who is convicted of a Class 2 through 6 felony to a mitigated, minimum, presumptive, maximum or aggravated term of imprisonment according to A.R.S. § 13-702(D). What type of sentence a person receives is heavily dependent on the facts of the case, mitigating factors presented by the defense attorney, and aggravating factors presented by the prosecutor at sentencing. Any sentence in excess of 1 year incarceration is usually served in an Arizona prison. Besides prison time, a judge may also impose fines and restitution if there are any victims.     Class 2 felonies have a mitigated sentence of 3 years, minimum sentence of 4 years, presumptive sentence of 5 years, maximum sentence of 10 years, and an aggravated sentence of 12.5 years. Class 3 felonies have a mitigated sentence of 2 years, minimum sentence of 2.5 years, presumptive sentence of 3.5 years, maximum sentence of 7 years, and an aggravated sentence of 8.75 years. Class 4 felonies have a mitigated sentence of 1 year, minimum sentence of 1.5 years, presumptive sentence of 2.5 years, maximum sentence of 3 years, and an aggravated sentence of 3.75 years. Class 5 felonies have a mitigated sentence of .5 years, minimum sentence of .75 years, presumptive sentence of 1.5 years, maximum sentence of 2 years, and an aggravated sentence of 2.5 years. Class 6 felonies have a mitigated sentence of .33 years, minimum sentence of .5 years, presumptive sentence of 1 year, maximum sentence of 1.5 years and an aggravated sentence of 2 years. Sometimes, a judge can designate a Class 6 felony conviction as a misdemeanor conviction upon the successful completion of probation or other court-ordered programs.   What Class is an Aggravated DUI Aggravated DUI is a Class 6 felony if a person had a passenger under age 15 in the … Continue reading

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