Arizona DUI Attorney Ed Loss | Arizona DUI Laws | Site Map
Free DUI Case EvaluationCall us today at: 623-931-6362
The Law Offices of Edward A. Loss, IIIDrunk Driving Defense Attorney
Phoenix DUI Lawyer
Extreme Penalties In Scottsdale
Ed Loss

New Arizona DUI Laws

Jessica Coomes | The Arizona Republic | May. 16, 2007 12:00 AM

Even first-time drunken drivers would have to test their breath before starting their cars if Gov. Janet Napolitano signs a bill the Legislature approved Tuesday.

The measure, coupled with other regulations passed this year by the Legislature, would make Arizona DUI laws among the toughest in the country, said Sen. Jim Waring, R-Phoenix, who sponsored the bill.

New Mexico is the only state to require ignition-interlock devices in the vehicles of all DUI offenders, including those convicted for the first time. Alcohol-related fatalities dropped 12 percent there between 2004 and 2005, the first year after the law passed; it is something Rachel O'Connor, New Mexico's driving while intoxicated czar, attributes to interlocks and other legislation targeting drunken drivers.

Arizona lawmakers hope fatalities also drop here, where 492 people died in alcohol-related crashes in 2005.

The Arizona bill passed the House and Senate with little opposition. Bill Weigele, president of the Arizona Licensed Beverage Association, said the threat of breath-testing devices would keep social drinkers from spending money on alcohol, thereby harming the liquor industry.

"This is not solving the problem for the carnage on the highway," Weigele said. "The carnage on the highway is being caused by the user-abuser, not the social (drinker)."

Arizona monitors about 7,000 repeat and extreme DUI offenders with interlocks, and 14,000 first-time offenders could be required to have interlocks if previous conviction trends hold true, said Cydney DeModica, a spokeswoman for the state's Motor Vehicle Division. She said the MVD will need additional staffing for the increased caseload.

Those who are required to have interlock devices must blow into a machine each time they start their cars for a year, and their blood-alcohol content cannot be over 0.03 percent. State law says it is illegal to drive with a blood-alcohol content over 0.08 percent. The Senate passed Senate Bill 1029 on Tuesday, 26-2.

Arizona DUI Lawyer - Ed LossFree DUI Case Evaluation


. About Lawyer Ed Loss
. Arizona DUI Frequently Asked Questions
. Prevent Your DMV License Suspension
. Selecting the Right Attorney
. Sample Cases
. DUI Publications & Articles
. Free DUI Case Evaluation
. Client Testimonials

Contact Ed Loss
Phone: 623-931-6362
 

Name:
E-Mail:
Phone:
Comments:

. DUI Attorney Fees
. Field Sobriety Tests
. Blood Alcohol Calculator
. Arizona DUI Court Information
. Phoenix Blood Test Information
. Breath Testing Information In Scottsdale
. Arizona Drunk Driving Defense
. Arizona DUI Laws
. Extreme DUI Penalties
. DUI Links
. DUI Seminars
. Contact Us / Directions

Sen. Jorge Garcia, a Tucson Democrat, said he voted no because the bill is "overbroad, especially if it's your first offense." Sen. Marsha Arzberger, D-Willcox, also voted against it.

The bill also would create a new category of extreme drunken drivers who have a blood-alcohol content over 0.20 percent. They would have to spend 45 days in jail with no time suspended.

Waring also sponsored Senate Bill 1252, which Napolitano signed into law last week. It will require extreme offenders with a blood-alcohol content over 0.15 percent to spend a full 30 days in jail.

"We're going to have some of the toughest laws in the country now," Waring said.

Rep. David Schapira, a Tempe Democrat, proposed the interlock provision that was added to Waring's bill. The House passed the bill overwhelmingly, 54-2.

Glynn Birch, the national president of Mothers Against Drunk Driving, praised the Arizona legislation when he was in the state recently.

"We're talking about saving lives," he said. "To see Arizona make this decision so quickly, it's a momentous occasion."

Birch said MADD wants every state to pass similar laws.

New Mexico has set the precedent for requiring ignition-interlock devices for all DUI offenders since 2005. But the implementation of the law hasn't been smooth in New Mexico. For example, in the county where nearly half of DUI cases are prosecuted, about 40 percent of drunken drivers tell the court they don't have a car and aren't going to drive, which exempts them from being ordered to have an interlock installed.

Those who lie to the court and continue to drive without an interlock are committing a crime but are prosecuted only if they are caught.

"They're taking a risk if they do that," O'Connor said. The courts now are starting to look up motor vehicle data to check vehicle registrations, she said.

The interlock devices have built-in features to prevent tampering, said Chick Richardson, owner of Advantage Interlock, one of the six companies that provide interlocks in Arizona.

A driver's breath is tested before the car will start, followed by intermittent tests while the car is running. That is to make sure a sober person does not start the car for the impaired driver, he said. The standards for devices vary, but the tests could come about 10 minutes into the drive and then every 30 or 45 minutes.

Some devices recognize drivers by the sound of a hum they're required to make while blowing, Richardson said. It's not possible to use a compressor or air from a balloon to trick the machines, because they're calibrated to detect bogus air.

"All of these are very effective means of deterring that," Richardson said.

Offenders are required to have the interlocks on all vehicles they drive. Weigele of the Arizona Licensed Beverage Association pointed out that an employer would probably squawk at having an interlock device installed on a company vehicle, which could put an offender's job in jeopardy.

In Arizona, some companies waive installation fees and charge a monthly fee of $60 to $75, Richardson said. Drivers visit the company every one or two months to have information downloaded to the MVD.

This information is courtesy of http://www.azcentral.com/

 

Browse Pages By Topic:
Page 01 Page 02 Page 03 Page 04 Page 05

DISCLAIMER:   The foregoing is not to be construed as legal advice to or for any specific individual. Always seek the advice of counsel for specific legal problems.

Hail Mason!

© 1998 - 2006 Edward A. Loss, III, Arizona DUI Attorney and Counselor at Law.
All Rights Reserved.

America 's Top DUI & DWI Defense Attorneys