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The Many Roads to an Arizona DUI

Arizona DUIEveryone should know that driving under the influence is illegal, and most people know if they take the blood alcohol concentration (BAC) test and blow .08% or over they will be charged with a DUI. But did you know that’s not the only way you can be charged with a DUI?

In Arizona, as in many states, all that has to be proven for you to be charged with an Arizona DUI is that you were impaired to the slightest degree. That means that even if your BAC is below .08%, you can still be charged with a DUI. If you had just a drink or two after work and on your drive home you drift left of center and get pulled over, you may be charged with an Arizona DUI, because while your BAC might be under the legal limit, you are exhibiting signs of impaired driving.

When you blow at or over the legal limit of .08% you will be charged with an Arizona DUI. There’s also an Extreme DUI charge for those who blow over .15% BAC. If you blow over .15% and are convicted of a DUI, your penalties will be increased exponentially. Also, if you happen to be a CDL driver, you should never drive after drinking because a BAC of .04% is enough to get you charged with a DUI and you will lose your license and livelihood.

For the teens out there, Arizona has a zero-tolerance law. If you blow anything over a zero, you’re going to be charged with an underage Arizona DUI and you will not get off lightly.

So, you’ve been pulled over, charged with a DUI, probably had your license administratively suspended, now what? Penalties are harsh for Arizona DUI offenders, you should find a good attorney who can advise you on the available options. Arizona is a mandatory jail time and ignition interlock device state, so having a professional on your side to help mitigate the penalties is important.

Avoid Men, Avoid a DUI?

Avoid men Avoid DUIHe says, she says? More like he’s there, she drinks… for better or for worse! Recent findings by the world of science show that women drink more alcohol while in the presence of men. Why? Biology and social expectations, science explains. The perceived link between alcohol and sex increases a woman’s alcohol intake when she is around men, either from the perspective of “getting in the mood” to “I’m going to need a drink to deal with this guy.” From what we can glean, that means that the rising numbers of women with a DUI are all because of men, and in that case, the best way to avoid a DUI is to stay away from men.

Just kidding. Mostly.

Women are finding themselves in more DUI troubles than ever for a similar reason: marketing. More types of drinks, like low-calorie wine or “skinny” cocktails, are being marketed to women. Women are also more openly discussing their drinking habits, with the Internet making it a lot easier to admit to that half-a-bottle-no-a-full-bottle-of-wine evening habit.

Much like the long-ago ads that showed woman’s sexy, red lips puffing on a cigarette, today’s sexy bad habit is drinking. So, what’s a girl to do? Stop drinking and get back in the kitchen?

No, obviously not. Women earn their right to a drink after a tough day, just as much as any man. However, women do need to be educated about drinking and what is being sold to them, wrapped up in that “sexy” bow.

  • On average, a woman cannot metabolize alcohol at the same rate as a man. Two drinks may not phase the dude at the bar, but that second glass of wine may make female heads spin, and not in the sexy way.
  • If you are only drinking “light” or “low-calorie” drinks, you are still consuming alcohol, even if at a slightly lower percentage. Skinny drinks tend to make us think we can have more than we would normally, which leads to more alcohol (and more calories, probably). Certain drink mixers (diet sodas, for example) actually increase the intoxicating effects of alcohol, too.

The answer here is not to avoid men to avoid a DUI. Just be smart. If you are drinking, listen to your body. Quit drinking while you are ahead so you can avoid the long-term effects of too much alcohol. Have a safe ride ready if you are drinking, avoiding the short-term problems alcohol often delivers. There is nothing sexy about drunk driving,

Can You Get a DUI on a Snowmobile?

DUI on a snowmobileWhen we have plans to drink with our friends, we try our best to have a safe plan to get home. Generally speaking, that means we are not going to drive our own vehicle, but rely on friends, Uber, or some other person to get us safely back in bed. For some, that commitment to safe driving does not always apply to other types of vehicles. In some states, you could face a DUI on a snowmobile just for enjoying the wintry fun of the season.

Not all states have specific DUI on a snowmobile laws. That does not mean you cannot still be charged with a DUI.

In states like Colorado, Illinois, Nebraska, and Wisconsin, there is legal code that defines a DUI on a snowmobile (usually at a lower BAC than a DUI on a regular vehicle, by the way). Those states and others are renowned for their winter sports activities and have had to face the destruction of an intoxicated driver who is not driving a car but speeding across large expanses of land, endangering others.

Other states may not have the same concerns in terms of the number of DUI on a snowmobile problems. Florida obviously has little need for a law that specifically addresses the danger. But, like California, there are provisions in the definition of a “vehicle” that can apply to a snowmobile… just in case that ever happens.

Essentially, if you are drinking alcohol and think you are okay to operate or drive any type of vehicle, perhaps you should think twice before you actually do so. Not only are you endangering others, but you could face the same penalties (like an ignition interlock requirement on your car, truck, or SUV) if you are convicted of driving any type of vehicle while under the influence of alcohol.

Missouri DWI Diversion: SIS Probation for First Time Offenders

Missouri DWI Diversion SISYou’re out with your friends, having a good time, and you lose track of how many drinks you’ve had. What do you do? Based on the way you feel, you think you’re just fine to drive, so you get in the car to go home. But, it turns out that you’re not. The next thing you know, you’re being arrested for a DWI and you might have just changed your life forever.

However, there are many programs available for those first-time offenders who may have just made a mistake that will never be repeated. Missouri first time DWI offenders have the option of SIS (Suspended Imposition of Sentence) probation offered to them if they meet certain conditions. SIS probation occurs when a defendant either pleads guilty or is found guilty of a criminal offense then is placed on SIS probation for a fixed period of time. If the offender successfully completes the probation requirements and time period with no new criminal charges, an SIS will not result in a conviction that shows on a criminal record.

Once a Missouri DWI offender pleads guilty to the misdemeanor charge, they may be placed on two years of SIS probation. This probation may be a bench probation which is supervised by the state or supervised by a private probation agency. In most cases, the court will also require that the offender completes certain programs and requirements by specified dates. In the case of a Missouri DWI, the requirements can include things such as SATOP (Substance Abuse Traffic Offenders Program), VIP (Victim Impact Panel), ADEP (Adolescent Dependency Education Program) for those that are underage, installation of an ignition interlock device, driving school, or many other options that are available to the court.

If you are a first time Missouri DWI offender, checking out your options for SIS probation is essential. This type of probation allows you to move forward with your life with a clean record and to remain a law-abiding citizen. The best scenario is to avoid needing such assistance by calling for a cab, but if the worst occurs, be sure you are aware of all of your options when convicted of Missouri DWI.

DUI Do-Over? Check Out the Mississippi DUI Diversion Program

Mississippi DUI DiversionIn these modern times of convenient mass transport of quick apps that will send a taxi to your location, it seems almost unforgivable to be arrested for a DUI. However, sometimes we all make mistakes and that is what diversion programs are here for. Mississippi’s DUI Pretrial Diversion Program, also known as non-adjudication, is just such a program that offers a second chance to first-time offenders.

To qualify for this program you have to be a nonviolent offender and cannot be in possession of a controlled substance upon arrest, nor can you have participated in a diversion program of any kind before. The District Attorney will ultimately decide if you’re eligible for Mississippi’s DUI Pretrial Diversion Program. They will consider the following factors:

  • Whether justice will be served
  • Whether the needs of both you and the State will be better served
  • Whether you pose a risk to the community
  • Whether you’re likely to commit future crimes
  • Whether you will respond quickly to rehabilitative efforts
  • Whether you have any significant criminal history
  • Whether the program has the resources available that you need

If you meet all the Mississippi DUI Pretrial Diversion Program eligibility requirements, you will then be required to meet the program’s conditions within a specified time period. The time period will most likely be around two years. These conditions include:

  • Paying the non-adjudication fee, along with all fines, penalties, and assessments that you would have had to pay if convicted.
  • Attend and complete an alcohol safety education program.
  • Install an ignition interlock device on each vehicle you operate and maintain an ignition interlock restricted driver’s license for 120 days
  • Have no violations of the device
  • Periodic meetings with a probation officer

Once you successfully complete this program, the Court will enter an Order dismissing the criminal case with prejudice, this means that the charges can never be brought up again. You will also qualify for expungement of any record of the charge, meaning that it will look like the arrest and charges never occurred.

Dry January Check-in: How is the DUI-Free Life?

dry January DUI preventionAfter the holiday fervor ends, many people decide that the only way to reclaim their hold on their healthy habits (and their liver) is to “dry out” in January. Dry January is the ancient practice of spending 30 days not drinking alcohol, reducing consumption, or being mindful about how much alcohol is being consumed.

Just reducing your alcohol intake by skipping one day can have amazing health benefits.

According to the U.S. Department of Health and Human Services and U.S. Department of Agriculture, moderate drinking is up to one drink per day for women and up to two drinks per day for men. Heavy drinking is defined as binge drinking (four drinks for women or five drinks for men in around two hours) five or more days in a month’s time.

Heavy drinking is also defined as having more than eight drinks within a seven-day period for women, or 14 for men. If that sounds like your holiday season, no wonder Dry January was your first (and perhaps most important) resolution this year. To make things a little clearer, it can take as few as two drinks in an hour for a person’s blood alcohol concentration (BAC) to reach or exceed the legal limit for DUI in most states. Even a moderate drinker or an occasional drinker can be at risk for a DUI, ignition interlock requirement, or worse.

Most people do not go into a Dry January commitment without a good reason. If your holiday celebrations got out of hand, or if you are just trying to make healthy choices in the new year, abstaining from alcohol is one of the best steps you can make. Plus, you can take it a step further and be a designated driver for your friends! Your body and mind will feel better and you get the added bonus of increasing safety on the streets. That’s a Happy New Year!

Alcohol and Antibiotics: More than a DUI Risk

Alcohol and antibiotics and DUI oh myWhen we get sick, we often turn to medical intervention to speed up our recovery. Whether we have a cold, the manflu, or something serious, getting better is essential to our mental health. We have bills to pay and a tissue-free life to lead. Taking antibiotics has some risks that are not always understood, while reaching for a hot toddy may seem instinctual. Combining the two, alcohol and antibiotics, can not only be an overload for your liver, but it can also increase your DUI risk once you get on the road to better health.

There are risks involved with drinking alcohol when you have a cold or other seasonal illness. If you have an ignition interlock, you could be faced with a new DUI charge, or at least an interlock violation, all because of the alcohol in the medication you have taken. At the same time, combining alcohol and cold or flu medications can increase the effects of alcohol. Also, anyone with a cold, flu or sinus problems may already have problems with driving, due to sleepiness or congestion issues. Adding alcohol on top of that could be a DUI risk leading to a DUI reality.

When it comes to alcohol and antibiotics, medical professionals warn of the possibilities of harming your liver. Both alcohol and antibiotics require the liver to metabolize the drug in each product. Mixing them together can create problems for the liver, leading to a slower recovery time from the initial illness, as well as the sluggishness and dehydration from alcohol. Plus, the antibiotics can take a longer time to work, delaying the effectiveness of the medication.

As with any type of DUI risk, err on the side of caution. The best way to avoid a DUI and heal quickly from any illness is to stay off the roads and rest. The day or two you take for yourself will reduce any DUI risk, and increase the effectiveness of any type of medication, antibiotics, or even that yummy hot toddy (consumed in moderation, of course) and before you know it, you will be back in the driver’s seat.

Staying Sober and the Texas DWI Diversion Program

Texas DWI diversionDiversion programs are gaining popularity in the United States as a way to deal with first-time, non-violent offenders. They are proven to be very effective at reducing recidivism or repeat offenses. These programs also spare counties the expense of a trial and/or the time the offender would serve in jail. All of these things make diversion an attractive prospect across the nation.

The Texas DWI diversion program is considered a pretrial diversion program. To qualify for the program you have to meet the following requirements:

  • No prior DWI or alcohol-related arrests.
  • A valid driver’s license.
  • Attend school full time or have a full-time job.
  • Submit to a urinalysis that shows you are not consuming non-prescribed drugs or alcohol.
  • Compose a letter of remorse and admit a guilty plea.
  • Provide three recommendation letters.
  • No open containers in the car at the time of arrest.
  • Blood alcohol concentration (BAC) level under.1 percent.

If you meet these requirements you will then need to pay a fee, participate in an alcohol education program, and use an ignition interlock device for at least half of your one-year driver’s license suspension. If you complete your pretrial diversion requirements, your DWI will be dismissed after one year and you can then request for it to be expunged from your record after two years.

The Texas DWI diversion program has undergone many changes in recent years and getting current and accurate information can be difficult. Your best plan is to contact a qualified attorney in the county that you received your DWI in so that you are certain to have the most up-to-date information and take all the correct steps to mitigate the impact of your DWI.

If you make the mistake of driving under the influence in Texas, don’t think it’s hopeless. You may qualify for the Texas DWI diversion program and you can make restitution and then move forward with a second chance at a law-abiding life.

How to Qualify for the New Mexico DWI Diversion Program

New Mexico DWI diversion programPretrial Diversion programs for first time non-violent offenders are increasing in popularity as more evidence accrues supporting their effectiveness. Most states have some sort of diversion program to give those offenders who have genuinely just made a mistake an opportunity to make amends without carrying a criminal record around for the rest of their lives. The New Mexico DWI diversion program is no exception to this rule.

There are many requirements that you as an offender and the crime you committed must meet to even qualify for the Mexico DWI diversion program and several steps you must take for successful completion. It is well worth the effort, as you get a fresh start with either a clean record or a severely reduced DWI sentence.

Participation in the New Mexico DWI diversion programs are governed by the county or district in which the crime was committed, so check with the clerk of courts first to even see if there is even a program available. Once you have determined there is a program available, you must retain a defense attorney to be eligible to participate.

Some of the New Mexico DWI diversion program requirements include:

  1. Participation in the program for an average of 18 months; it can be as short as 12 months or as long as 24 months.
  2. Reporting to the PPD Program officer twice each month or as instructed and keep all appointments.
  3. Paying restitution to the victim.
  4. Completing 80 hours of community service work.
  5. Counseling or other treatment programs.
  6. No further DWI or alcohol-related offenses are committed.
  7. Attending a prison tour.
  8. Random alcohol testing (blood, breath and/or urine).
  9. Maintaining employment and/or attending school.
  10. No excessive consumption of alcohol.
  11. Not possessing any firearms or other deadly weapons.
  12. Abide by any additional, reasonable conditions that are deemed necessary.
  13. Ignition interlock installation and maintenance.

If you successfully meet all of the New Mexico DWI diversion program requirements, the district attorney will dismiss all of your charges and you will have a second chance with a clean slate to prove yourself as a law-abiding citizen. This is an excellent opportunity for offenders to redeem themselves and maintain their standard of living for a crime that can be seen as a one-time mistake, never to be repeated.

DUI Dilemma: Would You… Drink at a Funeral?

funeral-candles-tulipsEveryone processes emotional events in their own way, and when it comes to the death of a loved one, there is a spectrum of expected reactions to that person’s passing. Having a drink to cope with emotions, or in celebration of a person’s life is pretty common, but an Indiana funeral home has us wondering about a new DUI dilemma. If offered, would you drink at a funeral?

Alcohol is being paired with painting or yoga classes, at libraries, and even gun ranges or go-kart tracks, increasing the opportunities for socialization – and a DUI.

Having one drink is not going to be enough to cross the national DUI blood alcohol concentration (BAC) limit of .08 percent. However, any amount of alcohol that is detected during a DUI can be used in a court trial, especially when the driver was caught driving erratically or dangerously. Emotions run high during and after a funeral, so even if you are not drinking while at the event, be aware that your emotional state may be haywire for quite some time. The last thing you need is the grief of losing a loved one and the regret of a DUI in the days that follow.

The obvious DUI dilemma with drinking at a funeral is that when people are experiencing difficult emotions, they may drink more alcohol than normal. Drinking alcohol and then driving is the number one cause of a DUI, ignition interlock requirement, or much worse consequences. By offering alcohol during a funeral service, there is an inherent risk to those who are grieving, and to anyone else on the road. However, if common sense is practiced and anyone drinking at a funeral has a safe ride home, raising glasses in a toast during a final send-off can be a touching tribute to a person who may have always seen their own cup as half full.

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