The Arizona Legislature is hard at work this year trying to make Arizona DUI Law, which is already the nation's most punitive, a little tougher. This is the first in a series of articles examining the proposed legislation and discussing how it will impact the prosecution and defense of drunk driving in Arizona.
One thing is certain, Arizona DUI law is already mind-blowing in the amount of jail time imposed when compared to every other state in the country. For example, a first time offender must be sentenced to a 45 day jail sentence if their alcohol level is 0.20 percent or higher. Some states still don't mandate any jail time at all for the identical offense.
In the latest legislation, Arizona Senate Bill 1069 will do several things. Most of the bill will be addressed in future articles. For the purpose of this article, we will look only at the impact the law would have on people with DUI convictions.
A little background first. In Arizona, every DUI conviction results in the the requirement of an ignition interlock device, which is a breath test machine attached to the ignition of a vehicle. The device contains a sensor that detects breath alcohol. If alcohol is present, the device prevents the vehicle from starting.
Opponents of ignition interlocks argue that it is hard to police, and the a lot of people drive without them. Right now, it is a crime to drive without one if you are ordered to have one in Arizona. However, under the new law, it would make it very risky to try.
Should 1069 become law, any person who is convicted of DUI or who refuses to submit to a blood alcohol test while they are required to have an interlock device installed will have to serve a minimum sentence of 4 months in jail.
"The danger of this law is that it's a lot easier to allege that a person refused to take a chemical test than it is to convict them of DUI," said Arizona DUI Attorney Stewart Bergman. "At the very least, it opens the door to potential abuses. For example, there are many cases where it's not so clear that a person is refusing to take a test. There are medical reasons that might look like the person is not cooperating when they are, in reality, physically incapable of providing a sample. Other people just don't understand their rights."
Other DUI defense lawyers agree. It puts a lot of power into the officer's hands. Allege that the person refuses, and they have an uphill battle to avoid 4 months in jail.
The law will effect everybody required to have an interlock device, even underage persons.
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