| DUI LAW |
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| Q: |
What are reasons a police officer might stop a suspected drunk driver? |
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1. Turning with wide radius.
2. Straddling the center line or lane marker.
3. Appearing to be drunk.
4. Almost striking object or vehicle.
5. Weaving.
6. Driving on other than designated roadway.
7. Swerving.
8. Slow speed (more than ten miles per hour below limits).
9. Stopping (without cause) in traffic lane.
10. Following too closely.
11. Drifting tires on center or lane marker.
12. Braking erratically.
13. Driving into opposing or crossing traffic.
14. Signaling inconsistent with driving actions.
15. Slow response to traffic signals.
16. Stopping inappropriately (other than in lane).
17. Turning abruptly or illegally.
18. Accelerating or decelerating rapidly.
19. Headlights off. |
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| Q: |
What is DUI? |
| A: |
DUI is a crime a person commits if he or she drives a motor vehicle in a public place while intoxicated. |
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| Q: |
What does intoxicated mean? |
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Intoxicated is defined in two ways: First, a person is intoxicated when he drives and, when, through the use of an alcoholic beverage, drug, controlled substance, or any combination thereof, has lost the normal use of their faculties and is impaired to the slightest degree. Second, a person is intoxicated when he drives and has an alcohol concentration of .10 or more in his body. If the alcohol concentration is above .18, there are enhanced or aggravated penalties. |
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| Q: |
What does .10 alcohol concentration mean? |
| A: |
It is defined as the number of grams of alcohol per 100 milliliters of blood; the number of grams of alcohol per 210 liters of breath; or the number of grams of alcohol per 67 milliliters of urine. |
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| Q: |
What is breath testing? |
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Breath testing is done by a machine called an intoxilyzer It is supposed to work on the basis of infrared light absorption by alcohol detected in a person's breath. According to the manufacturer and the Arizona Department of Public Safety, the machine determines alcohol concentration by subtracting the amount of light absorbed from the person's breath sample and then compares that amount to the amount of light originally introduced into the breath sample. |
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| Q: |
What are the problems with the fairness of the intoxilyzer? |
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First, the DUI alcohol concentration law says a person is intoxicated when he has a .10% concentration in his breath, but, it does not say .10% by intoxilyzer. Thus, no judge or jury is required to believe an intoxilyzer result of 10% is accurate or reliable. Second, the manufacturer says it does not warrant the intoxilyzer is fit for any particular purpose, which is an admission by the manufacturer that its machine is not warranted accurate or reliable for alcohol testing. Third, the intoxilyzer's working design is premised on the assumption that every person tested is average in terms of weights, sizes, muscle tones, ages, lung capacities, alcohol tolerances, temperatures, hematocrit. If these assumptions are untrue, then a person can be labeled as guilty even when the assumptions are not accurate as to them. Fourth, neither the manufacturer nor the DPS will allow anyone, other than law enforcement personnel, to test either the machine's accuracy or its reliability. It is generally understood that for a procedure to be accepted as accurate and reliable in science, it must be open and available for the scientific community to test and retest the procedure. Fifth, although the intoxilyzer is capable of breath preservation, the DPS has decided to toss out this crucial evidence. The cost of preservation would be less than $2.00 per test, and would allow an opportunity for the person charged with DUI to check the accuracy of the sample. Yet, DPS will not permit this. |
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| Q: |
What are the penalties for DUI? |
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They are serious and normally involve jail time. There is more jail time if you are above .18, or if it is a second or third offense, or if there was an accident or injuries, or if death occurred. There is also a fine and driver's license suspension as well as mandatory attendance at a drunk driving school and alcohol screening. A conviction will also cause your insurance rates to skyrocket. |
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| Q: |
Are tests required? |
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Yes, a breath test is mandatory and you can also request a blood test at your own expense. Refusal can result in suspension of your driving privileges for up to one year. The penalties for refusing to submit to the test are actually frequently more severe, as far as driving privileges, than the conviction for a DUI. |
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| Q: |
Are there penalties for refusing the field sobriety test? |
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No. Be very careful before submitting to these tests, as many completely sober people cannot pass them, even if they have not been drinking. |
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| Q: |
Can I refuse the tests? |
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Yes, and an officer only has authority to force a blood sample from an arrested person if there has been an accident where there has been a death, or serious bodily injury. However, refusing to submit to the tests can result in suspension of your driver's license for up to one year. |
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| Q: |
How long will a DUI stay on my record? |
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For up to seven years and it will affect your insurance rates considerably. Therefore, do not drink and drive. |
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| Q: |
What should I do if I am stopped? |
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First, drive your vehicle to the right lane as cautiously and quickly as possible, and continue there until you can either safely park on the shoulder of the road, or in a parking lot. Next, take your vehicle out of gear, shut off the engine, and radio, and turn on your emergency flashers. Act normal. Second, find your driver's license and proof of insurance. These two items will usually be the first things requested by the officer. Third, without acting jerky or mechanical, get out of your vehicle and refrain from using your vehicle for support, either while walking, talking, or standing. Fourth, do not admit to drinking an alcoholic beverage. Last, if you are arrested and transported to the police station, do not perform the sobriety exercises before a video camera unless you are a physically agile person and have read about, and successfully practiced, the actual sobriety exercises. |
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