Arizona DUI Lawyer

Points Received Before A Driver's License Is Suspended

In Arizona, most traffic violations and crimes will effect one's driver's license. While some driving crimes (such as a DUI) carry an automatic suspension, other violations will cause MVD to assess the license with points and may lead to a suspension. Here is a brief overview of how Arizona's point system works:

• 8 - 12 points within 12 months = 3 month suspension
• 13 - 17 points within 12 months = 3 month suspension
• 18 - 23 points within 12 months = 6 month suspension
• 24+ points within 36 months = 1 year suspension.

A driver who accumulates 8 to 12 points may avoid suspension by attending Traffic Survival School. However, if within the previous 24 months the driver already attended Traffic Survival School, this is not an option and driving privileges will be suspended for 3 months.

HOW DOES THE POINT SYSTEM WORK IN CONJUNCTION WITH A DUI?

A DUI conviction causes both a license suspension and the assessment of points. A first offense, misdemeanor DUI will result in a 90 day suspension (with the possibility of a to-and-from work permit after 30 days) and will assess 8 points to the license. But, because a DUI charge is usually accompanied with another traffic violation (for example, running a red light, failing to yield, etc.), a conviction for DUI and the related violation could result in assessment of more than 8 points. Because, under such a scenario, the license would be that much closer to a future suspension, it is important that the driver (or the driver's attorney) negotiate for the dismissal of the related violations.

Other types of DUIs (such as second time, aggravated, and felony) carry different suspensions. Because there are many factors and other scenarios when it comes to figuring out the complicated area of the MVD point system and how it affects one's individual license, the above summary may not apply in all cases.
If you have questions regarding driver's license issues or DUI law, please contact us.

Austin Police Department set to roll out new Bat Bus

Posted on May 1, 2007 by Ken Gibson

The City of Austin has decided to replace their current BAT Bus(Breath Alcohol Test Bus) with a new improved BAT Bus.

The city agreed to buy a breath alcohol testing bus so officers don’t have to make the trip to the county jail.

The new Bat Bus will have to stations for Intoxilyzer 5000s as well as workstations for the officers to review the videotapes of the incident and prepare the offense reports.

Futher, there will be City Marshalls on hand to transport folks who have been arrested to the jail facility. This will allow officers like the one they call “the Machine” to get back on the street faster. The Machine currently holds the record for making 7 arrests in one night.

“Typical, DWI arrest takes between three and four hours,” Austin police Cmdr. Patti Robertson said. “It narrows it down. Takes off 3/4 of that time. They have all the paperwork, turns it over to the officers on the bus.”

DWI has become big business in Austin.

“We are at 800 per 100,000 people for DWI arrests…” Robertson said. “What that means is we are ……the highest in the state for DWI arrests. I think that speaks volumes.” It certainly does.

There are approximately 10 different agencies in and around Austin that are all competing for grant money related to DWIs. The question then becomes, “Could this possibly motivate officer to make more and more arrests?” My belief……ABSOLUTELY!

TABC Targets Austin's Co-Op Bar

Posted on May 1, 2007 by Ken Gibson

KVUE reported that the Co-Op Bar, formerly known as Wylie’s, on 6th Street bar in Austin is under fire from state agents who want it closed. The Texas Alcoholic Beverage Commission alleges that the Co-Op Bar is a public safety hazard.

TABC is reporting that the Co-Op Bar has a history of violations. After a bouncer died in the back in January after a fight outside the club, TABC decided to take action.
TABC believes that the Co-Op is worse than the other bars in the city.

“Several intoxication issues and several issues with minors and breaches of the peace seem to be the recurring problem at this location,” said Lieutenant Robert Saenz, with TABC. Saenz said the agency tried working with the Co-Op Bar, but to no avail. “We feel like this location has had ample time and opportunity to clean up their act. Therefore we are recommending cancellation (of their license) due to their history of serious violations,” he said.

In December 2005, the TABC says an underage employee of the Co-Op Bar, who was drinking on the job, killed a person in a traffic collision when he left work. In May 2006, witnesses told investigators that four bouncers used excessive force when they attacked a patron. Then this past January, a bouncer collapsed and died after a fight in the bar. He died of natural causes. TABC says that the bouncer’s death was the final straw, and decided to take action.

An attorney for the Co-Op Bar responded to the TABC’s allegations late Thursday evening. She said: “The TABC are bullies who are trying to shut the Co-Op Bar down because most of the patrons are minorities. It’s sad and inappropriate to use the news to execute their agenda.”

The cancellation of the bar’s liquor license is merely a recommendation by the TABC. An administrative state judge will have the final say as to whether the Co-Op loses their license.
The frustrating part of this action is that the bouncer died of natural causes. How is that Co-Op’s fault or responsibility. How in the world does that have anything to so with their liquor license. My believe is that in light of TABC’s spanking they received with their over aggressive Public Intoxication campaign, they are getting that itch again to get back in the headlines. I honestly believe that they just can’t help themselves.