Can I get a DUI in Arizona on an Electric Bike or Bird Electric Scooter?

Arizona Law Revised Statute Title 28-101 governs electric bikes and scooters on Arizona highways. The law states that operators must carry a valid driver's license with an additional motorcycle qualificationto drive an electric bike or gasoline-powered scooter in Arizona. Due to the relative size of the electric bike or scooter compared to the weight of a car or truck, bikes and scooters are far more dangerous. Driving under the influence of alcohol or controlled substances is frequently a contributing factor in motor bike collisions. Almost half of all motorcycle accidents occur while a car or truck is turning left. The vehicle making the left turn is usually liable for the accident, but contributory negligence on the part of the biker can mean the cyclist has to pay for damages to the vehicle which hit him. 

Why You Need an Attorney if Charged with a DUI on a Electric Scooter or Bike

If you're involved in any kind of accident while driving an electric bike or scooter under the influence of drugs or alcohol, you need a staunch experienced criminal defense attorney who can help you get your bail reduced. Our defense attorney may be able to get your charges reduced to a misdemeanor DUI charge. If you or anyone else was injured in the accident, our AV-Highest Rated Preeminent Super Lawyer can help you preserve your rights. Our Arizona criminal defense attorney may be able to get your felony aggravated or extreme DUI charges reduced. Aggravated DUI means driving under the influence without a valid driver's license or on a suspended or revoked license. In Arizona, Extreme DUI meansyou were driving your motor bike or scooter while you were too drunk to even walk. Our criminal defense lawyer can help you in both criminal court and in agency hearings. 

Electric Bikes or Scooters 

By definition, electric scootersinclude motorized units such as Segway electric mobility devices, which are two wheel motorized scooters, and motorized wheel chairs. Segway electric scooters carry one pedestrian 15 miles per hour. Electric mobility scooters and wheel chairs require no registration or insurance to traverse private property, sidewalks, and crosswalks. The scooters are governed by Arizona pedestrian law. 

Mopeds, motorized bikes, and motor cycles with engines under 100 cc or 5 horsepower may have pedals, but they reach speeds of 25 miles per hour when their engines are running. A driver's license, vehicle registration, and insurance are required to operate one of these motorized bikes on the road. Unlike larger motorized bikes or scooters, you have to get pass a motorcycle skills test to earn a "J" classificationon your driver's license which restricts you to motorized bicycles with engines less than 100cc. Additionally, you may not operate a moped at speeds greater than 35 miles per hour. 

Bicycles have two or three wheels and must follow Arizona motor vehicle laws. Bicycles are human powered or motorized. No one may ride any bicycle on a sidewalk intended for pedestrians. After dark, all bicycles must have a white front light and a red reflector on the back. 

Motorcycle Operator Manual 

The Arizona Department of Transportation Motorcycle Operator Manualexplains driving under the influence (DUI) of alcohol or controlled substances on an electric bike or scooter. If an officer stops you because he suspects you are driving under the influence of alcohol or illegal drugs, he will offer you a Breathalyzer test or a urine test. Your Arizona driver's license is implied consent to take the sobriety test. If you refuse to take the test, your driver's license will be suspended immediately. A blood alcohol concentration (BAC) of .08 or more is driving under the influence. If a Schedule I, II, III, IV, or V controlled substance is detected in your urine, you were driving under the influence. Teenagers are driving under the influence if even a minute amount of alcohol is detected on their breath. The police officer uses the test results as evidence in criminal court. 

What Happens After a Non-Extreme First DUI Offense?

If you have been arrested for a non-extreme first time DUI, it most likely will be a misdemeanor charge. However, this charge still caries hefty fines and penalties. To start with, you are facing a minimum of 10 days in jail, upwards to 6 months in jail. Following the jail are the hefty fines. You can expect to pay on average not less than $3,500 (not including increased insurance rates!). To add, you will have to install an ignition interlock device on your car. Your driver's license will be suspended, and your reinstatement fee will be high at the end of your suspension period. You will also have to attend a substance abuse treatment program and perform community service. 

What Happens After a Second DUI Offense in Arizona?

Your second DUI arrest results in at least 90 days in jail and a $3,000 fine. You'll lose your driver's license for at least one year, and you'll have to attend outpatient substance abuse treatment. You'll have to install an ignition interlock device on your vehicle. The ignition interlock device is a Breathalyzer-like device connected to your car's ignition system. You must blow into the device to start the car. If alcohol is detected on your breath, you will not be able to start the car. 

What is a Hardship Driver's License?

If you can demonstrate a need to drive to and from work or to and from doctor's appointments, you may qualify for a reduced "wet reckless" charge and a hardship driver's license.You'll be required to blow into an ignition interlock system, but you'll be allowed to drive to and from work to financially support yourself and your family. 

What is the First Step to Take after Arrested for DUI in Arizona?

Being arrested for DUI can be intimidating and confusing on what actions to take next. Contact DM Cantor for a free initial consultation if you were arrested for driving under the influence of illegal substances or alcohol in the State of Arizona. Our criminal defense attorneys will help you preserve your rights. Our firm is rated within the top one percent within the National Association of Distinguished Counsel. David Michael Cantor also ranks within the Top 100 of the American Society of Legal Advocates. Our defense lawyers can represent you anywhere within the State of Arizona. 

What to do if Pulled Over by Glendale DUI Task Force

DUI Task Force in Glendale, Arizona  

Arizona is proactive in its prevention of DUI related accidents and deaths. In doing so, the state has established 16 DUI different task forces located around Arizona in strategic cities. Glendale, Arizona has one of these in its Department of Public Safety DUI task force. This cross-agency endeavor includes local, state, and federal law enforcement officers. 

The purpose behind such task forces around the state is to ensure that roads in Arizona are safer for travelers. It is no coincidence that a lot of these deployments happen on the big celebrating holidays. An unfortunate side effect of such holidays is that they lead to many more than usual impaired drivers using the road. In the battle to stop such drunk drivers from hurting themselves and other people, the DUI task forces are a formidable weapon. Arizona effectively uses a combined force of Glendale police agencies, the Department of Public Safety, county sheriff departments, and university, tribal, and park police departments to ensure that their net catches those driving under the influence. 

In Legal Terms, What is A DUI in Arizona? 

Arizona defines impaired driving as a DUI "driving under the influence." Some other states call this a DWI "driving while intoxicated." In many cases though, you will hear DUI and DWI referred to as if they are the same thing. 

According to David Michael Cantor, a DUI Specialist from DM Cantor, DUI laws in Arizona are strict. They make it illegal for any person to operate a vehicle in the state while intoxicated. These are the official state regulations: 

• No BAC blood alcohol concentration equal to .08 percent or higher is allowed
• No driving permitted under any impairment whether from alcohol or drugs.
• No driving period if you are less than 21 years old under the state's "not a drop" laws, also known as the "baby DUI" law

Can You Get A DUI While Not Driving? 

It is also possible to obtain a DUI in Arizona without technically driving a vehicle. This is because you are considered to be in "actual physical control" in a car or motor vehicle if you have any drug or alcohol influence equal to .08 percent or higher and you even appear to be driving. When you are sitting in a car behind the wheel and move the vehicle to another parking place or out of the driveway, this is considered operating the vehicle. The reasoning behind such strict regulation is to prevent drunk driving before it officially begins. 

The judge and jury have discretion in the interpretation of what constitutes motor vehicle control. Some of their considerations of meeting such a standard include the following:  

• where was the ignition key?
• was the car running?
• where was the person sitting when stopped?
• were the headlights of the car on?
• was the driver sleeping or awake?
• was the vehicle legally parked or stopped on the road?

The fact is that all situations will be different. This is why you should talk with a highly experienced Glendale DUI Lawyer if you find yourself accused of physical control driving under the influence. 

What About the Defense of Sleeping It Off? 

If your defense is that you were sleeping off the state of being drunk in the car, then you may have a case in Arizona. When you can prove that you were not physically controlling the vehicle but were merely sleeping it off, this is a relevant argument. Juries would have to determine: Were you as driver utilizing the vehicle for shelter purposes or did you represent a public threat through imminent or current control of the vehicle as an impaired individual? 

First Versus Second and Third DUI Penalties 

Prior convictions for driving under the influence determine the severity of the penalties, along with the amount of BAC. First DUIs possible sentences range from minimally 10 days in prison (with a potential suspension of all but the first 24 hours) to minimally 45 days in jail (with only 14 days served with the installation of an IID). Fines range from at least $1,480 to at least $3,250. They suspend licenses for 90 days in first DUI offenses as well in the state of Arizona. 

Second and Third DUI's receive significantly harder punishments in Arizona. With second DUI's, you can expect to receive from minimum 90 days in jail to 180 days in prison. The fines range from at least $3,000 to minimally $4,250 depending on how impaired the driver is. Arizona also revokes your license for at least a year (with possibilities for gaining restricted licenses after 45 days with an IID). 

Third DUI's the state considers felonies. They come with minimally four months in prison, two year IID requirements, and license revocation for a year. There would also be $4,000 in assessments and fines. 

The state also requires all drivers who become arrested under a DUI to agree to either breath or blood test. The "implied consent" laws make such procedures mandatory. If you refuse to perform such a test on command, the state will suspend your license for from one to two years. 

What Are First DUI Arrest Consequences Exactly? 

You are not ruined by the first time DUI arrest. Yet you should be prepared to do some short jail time and to lose driving privileges while paying a fine. The premiums on your car insurance will skyrocket when you receive your license again. 

Getting pulled over for driving while under the influence of alcohol or drugs allows for the chance to determine you are innocent. This will be decided by the officer who administers the sobriety test. It might be you must walk a straight line. Refusing to take the test means an immediate suspension of your driver's license. 

Is It Possible To Have Your DUI Charges Reduced? 

The answer to the question about clemency with DUI charges depends on the circumstances involved. In cases where you have injured other people or even endangered children in a driving under the influence scenario (for alcohol or drugs), you should expect severe criminal charges. With first DUI cases that involve an accident but no serious injury of others or endangerment of children, it is possible for a good Glendale DUI Lawyer to potentially reduce charges or bail. Our attorneys are able to represent you in traffic, criminal, and civil court in an effort to reclaim your freedom and rights. This would make it possible for you to go back to your normal routine and daily life with your friends and family.

Getting an Out of State DUI in Arizona While on Vacation

Never a sight you want to see. Getting pulled over by the police while on vacation.

Why it is important to speak with a Phoenix DUI Lawyer if pulled over on Vacation

Vacation is supposed to be a great time when you get to relax and enjoy yourself. Part of enjoying yourself may include dining out and having drinks, whether over dinner, in a bar, among friends or even on the lake. But when cocktails are part of your travel plans, you should consider that local laws can be much different from the laws of your home state.

Arizona is one of the best states in the country for driving conditions. But it also has some of the strictest DUI laws in the United States, when it comes to driving under the influence. These laws are frequently used over holidays such as New Year’s Eve, Memorial Day, Fourth of July and Labor Day. Because these are days when most Americans get behind the wheel after having alcohol.

In fact, according to the U.S. Department of Transportation, three people are killed in the United States due to a drunk driving accident every two hours, regardless of day of the week or time of year. Such accidents can be catastrophic for all involved, leading to serious injuries and property damage, when fatalities do not occur.

You may think while you are on vacation in Arizona, dui laws will be gentler on you because you are a “tourist.” But that is simply not the case. There is no flexibility for drinking and driving in the state, even for visitors enjoying their time off from work and home life. Tourists can still be charged with DUI and will still have to handle their court matters. If you decide to drive after having some alcoholic beverages, you must be prepared to suffer the consequences of that decision.

HELP! I Have Been Charged With DUI in Scottsdale, AZ

When you are charged with a DUI, you can breathe a sigh of relief if you were not caught in Arizona. With some of the toughest DUI laws in the nation, Arizona is not the place you want to fight a DUI charge.

In the unfortunate event your case is in Arizona, you need the best DUI lawyers in Scottsdale.

Post-Conviction Realities

A DUI conviction can haunt you for a very long time. It stays on your driving record for five years. At best, this increases your insurance rates. At worst, it can make you uninsurable or interfere with your ability to obtain employment that requires a clean driving record.

Then there is the criminal aspect.

Explaining Field Sobriety Tests in Arizona

Common Field Sobriety Tests

If a police officer stops you and believes that you are driving under the influence (ARS 28-1381), they may ask you to complete field sobriety tests. There are five different tests that are commonly given to people in Arizona, only three of which are standardized. When a DUI lawyer works with a client who is charged with a drunk driving offense, one of the things they will do is review any field sobriety tests to which their client submitted. Here are some common questions and answers about field sobriety tests often asked of a Phoenix DUI lawyer.

1. What are field sobriety tests?

Field sobriety tests are a battery of assessments derived from those developed by the National Highway Traffic Safety Administration, or NHTSA. Of the tests that are commonly given in Arizona, only three are standardized. Standardized field sobriety tests, or SFSTs, are those that are considered to be reliable according to the NHTSA. The SFSTs include the following:

• Horizontal gaze nystagmus, or HGN
• The walk-and-turn
• One-leg stand