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Old 06-20-2017, 01:03 PM
 
Location: Phladelphia area
28 posts, read 151,190 times
Reputation: 17

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I'm currently living in Scottsdale AZ in the Phoenix Metro area for eight months now, till I get back on the Oil & Gas work force somewhere else in the country. I'm an Easterner from the Philadelphia area and hands down Arizona has the toughest laws and enforceable punishments regarding DUI inthe United States. A Law Enforcement Officer in Scottsdale explained to me that AZ has a two tier system to determine driving impairment in AZ, 1. the max. 0.08bac level and 2. an Officers "judgment" of one's driving being impaired.cHe said one can be arrested and jailed in AZ for even blowing a 0.01 bac and meeting the driving impaired criteria?


I've driven in Penna. for about forty years, not one time have I ever been pulledover for perceived DUI impairment, not one time. If you're having a max. 2-3 drinks with a meal over a 2-3 hour period, one should never have a problem in Penna. I'm a 220 pond male, a light drinker when going out and drink alcohol on a regular basis; I enjoy having the free liberty of 'lightly"drinking" in social and friendly restaurant environments for 36 years. I'm fearful to have even "one" drink here in AZ and then drive home after an hour. Like someone told me here, you are a violator of the law when you take that first sip of alcohol.

A month ago a Law Enforcement Officer pulled me over in Scottsdale AZ one Friday night. He was part of the town's DUI Task Force, he pulled me over for what he "perceived" or "judged" my operation of the truck when I was turning from one street to another. When I was pulled over that evening, I had "zero" consumption" of alcohol, zero! The Policeman admitted I was not driving erratically but perceived my turning movement was impaired because I crossed the adjoining lane by one foot when making my turning movement into the turning lane. Bottom line, the Officer saw I was not impaired after talking with me for a few minutes but thought I was driving impaired. If I had any alcohol at all to consume and even just blew 0.01 bac I could have been in real trouble, jail time in AZ for even 1st offense. I was fortunately let go and not cited for a traffic violation. If I drink in Old Town Scottsdale, I always take Uber or walk to the closer local bars in town. I've talked to people here in the Phoenix Metro area who have been arrested and jailed, some even jailed at "Tent City" for blowing well under the 0.08 bac level.



I think the DUI laws of Arizona is all tied in to make money for Arizona law enforcement, for the legal representation industry and for the local court systems, Arizona a REAL SCAM State!!!!

Iwould love to hear from folks in this forum having experiences living in both the Phoenix and Las Vegas Metro Areas and having knowledge of DUI law enforcement between the two states and regions. I'm considering living in the Vegas Metro area for next winter and would like to indulge in some non Strip area fine local restaurant bars of Las Vegas. Thank you!

Last edited by Poncho_NM; 07-03-2017 at 11:57 AM..
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Old 06-20-2017, 03:10 PM
 
1,927 posts, read 1,056,364 times
Reputation: 880
Quote:
Originally Posted by tony_Philly1979 View Post
I'm currently living in Scottsdale AZ in the Phoenix Metro area for eight months now, till I get back on the Oil & Gas work force somewhere else in the country. I'm an Easterner from the Philadelphia area and hands down Arizona has the toughest laws and enforceable punishments regarding DUI inthe United States. A Law Enforcement Officer in Scottsdale explained to me that AZ has a two tier system to determine driving impairment in AZ, 1. the max. 0.08bac level and 2. an Officers "judgment" of one's driving being impaired.cHe said one can be arrested and jailed in AZ for even blowing a 0.01 bac and meeting the driving impaired criteria?


I've driven in Penna. for about forty years, not one time have I ever been pulledover for perceived DUI impairment, not one time. If you're having a max. 2-3 drinks with a meal over a 2-3 hour period, one should never have a problem in Penna. I'm a 220 pond male, a light drinker when going out and drink alcohol on a regular basis; I enjoy having the free liberty of 'lightly"drinking" in social and friendly restaurant environments for 36 years. I'm fearful to have even "one" drink here in AZ and then drive home after an hour. Like someone told me here, you are a violator of the law when you take that first sip of alcohol.

A month ago a Law Enforcement Officer pulled me over in Scottsdale AZ one Friday night. He was part of the town's DUI Task Force, he pulled me over for what he "perceived" or "judged" my operation of the truck when I was turning from one street to another. When I was pulled over that evening, I had "zero" consumption" of alcohol, zero! The Policeman admitted I was not driving erratically but perceived my turning movement was impaired because I crossed the adjoining lane by one foot when making my turning movement into the turning lane. Bottom line, the Officer saw I was not impaired after talking with me for a few minutes but thought I was driving impaired. If I had any alcohol at all to consume and even just blew 0.01 bac I could have been in real trouble, jail time in AZ for even 1st offense. I was fortunately let go and not cited for a traffic violation. If I drink in Old Town Scottsdale, I always take Uber or walk to the closer local bars in town. I've talked to people here in the Phoenix Metro area who have been arrested and jailed, some even jailed at "Tent City" for blowing well under the 0.08 bac level.



I think the DUI laws of Arizona is all tied in to make money for Arizona law enforcement, for the legal representation industry and for the local court systems, Arizona a REAL SCAM State!!!!

Iwould love to hear from folks in this forum having experiences living in both the Phoenix and Las Vegas Metro Areas and having knowledge of DUI law enforcement between the two states and regions. I'm considering living in the Vegas Metro area for next winter and would like to indulge in some non Strip area fine local restaurant bars of Las Vegas. Thank you!

DUIs are the new money-making cash-cow for all of the states. Nobody is drunk blowing a .08, and regardless, the Police/DA can just slap you with a per-se ticket which has similar penalties to an actually DUI and doesn't require a BAC measurement for evidence, only officer testimony. The way the laws are structured now, they only need an officer to say that they thought you were driving drunk, and you are as good as guilty.

The level of penalties are way out of line with the actual crime, having the potential to seriously destroy one's livelihood and career. Text messaging while driving has been proven in studies to be 6 times more dangerous than DUIs concerning alcohol, but an offender will only get fined for it.

The latest movement is to reduce the limit to .05 or lower so practically everyone will be guaranteed to be DUI even if they only have a single glass of wine with dinner. Its also prudent to point out that the body will naturally produce some alcohol after consumption of some foods (such as orange juice) that could cause one to register up to a .02 on a breathalyzer test without having consumed any alcohol at all.

Nevada has an implied consent law as well, so you cannot refuse to blow or take a blood test if an officer requests it, or your license will be immediately revoked without due process, regardless of whether you are ever found guilty or not. This is a flagrant violation of 4th amendment rights.

Last edited by Poncho_NM; 07-03-2017 at 11:58 AM..
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Old 06-20-2017, 03:26 PM
 
13,586 posts, read 13,110,790 times
Reputation: 17786
Your first DUI will cost approximately $10, 000 in fees and fines even if it pled down. You will also lose your license for a period of time. Take an Uber. And I agree with the person above who said that nobody is drunk at .08.

Most of the people that get in nasty accidents have BAC's two times the legal limit or more. Cops call them deuces because they are going to blow.20 or better.
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Old 06-29-2017, 08:47 PM
 
Location: Southwest
2,599 posts, read 2,320,129 times
Reputation: 1976
Quote:
Originally Posted by equid0x View Post
DUIs are the new money-making cash-cow for all of the states. Nobody is drunk blowing a .08, and regardless, the Police/DA can just slap you with a per-se ticket which has similar penalties to an actually DUI and doesn't require a BAC measurement for evidence, only officer testimony. The way the laws are structured now, they only need an officer to say that they thought you were driving drunk, and you are as good as guilty.

Nevada has an implied consent law as well, so you cannot refuse to blow or take a blood test if an officer requests it, or your license will be immediately revoked without due process, regardless of whether you are ever found guilty or not. This is a flagrant violation of 4th amendment rights.

It's unethical for a governmental entity to be motivated by money when writing or enforcing a law. If they are genuinely concerned for the well being of sober drivers, they should give a person guilty of DUI a little taste of county jail.

If people aren't drunk or genuinely impaired at .08, then it's only right they raise it to .10. A couple of decades ago in the east coast state I'm from there was both "impaired" and "intoxicated". Impaired was .05 and intoxicated was .10. If a person was impaired but not intoxicated, it was like a speeding ticket, if I'm not mistaken. I don't know what it is like now.

About the 4th amendment rights being violated, I'm guessing this will go through the courts.

If a first DUI costs a person 10k in fees and fines as a poster notes above, that's nuts unless the person is very drunk.
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Old 06-29-2017, 09:09 PM
 
Location: Lone Mountain Las Vegas NV
18,058 posts, read 10,338,167 times
Reputation: 8828
Practically however I have never heard of a case where a person did not blow .08 or higher being busted unless drugs were expected and the person was obviously blasted.

Once ran a break behind a lady driving in front of me who I presumed was drunk. Had the cops on 911 and rolling units and a helicopter. I kept anyone else from getting near the woman and she got stopped by a couple of cop cars and the helicopter after 7 or 8 minutes of some interesting driving. She turned out not to be drunk. Was having a stroke. She lived but had some damage. So there is some variability even though she was hopeless at driving,
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Old 06-29-2017, 09:52 PM
 
4,862 posts, read 7,960,190 times
Reputation: 5768
Now add weed to the mix in Nevada?
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Old 06-30-2017, 12:17 AM
 
Location: Tucson/Nogales
23,212 posts, read 29,023,557 times
Reputation: 32603
Just wait until they get the technology to determine sleep depravity! Well-proven, sleep-deprived drivers are the equivalent of drunk drivers, just as dangerous, but, sans technology, they do not show up on the radar screens of the police.

Texting while driving, well-proven, is 6-8 times more dangerous than drunk driving.

But, currently, the police are tunnel-visioned on DUI's, mainly because the profits involved.

I lived in Phoenix for 3 years, and after my 2nd traffic fine, and seeing the Municipal Court Palace in downtown Phoenix, I guessed correctly that traffic fines was a big part of their revenue flow in the Phoenix area.

I'm so overly scared stiff about getting a DUI, and how it can ruin your life, drive you to suicide, if I stop at a bar, driving, I'll only finish half my beer, and leave! That's how scared I am!

I used to ride my bike to a local bar, now and then, until I ran into someone who had gotten a DUI on his bicycle. That put an end to that!

If there's one area of the Valley I'd be even too scared to drink a half of a beer and drive, it would be Brownderson/Henderson! Those cops out there can be as wicked as the cops in Phoenix. Given there's so many gated self-guarded communities out there, that gives the cops with little to do but harass drivers for mickey-mouse charges.

I'm sure the cops in Phoenix were stubbornly opposed to the construction of their light rail line from north of downtown Phoenix to Tempe and Mesa. Think of all the "business" they lost over that! Hard to ticket someone for Drinking and Riding!
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Old 06-30-2017, 02:24 AM
 
3,109 posts, read 2,968,809 times
Reputation: 2959
Phoenix cops are much cooler, Scottsdale is a place I completely avoid, and Tucson may be the worst. The smaller cities can be terrible or lenient. DPS are a nightmare. I would be careful in LV but not paranoid....there are tons of criminals to occupy their time, maybe not enough in Scottsdale. Plenty in Tucson, but there is no money in locking up illegals.
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Old 06-30-2017, 05:30 AM
 
4,857 posts, read 7,606,822 times
Reputation: 6394
Don't let the recent changes to weed laws fool you.. The war on drugs is still very much a cash cow.

Fines, fees, the almost incomprehensible army of man power needed, from Judges to jailers to counselors at the court ordered rehab centers to all the social workers needed .. Our economy is propped up by the profit of fighting crime.

Crime is good for the economy. Drunk driving is good for the economy.
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Old 06-30-2017, 06:57 PM
 
1,927 posts, read 1,056,364 times
Reputation: 880
Quote:
Originally Posted by curiousgeorge5 View Post
It's unethical for a governmental entity to be motivated by money when writing or enforcing a law. If they are genuinely concerned for the well being of sober drivers, they should give a person guilty of DUI a little taste of county jail.

If people aren't drunk or genuinely impaired at .08, then it's only right they raise it to .10. A couple of decades ago in the east coast state I'm from there was both "impaired" and "intoxicated". Impaired was .05 and intoxicated was .10. If a person was impaired but not intoxicated, it was like a speeding ticket, if I'm not mistaken. I don't know what it is like now.

About the 4th amendment rights being violated, I'm guessing this will go through the courts.

If a first DUI costs a person 10k in fees and fines as a poster notes above, that's nuts unless the person is very drunk.
I've yet to live anywhere that the government was ethical. Maybe there was a time before I was born when government/police/large business acted ethically, but not during my lifetime.

They already send DUI recipients to jail. What good it does to send "the guy who had a few too many at the bar during happy hour" to mix in with a bunch of convicted felons for the weekend, I'll never know.

In most crimes there is an element of intent. Organizations like MADD would love to have you believe that every person who gets behind the wheel after drinking is setting out to murder somebody, but this just isn't the case, DUIs can happen to anybody, most of whom had no intent to hurt anyone when they left the bar. They may not realize they are too drunk, and that their driving is poor.

$10-$20K is not unheard of. I'm not sure if they are doing this here, but in many states back on the east coast they also place offenders on probation, require them to attend alcohol counseling, require community service, pay a fine, and, if one wishes to drive at all every again, to install a breathalyzer interlock on the ignition of the car(where one must blow before the car will start) for a couple of years. All of this has to be paid for by the offender as well as fees for a lawyer, multiple court dates with both the courts and the DMV, may also be ordered to attend AA meetings and a MADD victim impact panel meeting. BTW- They are doing this even for first offenders.

I would argue that if the government was truly concerned about the well-being of its constituents, that they would simply mandate alcohol breath detection equipment/ignition interlock be installed in the steering wheel of every vehicle as standard safety equipment. The technology to accomplish this in an unobtrusive manner has been around for decades now.
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