Thanks to our guest contributor and friend, Marc J. Victor of Marc J. Victor Law Office for his insight into DUI practice. Below are his brief thoughts on DUI laws:
My position on DUI laws probably differs from most criminal defense attorneys in that I think all DUI laws should be abolished. This does not mean I support the act of operating a motor vehicle while being impaired. I think it’s foolish to drive while under the influence of alcohol, drugs or any intoxicating substance. If you are impaired for any reason, you should always take an Uber or use a designated driver. You not only place yourself and others at great risk of harm or death, but you are also gambling with what could be many years of your life if someone is killed due to your negligence.
So why would I want to see all DUI laws abolished? Because, this law is not needed, it’s too broad, and we already have several other laws that make the crime of driving under the influence unnecessary. Any one of these other laws is sufficient in dealing with this crime. In my article entitled, “Abolish All DUI Laws”, I lay out my reasons for doing away with this unnecessary law. I challenge you to read beyond the scary title and find out why my position makes sense.
Although I think we should abolish all DUI laws, we should enforce the laws of reckless driving and aggravated felony assault. A driver who operates their vehicle with reckless disregard for the safety of others or their property is guilty of the crime of reckless driving. If those actions result in serious injuries to others, they will most likely be charged with aggravated felony assault. If someone is killed by another driver’s recklessness, they will be charged with either murder or manslaughter. Indeed, we already have several laws in place that address the issue of driving under the influence already; the creation of DUI laws do not enhance public safety and add to our already overburdened justice system.
The best advice I can give someone is to avoid a DUI or even a much more serious felony crime by not drinking at all prior to driving. In Arizona, you can be guilty of a DUI if you are impaired to the slightest degree. The cause of impairment does not matter. You can be guilty of DUI no matter if it’s alcohol, drugs (legal or illegal), even over the counter medications such as cough syrup. Also, Contrary to what some people believe your blood alcohol level does not have to be .08 or higher to be guilty of a DUI.
The bottom line is, it’s just not worth the risk! If you have ingested anything or had anything at all to drink or smoke that has inhibited your ability to operate a motor vehicle, do not drive; you are risking much more than a DUI. But, if you are charged with the crime of DUI in Arizona, call an experienced DUI lawyer Chandler AZ trusts.