The State of Arizona takes operators of motorized watercrafts who are under the influence very seriously. In fact, the State of Arizona has been given grant money to allow law enforcement to use “saturation patrols” and checkpoints to monitor the breath and/or blood alcohol concentration of operators of motorized watercrafts. Thus, these saturation points and checkpoints allow you to be subject to contact by law enforcement much more often than before and subject to a charge of Operating under the Influence (OUI).
OUI is the law applied to persons who are arrested and charged for operating or being in actual physical control of a motorized watercraft while being under the influence of alcohol. An OUI is a DUI on a boat. Arizona law makes it illegal for a person operating or being in actual physical control of a motorized watercraft to have a breath or blood alcohol concentration at or above a .08 within two hours. Furthermore, by operating a motorized watercraft on Arizona waterways, you consent to be tested for alcohol or drugs if arrested by a law enforcement officer for alleged violations under Arizona Watercraft Statutes.
If you find yourself being contacted for an OUI, you need to contact a lawyer experienced in OUI defense immediately. Cindy Castillo of Castillo Law is highly trained and experienced as an OUI lawyer and will aggressively defend your case.
SEVERE PENALTIES FOR OUI
Similar to the charge of DUI, DWI, Extreme DWI, and Super Extreme DWI, the AZ State legislature has set minimum penalties for OUI cases. A first offense OUI or a second offense OUI within five years is classified as a class 1 misdemeanor. For a misdemeanor OUI, Arizona law allows a judge to punish you by up to six 6 months of jail; order you to attend alcohol and/or drug screening and treatment classes; and pay a fine of up to $2,500 plus surcharges.
Penalties for a First Offense OUI
The penalties for a first offense OUI with an alcohol concentration below .15 within two hours are: jail which can be suspended with completion of mandatory attendance at alcohol and/or drug screening and treatment classes; and a minimum fine and surcharge.
Penalties for a First Offense Extreme OWI
The penalties for an extreme first offense OWI with an alcohol concentration above a .15 within two hours are: a minimum of thirty (30) days jail with twenty (20) days to be suspended; a fine of $2,500 and alcohol and/or drug screening and treatment classes.
Penalties for a Second Offense OUI
If you have a prior offense for OUI within five years, you are subject to more severe penalties.
The penalties for a second offense OUI with an alcohol concentration below .15 within two hours are at least ninety (90) days in jail of which sixty (60) days may be suspended upon completion of mandatory alcohol and/or drug screening and treatment classes; a minimum fine and surcharge of approximately $2,500.
The penalties for a second offense Extreme OWI with an alcohol concentration above a .15 within two hours are mandatory one-hundred twenty (120) days of jail of which sixty (60) days can be suspended upon completion of mandatory alcohol and/or drug screening and treatment classes and a fine of approximately $2,500.00.
AGGRAVATED OUI
Penalties for Third Offense OUI or Having a Child Under the Age of 15 years
If you are convicted of an Aggravated OUI, you are subject to more severe penalties.
The penalties for a third offense OUI within 84 months can result in six months in jail along with alcohol and/or drug screening and treatment classes, and a fine of approximately $2,500.00. You may also be subject to the prosecuting agency referring you for felony prosecution.
If convicted of an Aggravated OUI, there is a mandatory minimum sentence of four (4) months in prison and up to one year. You are also subject to mandatory fines and alcohol and/or drug screening and treatment classes. If you have three or more prior violations of OUI and you are convicted of a fourth OUI, then you are subject to a mandatory minimum prison sentence of eight months and up to two years. You are also subject to mandatory fines and alcohol and/or drug screening and treatment classes. If convicted of an Aggravated OUI for having two or more violations within 84 months, you are guilty of a class four felony.
Additionally, if you have a child on your boat who is under 15 years or younger and you are charged with OUI, you may also be subject to the prosecuting agency referring you for felony prosecution.
The elements necessary for the State to prove Aggravated OUI when you have a child on your boat who is under 15 years or younger and you are OUI are different. The State would have to show that you recklessly endangered the person who was under fifteen years of age with a substantial risk of physical injury.
If you are convicted of an Aggravated OUI for having a child under the age of 15, you shall serve at least the minimum sentence that you would otherwise serve for a first offense misdemeanor OUI. You are also subject to mandatory fines and alcohol and/or drug screening and treatment classes. If convicted of an Aggravated OUI for having a child under the age of 15, then you are guilty of a class 6 felony.
Benefits of Hiring an OUI Lawyer in Phoenix AZ
The fact that an OUI, OWI, extreme OWI, and an Aggravated OUI conviction means spending time away from your loved ones and taking a substantial hit in the wallet should be enough reasons for you to hire an experienced and aggressive OUI lawyer in Phoenix AZ. It also is important to note that with a qualified and experienced lawyer handling your case, you will have a much higher chance of beating the charges and lessening your exposure.
What you need is an OUI lawyer who has a track record of successfully defending clients. The moment you are being investigated for an OUI, you need to contact an experienced OUI lawyer, so that may ensure yourself the best possible outcome. Also, because time is of the essence, do not delay in hiring a lawyer. Your attorney needs time to adequately investigate the case and ensure that she can replicate the incident as it was at the time in question. Ms. Castillo will study your case carefully and come up with defense strategies, such as illegal stop, actual physical control issues, no probable cause for the arrest, erroneous blood and/or breath results, and/or a denial of your constitutional and due process rights.
At Castillo Law, Cindy Castillo offers free consultations and affordable yet quality representation with proven results. This gives you an opportunity to gauge the expertise of the lawyer and also determine whether she is the right lawyer to fight your case.