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Articles Posted in Underage Drinking

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According to recent news reports (CBS5), the Maricopa County Sheriff's Office (MCSO) will be ramping up their DUI patrols over Memorial Day Weekend in recreational areas around the valley. The Sheriff's office has been granted funding from the Governor's Office of Highway Safety (GOHS), AZ Game and Fish and the U.S. Forest Service, enabling the department to perform saturation patrols over the upcoming Memorial Day weekend – one of the busiest drinking weekends of the year. The patrols will target some of the most popular recreational areas surrounding the valley, including Canyon Lake, Bartlett Lake, Saguaro Lake, Apache Lake, Lake Pleasant, the Verde River, Lower Salt River, other county parks and the Tonto National Forest.

Many of the arrests made by the MCSO over the past year include 849 misdemeanor DUI arrests, 1,362 Underage Consumption / Minor in Possession arrests, 94 felony Aggravated DUI arrests and 230 OUI – operating a watercraft under the influence arrests.

If you are charged with any type of misdemeanor alcohol violation at any of the lakes surrounding the valley, you will most likely be ordered to appear in either the Hassayampa Justice Court in Surprise, AZ (Northwest valley lakes) or the North Mesa Justice Court in Mesa, AZ (Northeast valley lakes). If you are charged with a felony alcohol violation, then your case will likely be handled in the Maricopa County Superior Court if you were within the boundaries of Maricopa County.

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Cinco de Mayo is a national holiday in Mexico marking a momentous time in history and has become a day of celebration and festivities in our country as well, particularly in bordering states such as Arizona. Festivities include indulging in Mexican food, dancing, parades, and of course, enjoying Mexican beer. Because it has become a big drinking holiday, law enforcement increases their patrol efforts, including establishing DUI checkpoints throughout this holiday weekend. According to a recent news article (AZCentral.com 5/5/13) police made 274 DUI arrests this past weekend (not including Sunday night) as a result of a statewide Cinco de Mayo saturation patrol effort. Of these 274 arrests, there were 74 Extreme DUI arrests, 36 Aggravated DUI arrests, 35 people who had prior DUI arrests and the average blood-alcohol content (BAC) cited was 0.153 percent – almost twice the legal limit of 0.08 percent.

An individual is charged with Extreme DUI, which is a misdemeanor violation, when their BAC is 0.15 percent or higher. Click here to learn more about Extreme DUI charges and penalties. A person can be charged with Aggravated DUI, which is a felony violation, in instances where there is a minor child (under the age of 15) in the vehicle, if the person's driver's license was suspended/revoked at the time of the arrest, or if this is your third DUI in a period of 7 years. Click here to learn more about Aggravated DUI charges and penalties.

Law enforcement will continue to maintain increased patrols throughout the month of May, particularly over Memorial Day weekend and during high school and college graduations. According to Sgt. Tim Bulson of the Tempe Police Department DUI unit, "May is going to be a very busy month" and "We want to make sure that the streets are safe… ." Law enforcement agencies will continue their increased patrols, with additional funding through the highway safety office, during the summer months when kids are out of school, families are heading out to the lakes and camping, celebrating summer holidays, including the 4th of July and Labor Day, and enjoying backyard pool parties and barbecues. Remember to drink responsibly – have a (sober) designated driver or take a cab or the light rail.

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If an adult of legal drinking age permits children under the age of 21 to drink alcohol, this adult could be prosecuted under the 'social host laws', as outlined in the Arizona criminal code. This is a mandate which declares under A.R.S. § 4-241 (Q) that:

"A person who is of legal drinking age and who is an occupant of unlicensed premises is guilty of a class 1 misdemeanor if both of the following apply: 1. Such person knowingly allows a gathering on such unlicensed premises of two or more persons who are under the legal drinking age and who are neither:

(a) Members of the immediate family of such person.

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Country Thunder is an annual weekend music festival held in Florence, AZ (Pinal County) drawing thousands of people from across the valley. In fact, this year's event sold out for the first time in its 20-year history, reaching a capacity crowd of 25,000 patrons.

In years past, Underage Drinking has been a concern at this event, and last year 189 people were arrested for Underage Drinking and other related crimes. In many cases, underage drinkers were alleged to have had blood alcohol levels at more than twice the legal limit of .08 percent, and the youngest person arrested was 15 years old. In addition to Underage Drinking, citations also included violations of Minor in Possession of Alcohol, Using a Fake ID to buy Alcohol, and Furnishing Alcohol to a Minor.

According to recent reports during this year's event, the Pinal County Sheriff's office arrested a 20-year old man on suspicion of Disorderly Conduct and Aggravated Assault, after reports of a stabbing, leaving a 36-year old man in critical condition.

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"Get a DD…Not a DUI" is the message being touted by the Arizona Governor's Office of Highway Safety (GOHS) as well as other AZ Law Enforcement agencies, to encourage people to use sober designated driver's when consuming alcohol. The holidays are a time for celebration and the week between Christmas and New Year's Eve is considered one of "the most intense weeks" of the year, according to law enforcement. Agencies increase their patrols considerably during the holidays and over 70 agencies participate, forming 12 organized DUI Task Forces across the state in an effort to reduce the number of DUI arrests. Arizona law enforcement agencies prefer employing saturated patrols in targeted areas rather then setting up the typical DUI checkpoints. According to Alberto Gutier, Director of GOHS, "The message that we're trying to get out there is that we're everywhere." According to AZ law enforcement DUI arrest data, DUI arrests are up between 2011 and 2012, with Extreme DUI arrests rising from 788 in 2011 to 888 in 2012. Individuals are charged with Extreme DUI if their blood alcohol content (BAC) is measured at greater than .150 percent. Law enforcement officers are trying to get the message out there to either have a designated driver, call a cab, or ask a friend or family member to pick you up if you have consumed alcohol.

Check out our website for more information regarding DUI charges, Extreme DUI charges, Super Extreme DUI charges, Aggravated DUI charges, Underage DUI charges, and associated penalties if convicted of a DUI charge.

If you have been charged with a DUI, contact the Firm for a free consultation regarding your case. We handle all types of DUI and criminal charges throughout the Valley and Statewide. The Firm has a reputation for zealously representing each and every client and a proven track record of success.

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Queen Creek is a small town situated in southeast Maricopa County, with the southern part of town overlapping into Pinal County. The town is a unique mix of housing sub-divisions, homes on acreage, farmers and ranchers, and despite its growth, Queen Creek still has that rural feel about it. The San Tan Mountains lie to the south of Queen Creek and offer plenty of recreational activities including hiking, biking, camping and the like. Queen Creek is also home to the only working olive farm and mill in the State of Arizona – Queen Creek Olive Mill, where visitors can tour the olive mill, stroll through the olive groves, enjoy casual dining, and purchase a variety of olive oils and other unique gifts. Schnepf Farms is another longtime local fixture in the town of Queen Creek, where visitors can dine at the bakery, enjoy a hayride, tour the farm, go veggie picking, visit the museum, and much more. Given its small town feel, abundance of recreational activities, and easy commute to Phoenix and other valley cities, Queen Creek has become one of the "best kept secrets" in Arizona.

The Town of Queen Creek contracts with the Maricopa County Sheriff's Office (MCSO) to provide law enforcement services to the town as well as the unincorporated areas surrounding the town. If you are cited with a DUI in the Town of Queen Creek or surrounding unincorporated county islands, your case will likely be handled in the San Tan Justice Court, if you are being charged with a misdemeanor DUI. Felony DUI charges are generally filed in the Maricopa County Superior Court. The southern portion of Queen Creek, which overlaps into Pinal County, is patrolled by Pinal County Sheriff's Office (PCSO). If you were cited for DUI by PCSO, your case will likely be under the jurisdiction of one of the Pinal County Justice Courts, if it is a misdemeanor DUI, or Pinal County Superior Court if it is a felony Aggravated DUI charge.

The Firm has represented countless individuals who have been charged with DUI in Queen Creek, either by MCSO or PCSO, ranging from simple misdemeanor 1st Time DUI charges to very serious felony Aggravated DUI cases. Mr. Buckallew is committed to the defense of individuals charged with a DUI, or any other criminal charge, and focuses his scope of representation on matters involving DUI and criminal litigation, including (but not limited to) allegations of 1st Time DUI, Extreme DUI, Drug-Related DUI, Aggravated DUI, Underage DUI, Minor in Possession, Minor in Consumption and DUI's involving serious injury or death. He has a proven track record of successfully resolving countless DUI cases over the course of his career. Mr. Buckallew has recently been elected as a National Trial Lawyers Top 100 Trial Attorney for 2012.

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If you have been arrested by the Chandler Police Department and cited into the Chandler Municipal Court, contact a Chandler DUI Lawyer for a free evaluation of your case. The Firm handles ANY criminal or DUI charge in the Chandler Municipal Court and throughout the State of Arizona, including 1st Time DUI, Extreme DUI, Super Extreme DUI, Under 21 DUI, DUI-Drugs, and any other alcohol or drug related violations. Mr. Buckallew has a reputation for zealously defending his clients and has extensive experience from many years of practice as a DUI and criminal defense lawyer. He fights tirelessly on behalf of each individual client in order to achieve the best outcome possible in each and every case, as evidenced by the results he has achieved on behalf of his clients over the years.

The Chandler Municipal Court is located at 200 East Chicago Street, in downtown Chandler, just east of Chandler City Hall. The Court handles civil traffic and criminal misdemeanor violations, including DUI/DWI charges, city ordinance and code violations, petty offenses, probation violations, protective orders and search warrants.

How do I choose a good DUI Lawyer?

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Law enforcement agencies across the Valley and throughout the State of Arizona partnered up for their annual DUI Task Force operations and conducted saturation patrols and checkpoints, enforcing DUI and other traffic laws over this past Labor Day weekend. As in years past, officers made thousands of traffic stops – more than 11,000 – and nabbed several hundred driver's for DUI, although, the final numbers represent fewer arrests than in previous years.

According to reports from the Governor's Office of Highway Safety, officers made a total of 564 DUI arrests – 60 of those arrests were for Aggravated DUI with 37 of those due to prior arrest records, and the remaining Aggravated DUI arrests resulted from either driving on a suspended/restricted/revoked driver's license or driving with a minor child (under the age of 15) in the car. An Aggravated DUI is classified as a felony, and can be charged as either a Class 4 Felony (if for example, this was a 3rd DUI or a license issue) or a Class 6 Felony (if for example, there was a minor child in the car).

The remaining 504 DUI arrests were cited as Misdemeanor DUI charges, with 170 arrests for Extreme DUI, meaning that the driver's blood alcohol content (BAC) was 0.15 or higher. Another 41 arrests were for Under 21 DUI (Underage DUI), and 154 Under 21 Liquor Violations – likely Minor in Consumption, Minor in Possession or Underage Drinking violations. There were also 92 DUI Drug arrests, which involve having any narcotics drugs, illegally obtained prescription medications, marijuana, or any other prohibited substances or their metabolites in your system.

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Although final numbers have not yet been released, as of early Sunday afternoon, close to 400 people had been arrested on suspicion of DUI as a result heavy enforcement statewide over the Labor Day weekend. According to the state Governor's Office of Highway Safety (GOHS), there have been 382 DUI arrests since Wednesday. The breakdown includes 40 arrests for (felony) Aggravated DUI, and 342 for misdemeanor DUI, with 115 of those arrests for Extreme DUI (BAC of 0.15 or higher), and 62 arrests for DUI Drugs. While arrests are down from this time last year, the average blood-alcohol content has increased from 0.149 last year to 0.155 this year. The saturation patrols continued on Sunday and Monday, particularly around valley lakes and rivers — Monday was expected to be a busy day for law enforcement.

If you were cited by for any type of DUI, including Extreme DUI, Super Extreme DUI, Aggravated DUI, DUI-Drugs, Underage DUI, or any other DUI related violation, the Firm can help and provides free initial consultations. The Firm represents individuals in Scottsdale, Tempe, Chandler, Gilbert, Mesa, surrounding East Valley cities, Phoenix, surrounding West Valley cities, Pinal County, Gila County, Navajo County, Apache County and Statewide.

The Firm focuses its scope of representation on matters involving criminal and DUI litigation and has practiced in City Courts, Municipal Courts, Justice Courts and Superior Courts in just about every county in the State of Arizona. Mr. Buckallew has achieved successful resolution in countless DUI (and criminal) cases over the course of his career and has a reputation for aggressively fighting for the most favorable resolution possible on behalf of each of his clients. Aside from his law degree, Masters of Forensic Science degree, and many years of criminal and DUI litigation, Mr. Buckallew belongs to many DUI organizations to stay well informed of the complex and ever changing practice of DUI law. He belongs to the National College for DUI Defense (NCDD), the American Academy of Forensic Sciences (AAFS), the Arizona Attorneys for Criminal Justice, (AACJ) and others. Mr. Buckallew was also recently elected as a National Trial Lawyers Top 100 Trial Attorney for 2012.

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Labor Day weekend is typically the final weekend of the summer for camping trips, boating at the lake, and other outdoor activities in the cooler, higher elevations outside the valley. It is also a time for end of summer celebrations, gatherings and other festivities. With this brings an increase in the number of drivers on the roadways and highways, and a greater likelihood of impaired drivers on the road. Other common violations during times of increased traffic can include, Aggressive Driving, Reckless Driving, Criminal Speed, and other criminal DUI and traffic violations. Law enforcement agencies across the Valley and throughout the State of Arizona will be out in force this weekend, setting up DUI checkpoints to enforce impaired driving and DUI laws. According to local news outlets (AZCentral.com), seven law enforcement agencies are partnering up in the Southeast Valley over the weekend, including Chandler, Gilbert, Mesa, Scottsdale, Tempe, and Apache Junction Police, as well as the Arizona Department of Public Safety (DPS), and officers will be looking for impaired drivers in an effort to keep everyone safe. The DUI Task Force Command Center will be set up in Scottsdale at the Scottsdale Stadium where officers will conduct field sobriety tests, perform blood draws, and handle other aspects of their patrol operations. In addition to DUI checkpoints, there will be an increased number of officers on duty, conducting saturation patrols throughout the valley. Up in the high country, the White Mountain DUI Task Force will include AZ DPS, the Pinetop-Lakeside Police Department, the Navajo County Sheriff's Office, the Show Low Police Department, the White Mountain Apache Police Department, the Snowflake-Taylor Police Department, the Apache County Sheriff's Office, and the Eagar and Springerville Police Departments. They will have a checkpoint set up on SR 260 near milepost 354 to detect and apprehend impaired motorists and ensure the safety of driver's on the highway.

Remember to drink responsibly and use a designated driver or call a cab. In the event you are stopped for allegations of driving while impaired with alcohol or drugs, it is important to keep in mind that, 1) You should provide the officer with your driver's license, but you have the right to refuse to answer any questions, 2) You have the right to refuse to do any field sobriety and HGN testing, 3) You should contact your attorney before agreeing to submit to breath or blood testing. Keep in mind that your refusal to submit to field sobriety testing or HGN testing may be brought up by the prosecutor during trial. Additionally, your refusal to submit to a breath or blood test will result in a 1-year suspension of your driver's license. There may be certain circumstances when your attorney may advise you not to submit to chemical tests, so it is important to consult with your attorney before making any decisions regarding this testing and the consequences upon refusal.

DUI cases are taken very seriously in the State of Arizona and penalties can be extremely harsh if you are convicted of a DUI related charge. The consequences can create significant hardship on a person, beginning with the possibility that your vehicle may be impounded for 30-days and you may receive a 90-day license suspension at the time of your arrest. NOTE: You will have 15 days before the suspension goes into effect and also to request an MVD hearing – otherwise, the suspension will be in effect 15 days from the date you were served with the 'admin per se' (license suspension) paperwork, which is usually the same day as your arrest. Other penalties, if convicted, include the possibility of jail time (depending on your BAC level, prior DUI history and other factors), probation, fees and fines, alcohol screening and classes, community work service, ignition interlock device and other consequences. Please visit our DUI website for more details regarding DUI charges, DUI penalties, field sobriety testing, blood and breath testing, implied consent, and other DUI related topics.

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