April 8, 2008
Tougher Arizona DUI Laws on the way
If you set your mind to it, you can twist facts and statistics to match whatever thesis you happen to be the proponent of. In my humble opinion, it is much too early to say whether the AZ DUI laws that went into effect in the fall of 2007 have impacted traffic deaths and injuries, hurt the liquor industry, or done anything significant for that matter. The only thing that I can say with certainty is that the laws have been a boon for the ignition interlock industry, since an interlock device is required after every conviction for DUI.
What other impacts have the new laws had. My personal observations in the Phoenix area is that more cases are being set for trial. More cases also seem to be getting dismissed. In the past month alone, I have had two jury trials for DUI cases in which the prosecutors dismissed the case moments before a jury would be brought in.
What is the best measure of DUI legislation? I would argue that, from a politicians standpoint, if it gets lots of publicity it has succeeded.. Did Arizona's recent DUI legislation measure up? Check. One point for the legislature. People facing DUI that I talk with are now not just frightened, they are terrified. And they should be. These DUI laws in Arizona put people with no record at all in jail for weeks and months.
Another measure of DUI legislation is whether it leaves room for the legislature to act again in the next session. Did Arizona's recent DUI legislation measure up in this regard? Check. Another point for the legislature. Not only did the write contradictions and holes into the 2007 laws, either intentionally or otherwise, but they also left room to increase the penalties more. More penalties equals more publicity. I think we can count on our humble politicians to give us another healthy serving or more, but not so much that it kills the public's appetite in one session.
Another measure is whether the laws leave something to fix in the next session. Job security, right? Check! Tougher laws, more regulations, no significant budget increases, hiring freezes, equals lack of enforcement. Even if the new laws were brilliant in theory, our lawmakers created an out for themselves… it's not our fault they are not being enforced with the ferver we dreamed up during the last session, right? It's like the abusive spouse asking his wife "why do you make me hit you." Ok, not quite that bad, but you get my point.
I can't wait to see the final laws that come from this session. In my practice I get to do a lot of stimulating reading. 
Quoted from http://www.azcapitoltimes.com/story.cfm?id=8426:
Arizona Capitol Times - Serving Arizona's Business, Government and Political Community since 1946
On the opposite side are legislators who are sensing that the DUI laws passed last year have already begun to translate into fewer accidents and more lives saved. They point to a statement released by the Department of Public Safety in January that alcohol-related traffic fatalities in 2007 are down to 1998 levels, due in part to "tougher DUI laws" and an earlier law on vehicle impoundment.
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Comments on Tougher Arizona DUI Laws on the way »
Mr. Jaffe,
as a result of my DUI conviction I was ordered to attend a MADD victims impact panel. First, I must say thank you to the many volunteers that contribute to MADD and take time out of their lives to educate the community about drunk driving. I felt it was a useful class for me personally and I would recommend it to anyone who has even thought about getting behind the wheel of a car after consuming an alcoholic beverage.
However, I noticed a couple of things on the topic you discuss above. First, one of the victims said that he speaks frequently in the PHX area and that the crowds never go down in size….hinting that either the new laws are not a deterant or either the law enforcement patrol has become more saturated. I counted at least 250 in that particular class. Second, one of the things asked on the questionaire handed out after class was…Have you ever had a DUI reduced to something non-DUI? And if yes, in what city and court system? I asked why this was important after class and the answer was so that they would know where to monitor more frequently to make sure laws are getting enforced.
Two things are clear on this topic in my opinion.
1) Laws are going to only get tougher and tougher.
2) Prosecutors and judges are going to get stiffer on making sure people are punished.
Lastnight, everyone in the MADD victims impact panel class were asked to stand. We were then asked to sit down if we only had one DUI offense. About 90-95% of people sat back down when asked if they had only one DUI. What I am not clear on is whether or not the DUI laws are going to actually help educate people from making that first mistake. I guess the million dollar question is(or should be for people who really care)….how do we keep people from making that first mistake?
Thanks for the information Shane. I have also heard that MADD sends people to courts to monitor and pressure. I personally have never seen this, nor, to my knowledge have ever had anybody attempt to interfere with any of my cases that went to trial.
Did you take it it mean that MADD's position is that any reduction from a DUI to a non-DUI equates to the law not being enforced? If that is the case, and they are attempting to interfere with the way prosecutors, judges and/or juries handle DUI cases, there seems to be a huge conflict of interest in the courts sentencing people to attend MADD victim impact panels.
At least one major Maricopa County, Arizona city has stopped mandating MADD panals as part of their plea bargains. The reason they gave is that they felt that MADD panels actually promoted people to go out and drink afterwards and provided an opportunity for them to meet "drinking buddies."
That's a good point! I only thought of it as them making sure you were treated as a number and not a name at the time! But it would be a conflict of interest!!
Outside of traffic court I have only ever had to deal with one Judge and Prosecutor(well, my attorney handled most of the work). One thing I noticed in Chandler is that they were very reasonable in working with my attorney to minimize my penalties….i.e. reduction in jail time. It scares me to think that mandatory laws are being imposed that take away a Judges or Prosecutors ability to assess character in an individual…and that's basically what that questionaire made me think about. It's clear to me that MADD is very powerful and they want people to be heavily penalized for DUI.