Aggravated OUI??

[Mardonzi]

A friend of mine got nailed for Aggravated OUI over the holiday weekend in AZ. I'm trying to find out the statuate number for the offense. So far all I can find is regular OUI and extereme OUI information....
(no, it wasn't titties and beer)

[ChumpChange]

Why don't you go on over to boatcop.com and post this in his forum.

[Mardonzi]

What,, and deprive myself of all the drama that could possibly be had on this site???
Besides, perhaps someone other than Alan has some info or experience with this. His wife is asking me what he's in for and I don't know but I'm sure someone on here does.

[Water Romper]

“Aggravated” OUI…sounds like he went down the hardway..was he fighting the cops? :220v:

[redi4fun]

You might find what you need here:
http://www.azgohs.state.az.us/dui_laws.html

[Her454]

What makes it "aggravated" opposed to just OUI? :confused: :jawdrop:

[framer1]

Found this here http://www.azdot.gov/mvd/driver/DriverImprovement.asp
Aggravated DUI
This category of DUI applies to a person who commits a DUI while suspended, revoked or canceled; commits a third DUI in 5 years; or commits a DUI while a person under 15 is in the vehicle.
You will be sent to prison for not more than 2 years and, in addition to any other penalty required by law, your license will be revoked for 3 years. You will also be required to undergo alcohol screening/education/treatment and to equip any vehicle you operate with a certified ignition interlock device, and may be ordered to perform community service.
Sounds like it also could be a felony... That's not good

[Her454]

Nevermind, thanks Forensic. None of that is good.....................

[redi4fun]

What makes it "aggravated" opposed to just OUI? :confused: :jawdrop:
Aggravated DUI
This category of DUI applies to a person who commits a DUI while suspended, revoked or canceled; commits a third DUI in 5 years; or commits a DUI while a person under 15 is in the vehicle :rolleyes:

[SoCalSouthpaw]

Found this here http://www.azdot.gov/mvd/driver/DriverImprovement.asp
Aggravated DUI
This category of DUI applies to a person who commits a DUI while suspended, revoked or canceled; commits a third DUI in 5 years; or commits a DUI while a person under 15 is in the vehicle.
You will be sent to prison for not more than 2 years and, in addition to any other penalty required by law, your license will be revoked for 3 years. You will also be required to undergo alcohol screening/education/treatment and to equip any vehicle you operate with a certified ignition interlock device, and may be ordered to perform community service.
Wow. "You're Phucked OUI" seems a better fitting name for this one.....

[djunkie]

Wow. "You're Phucked OUI" seems a better fitting name for this one.....
Better yet, "Your an idiot OUI" fits as well. :rolleyes:

[Panic Button]

OUI / Boating DUI and DWI:
Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §5-395 "Operating or In Actual Physical Control of a Motorized Water Craft While Intoxicated" or "OUI" involves operating a boat, jet ski, SeaDoo, or any other Water Craft while impaired to the slightest degree by the consumption of alcohol, or above a .08% blood alcohol concentration within two (2) hours of operating the water craft. In addition, a person can be "Extreme OUI:" if they are above a .15% blood alcohol concentration within two (2) hours of operating the water craft.
Possible Punishment
First offense misdemeanor:
The penalties for a first conviction of OUI are: potential jail which can be suspended upon completion of mandatory attendance at alcohol screening (approximately $100); any recommended classes (approximately $200-400); and a minimum fine and surcharge of approximately $2100.00. The maximum can be six (6) months' jail.
Per A.R.S. §5-497 "Extreme OWI" - .15% and above BAC; carries a first offense mandatory minimum thirty (30) days jail-only twenty (20) can be suspended; a $2500.00 fine and alcohol classes double.
Second offense misdemeanor:
A conviction for a second Non-Extreme OUI within five (5) years from the first conviction, the penalties are: at least ninety (90) days in jail - sixty (60) days can be suspended only upon completion of the mandatory alcohol screening classes outlined above; a minimum fine and surcharge of approximately $2500.00. The maximum can be six (6) months' jail. Per A.R.S. §5-397, "Extreme OWI" - .15% and above BAC (with a prior OUI conviction within five (5) years of this offense); mandatory minimum one hundred and twenty (120) days jail - only sixty (60) can be suspended; fine of approximately $2500.00 and alcohol classes double.
Third offense misdemeanor:
A conviction for a third OUI or Extreme OUI within five (5) years from the first violation can result in: six (6) months in jail along with the additional penalties of alcohol screening classes; and a minimum fine and surcharge of approximately $2500.00.
WARNING: the prosecutor has the option of charging a third offense misdemeanor as a first offense felony. . . and they usually do!
Aggravated OUI:
If the Prosecutor decides to charge a third offense misdemeanor as a first offense felony, then this would be called a "Aggravated OUI" per A.R.S. § 5-396. If convicted, there is a mandatory minimum sentence of four (4) months in prison with a maximum of one (1) year of incarceration. If the Defendant has three (3) prior convictions of misdemeanor OUI, and this would be his fourth, now he is subject to a mandatory minimum prison sentence of eight (8) months, and a maximum of two (2) years of incarceration.
Possible Defenses
"No Reasonable Suspicion to Stop" Officers are not permitted to stop or detain someone based on pretexts regarding race, religion, gender, age, sexual preference nor on a host of other possible unjustifiable reasons.
"No Actual Physical Control" If a person has had too much to drink, pulls off the main water-way, leaves the engine running with the A/C or heater on, and attempts to "sleep it off", then they are not in "actual physical control" of their vehicle and are not guilty of DUI or DWI.
"No Probable Cause for Arrest" If an officer did not have probable cause that a person was actually under the influence of alcohol, then the arrest will be invalidated (i.e. if the Field Sobriety Tests (FSTs) were improperly administered). The National Highway Traffic Safety Administration (NHTSA) has set forth guidelines regarding FSTs. The tests should not be given if the suspect:
is 50 pounds or more overweight
is 65 years of age or older
has any back, hip, leg, knee, or ankle injuries
has any disability effecting balance
is wearing shoes with heels two (2) inches or higher
Remember, you always have the right to refuse Field Sobriety Tests (i.e., the "physical" tests). Do not believe the Officer if he tells you otherwise!
If the Horizontal Gaze Nystagmus (HGN) or "eye test" was given by an officer not yet certified to give that test, it will be inadmissible in court.
Note: if the only basis for arrest is refusing to perform FSTs, then the arrest will be invalidated.
"Denial of Right to Counsel" When arrested for DUI or DWI, upon requesting a lawyer, the police must get you to a phone as soon as it is reasonably possible. If they ignore your request, or wait too long, this could be grounds for dismissal. (See also THE RIGHT TO REMAIN SILENT-USE IT! Section).
"Inaccuracy of the Breath Testing Device" The AZ Department of Health Services (DHS) has set forth rules for the proper maintenance of breath testing devices. They must be calibrated to within a 10% accuracy range every 31 days. In addition, the machine goes through a seven (7) test Standard Quality Assurance Procedure (SQAP) every 90 days. If any of the maintenance checks are "out of tolerance", then all breath tests given during the time interval between the two maintenance checks will be inadmissible. The prosecutor will not point this out for you.
"Blood, Breath or Urine Test Refusal Cases": If you refuse to give a blood, breath or urine test, the law enforcement officer can not have MVD suspend your license. However, you will be subject to a civil penalty of $350.00 if you were cited before January 1, 2006. If you were cited after January 1, 2006, then the civil penalty is $750.00. Again, it is always important to request to call and speak with an attorney prior to making the decision to submit to a blood, breath or urine test.
"Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In OUI cases it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.

[Panic Button]

A.R.S. § 5-396 (http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/5/00396.htm&Title=5&DocType=ARS)

[Kilrtoy]

your buddy in trouble, better start practicing on the backside before BUBBA handles it

[Classic Daycruiser]

To sum that up, He's done this (OUI/DUI) a couple times before, and he's got a good chance to spent 4 to 48 months in Jail, plus $2-3000 in fines.
Time to sell the boat and let someone else drive.

[purrfecttremor]

Holly shiat.Thats why i bring a designated driver.

[Mardonzi]

Yeah,, he is phucked,, and derserves everything he gets. The guy is/was my partner in our 31ft Carver. Looks like I won't have any scheduling conflicts for the next year.

[little rowe boat]

Sounds like your buddy better hire a VERY good attorney.

[Sotally Tober]

Mardonzi, did it happen in Glen Canyon NRA? Was it a Park Ranger?

[Water Romper]

“Aggravated” OUI…sounds like he went down the hardway..was he fighting the cops? :220v:
DAMN....I wasn't even close !!

[Boatcop]

To sum it up, so you all don't have to decipher the legalize in the statute posted above:
Aggravated OUI is when you have a 3rd Offense of OUI within 5 years. Felony charge with a mandatory minimum sentence of 4 months in Prison. Fines and surcharges up to $5,000. Up to 5 years probation.
Yep. I said PRISON! Not Jail. Not County lock-up. PRISON!
The Big House
State Pen
Penitentiary
Roomin' with Bubba, the Lonely Boy.
You'd have thought he'd learned his lesson the first 2 times.

[RitcheyRch]

Sounds like he didnt learn his lesson. This might help him learn.
To sum it up, so you all don't have to decipher the legalize in the statute posted above:
Aggravated OUI is when you have a 3rd Offense of OUI within 5 years. Felony charge with a mandatory minimum sentence of 4 months in Prison. Fines and surcharges up to $5,000. Up to 5 years probation.
Yep. I said PRISON! Not Jail. Not County lock-up. PRISON!
The Big House
State Pen
Penitentiary
Roomin' with Bubba, the Lonely Boy.
You'd have thought he'd learned his lesson the first 2 times.

[No Name]

To sum it up, so you all don't have to decipher the legalize in the statute posted above:
Aggravated OUI is when you have a 3rd Offense of OUI within 5 years. Felony charge with a mandatory minimum sentence of 4 months in Prison. Fines and surcharges up to $5,000. Up to 5 years probation.
Yep. I said PRISON! Not Jail. Not County lock-up. PRISON!
The Big House
State Pen
Penitentiary
Roomin' with Bubba, the Lonely Boy.
You'd have thought he'd learned his lesson the first 2 times.
If you can’t learn after two times in five years, I think you should go to jail.

[CBadDad]

To sum it up, so you all don't have to decipher the legalize in the statute posted above:
Aggravated OUI is when you have a 3rd Offense of OUI within 5 years. Felony charge with a mandatory minimum sentence of 4 months in Prison. Fines and surcharges up to $5,000. Up to 5 years probation.
Yep. I said PRISON! Not Jail. Not County lock-up. PRISON!
The Big House
State Pen
Penitentiary
Roomin' with Bubba, the Lonely Boy.
You'd have thought he'd learned his lesson the first 2 times.
Couldn't it also be because someone under the age of 15 was in the vehicle?
Found this here http://www.azdot.gov/mvd/driver/DriverImprovement.asp
Aggravated DUI
This category of DUI applies to a person who commits a DUI while suspended, revoked or canceled; commits a third DUI in 5 years; or commits a DUI while a person under 15 is in the vehicle.
You will be sent to prison for not more than 2 years and, in addition to any other penalty required by law, your license will be revoked for 3 years. You will also be required to undergo alcohol screening/education/treatment and to equip any vehicle you operate with a certified ignition interlock device, and may be ordered to perform community service.

[Boatcop]

Couldn't it also be because someone under the age of 15 was in the vehicle?
For a Motor Vehicle DUI, Yes.
But that provision isn't in the Boating Law for OUIs.
YET!

[Ziggy]

For a Motor Vehicle DUI, Yes.
But that provision isn't in the Boating Law for OUIs.
YET!
Couldn't or wouldn't that fall into the guise of Child Endangerment currently?
.

[Boatcop]

Couldn't or wouldn't that fall into the guise of Child Endangerment currently?
.
It could. But it's a reach.
DUI or OUI is dangerous enough as it is, but the courts (case law) have ruled that DUI/OUI, in and of itself, does not reach the legal threshold to meet the elements of the "Endangerment" statute.
That's the reason that the Aggravated DUI w/ a child 15 years or younger was enacted. The legislature just forgot to carry that provision over to OUI when they passed the law. We're going to try and have that changed in the next legislative section.
We do, however, charge Endangerment if the OUI/DUI is the cause of an accident.

[Sleek-Jet]

So clear something up for me Allen... I though any time served less the 365 days is in the county lock-up, not the state system??

[Mardonzi]

Well,, lucky for him they didn't have the same parameters for OUI as DUI. It is his first offense, but due to the BAC, he is looking at Extreme OUI. His wife told me the wrong offense. Funny thing is they charged him with OUI twice. Once for being over .08 and once for being over .15. I figured it would be a single charge, not 2.
Stupid thing is there were 3 sober people in the boat with him that could/ should have been driving. Like I said earlier, I have no sympathy for him...

[Ziggy]

Well,, lucky for him they didn't have the same parameters for OUI as DUI. It is his first offense, but due to the BAC, he is looking at Extreme OUI. His wife told me the wrong offense. Funny thing is they charged him with OUI twice. Once for being over .08 and once for being over .15. I figured it would be a single charge, not 2.
Stupid thing is there were 3 sober people in the boat with him that could/ should have been driving. Like I said earlier, I have no sympathy for him...
Bet his "macho" has been shrunk now, sad but I feel thats why a lot of guys will dui/oui.........
Hopefull it won't ruin his family life.
.
.
.
.
Thanks Alan, good info as always...... :)

[Trailer Park Casanova]

My ex's brother was a real tool,, a real piece of work.
About 3 years ago, he ran from the Phoenix PD, went the wrong way on the freeway,, a pursuit that lasted 20 minutes, assaluted a LEO,, extreme DUI,,,
We were all for the LEOSs and seeing the in law go to the hole for a long time. He deserved to be locked up.
None of the family backed him up or helped him in any way. We felt bad for the LEO he assaulted.
He hired a lawyer and beat the whole rap. Made it look like a fun day at the beach.
I s#it you not it's true.
My point is, if a dim witted moron like him can beat it, anyone can.

[Boatcop]

Well,, lucky for him they didn't have the same parameters for OUI as DUI. It is his first offense, but due to the BAC, he is looking at Extreme OUI. His wife told me the wrong offense. Funny thing is they charged him with OUI twice. Once for being over .08 and once for being over .15. I figured it would be a single charge, not 2.
Stupid thing is there were 3 sober people in the boat with him that could/ should have been driving. Like I said earlier, I have no sympathy for him...
He should have been hit for 3 charges.
1) ARS 5-395.A.1: Impaired to the Slightest Degree
2) ARS 5-395.A.2: BAC Over .08%
4) ARS 5-397: Extreme OUI (Over .15%)
So clear something up for me Allen... I though any time served less the 365 days is in the county lock-up, not the state system??
Not necessarily.
AZ law defines "Misdemeanor" means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state.
"Felony" means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state.
Generally sentences of 365 days or less is served in County Jails, but it's determined on what is "Authorized", rather than the actual sentence.
We've had people sentenced to 2 years in Prison, but because they were in jail for nearly 2 years awaiting trial, they were shipped to DOC, processed in, and released within a couple of days. In AZ, any time served in jail awaiting trial or sentencing is counted toward their final sentence.
An exception to the above, is for terms which state the sentence must be continuous. For example, a person who was in jail for 12 hours and then released after arrested for DUI, and is later sentenced to 24 hours in jail still has to serve 24 hours. He doesn't get credit for the 12 hours. But if he spent 24 hours before being released, he would be sentenced to time served.

[Sotally Tober]

Where was he boating?

[Classic Daycruiser]

Where was he boating?
What did he do to attract the attention of LE?

[Seadog]

I do not know about AZ & CA, but we have some county lockups that will handle overflows from the prison system when they have extra room. Personally, I think we should have separate facilities for those in for those few crimes which are not violent behavior. Make them more like a POW camp. Low maintenance and lots of manual labor to keep them occupied.

[CBadDad]

1) ARS 5-395.A.1: Impaired to the Slightest Degree
Here is the law that just CHAPS MY HIDE!!!
Totally rediculous. Have a sip of beer, but the LEO doesn't like your attitude and off to jail you go. Doesn't matter if your BAC is .001 and the DA refuses to press charges, you still spent some time in jail, out of whatever bond you posted as well as criminal defense attorney fees, vacations ruined for you and everyoe else with you and too top it all off, there is nothing you can do about it. The Cop gets to hide behind his badge and you're suppose to be happy about it. It's just wrong!
Rant over...

[ratso]

I like to be on the road at 2am, not drinking, and make illegal lane changes, veer onto the shoulder and cross back and forth over the center stripe...

[Boatcop]

Here is the law that just CHAPS MY HIDE!!!
Totally rediculous. Have a sip of beer, but the LEO doesn't like your attitude and off to jail you go. Doesn't matter if your BAC is .001 and the DA refuses to press charges, you still spent some time in jail, out of whatever bond you posted as well as criminal defense attorney fees, vacations ruined for you and everyoe else with you and too top it all off, there is nothing you can do about it. The Cop gets to hide behind his badge and you're suppose to be happy about it. It's just wrong!
Rant over...
This is a myth.
Just as the law presumes that you ARE impaired at .08% or above, it also presumes that you ARE NOT impaired at .05% or below.
Between .05% and .08% there is no presumption either way. But with sufficient evidence, such as erratic boat operation, poor performance on FSTs, appearance of intoxication, etc. you can be charged with "Impaired to the Slightest Degree" if between .05% and .08%.
We all know someone who's a "Cheap Date". You know. The ones that are stumbling around after 1 or 2 drinks. These are the ones that portion is designed to impact. But in most cases, it won't apply, unless there are drugs involved. In the case of drugs, it is illegal to drive/operate while the metabolite of any controlled substance is in the blood.
It also doesn't apply to commercial drivers/operators while operating in a commercial setting. Their limit is set at .04%. Nor does it apply to those under 21, where liquor laws prohibit vehicle or boat operation with ANY level of alcohol in their system.
But the myth of getting arrested and charged with OUI/DUI after 1 drink and a .01% BAC just doesn't happen.

[Mardonzi]

What did he do to attract the attention of LE?
Being stupid out of season..
He came into the marina at Powell without his Nav lights on at dusk.
Granted, he was the only one on the water at that time and driving at a slow, controlled speed, he still deserved the ticket. Better to drag him off of a boat that isn't a threat to anyone than to have him park the boat, get into his car, and drive home. At that point he's a threat to everyone.

[Boatcop]

Personally, I have a problem with "multiple charges" for the same offense or incident. It's just another bullsh*t way for the state to enhance the pains and penalties($).
The same can be said for the "hate crime" designation. It's just BS and discriminatory.
Rio
There are no enhanced penalties for the multiple charges.
Impaired is the same as above .08%
Penalties for Extreme are the same as Impaired and .08% thrown in.
The other charges apply, but in the final outcome they're lesser included in the top charge, and only the penalties for the highest charge are imposed.

[CBadDad]

Boatcop, first I want to thank you for taking the time to help educate us all. But I could find nowhere anything about being presumed sober below .05%. You actually contradict yourself when you talk about commercial drivers who can't be over .04%. Certainly it can be argued that someone who is below .05% is the preverbial "cheap date" and is Impaired to the Slightest Degree.
Having said that, and without trying to sound too argumentative, I agree with you that it is rarely enforced, however my stance is and remains that some LEO can use that (ARS 5-395.A.1: Impaired to the Slightest Degree) to "teach someone a lesson" and then there is no repercussions because that LEO hides behind their color of authority, leaving the accused high and dry.
Most cops are just ordinary folks who want to go home at the end of their shift. But sometimes they have bad days too. When that happens, ordinary folks who don't have a badge can (and do) get screwed. And to top it off, there ain't much the little guy can do about it, other than watch their P's & Q's and hope Officer 5'2" isn't having a bad day.

[Boatcop]

Here is AZ Title 28 (Motor Vehicle Laws) 1381. :
G. In a trial, action or proceeding for a violation of this section or section 28-1383 other than a trial, action or proceeding involving driving or being in actual physical control of a commercial vehicle, the defendant's alcohol concentration within two hours of the time of driving or being in actual physical control as shown by analysis of the defendant's blood, breath or other bodily substance gives rise to the following presumptions:
1. If there was at that time 0.05 or less alcohol concentration in the defendant's blood, breath or other bodily substance, it may be presumed that the defendant was not under the influence of intoxicating liquor.
2. If there was at that time in excess of 0.05 but less than 0.08 alcohol concentration in the defendant's blood, breath or other bodily substance, that fact shall not give rise to a presumption that the defendant was or was not under the influence of intoxicating liquor, but that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.
3. If there was at that time 0.08 or more alcohol concentration in the defendant's blood, breath or other bodily substance, it may be presumed that the defendant was under the influence of intoxicating liquor.
And in Arizona Title 5 (Boating Law) 395.
E. In any trial, action or proceeding for a violation of this section or section 5-396 other than a trial, action or proceeding involving operating or being in actual physical control of a commercial motorized watercraft, the defendant's alcohol concentration within two hours of the time of operating or being in actual physical control as shown by analysis of the defendant's blood, breath or other bodily substance gives rise to the following presumptions:
1. If there was at that time 0.05 or less alcohol concentration in the defendant's blood, breath or other bodily substance, it may be presumed that the defendant was not under the influence of intoxicating liquor.
2. If there was at that time in excess of 0.05 but less than 0.08 alcohol concentration in the defendant's blood, breath or other bodily substance, such fact shall not give rise to any presumption that the defendant was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.
3. If there was at that time 0.08 or more alcohol concentration in the defendant's blood, breath or other bodily substance, it may be presumed that the defendant was under the influence of intoxicating liquor.
I stand by my statements.

[Boatcop]

State Law regarding boat or vehicle operation in a commercial status sets the BAC limit at .04%.
That particular section doesn't mention impairment, just makes it illegal for a person to operate a commercial vehicle with an alcohol concentration of .04% or above.
This is due to the fact that commercial operators are responsible for the safety of their passengers, who have paid for the privilege of riding with them, as in buses, taxis, limousines, tour boats, para sail boats, etc.
Or they are piloting 65 foot tractor-trailers down the road, with the potential for serious injuries and death with a moment of distraction or inattention.
The same limit (.04) applies to airplane pilots, commercial or not. I know there are Federal limits on commercial pilots, but AZ has a special statute for any aircraft pilot, which is aimed at the General Aviation pilot.