Driving under the influence is also seriously punishable by significant jail time and fines. If a driver has a blood alcohol concentration (BAC) of .08% or more or is under the influence of drugs or alcohol while in control of a vehicle, whether or not the car is in motion, they can be charged with DUI. The penalties will depend on the situation, such as the driver’s exact BAC and prior convictions:
- 1st offense: minimum 10 days in jail; at least $1,480 in fines; 90-day license suspension; 1-year mandatory use of ignition interlock device (IID)
- 2nd offense: minimum 90 days in jail; at least $3,000 in fines; 1-year license suspension; 1-year mandatory use of IID
Additionally, Arizona implements implied consent laws that require individuals to submit to a blood or breath test. Refusal could lead to a 1-year license suspension for a first offense and a 2-year suspension for a second and subsequent offense. Visit our page on DUI/DWI to learn more.
Divorce and Custody Negotiations
Family law can also be a challenging facet of the legal system to navigate. Whether you seek to file for divorce or negotiate a child custody order, you will benefit from having a lawyer on your side as you file the Petition for Dissolution of Marriage or receive the divorce paperwork served on you by your spouse. Note that all respondents have 20 days from the date of service to file a response if they are in Arizona or 30 days if they are outside the state. If they do not file an answer, the dissolution may be granted to the filing spouse by default.
Spouses who are amicable may negotiate a settlement agreement on their own outside of the court If they both agree to all the terms of the divorce. If spouses cannot reach an agreement on their own, though, they can pursue alternative dispute resolution methods like mediation before turning to litigation.
Recall that when determining a child custody arrangement, a Mesa judge will base their decision on the child’s best interests, such as:
- the past, present, and potential future relationship between each parent and the child;
- each child’s relationship with their parents, siblings, and anyone else who may affect the child’s best interest;
- the child’s adjustment to home, school, and community;
- the child and parents’ mental and physical health;
- which parent is more likely to encourage a relationship between the child and the other parent;
- whether either parent has committed domestic violence or child abuse;
- whether either parent has intentionally misled the court to gain an advantage in the litigation or made a false report about child abuse or neglect;
- the child’s wishes, if they are of suitable age and maturity; and
- any other relevant factors.
An experienced family lawyer can provide more individualized guidance in navigating your divorce petition and child custody negotiation.
Let the Law Office of Phil Hineman, P.C. Help You
If you are facing a legal issue in Mesa, Arizona, do not hesitate to put an experienced trial attorney on your case. The Law Office of Phil Hineman has been working with clients in Mesa for years, and the firm is well-equipped to handle your bankruptcy litigation, criminal defense, or family law matters.