Holidays may be a time for celebration, but they also mark the kickoff to high season for DUIs and domestic violence. The highest rates of alcohol-related deaths on the road occur between the Wednesday before Thanksgiving and New Year’s. Nationally, December ranks as one of the most dangerous months for alcohol-impaired vehicle crashes and fatalities. Sadly, holidays also bring the highest spikes in domestic violence incidents.
Arizona follows national trends when it comes to the risks and dangers of the season. This extends into January and beyond as Greater Phoenix hosts a series of back-to-back, high-profile events. Barrett-Jackson, the Waste Management Phoenix Open and Spring Training are among the biggest draws for visitors and locals, prolonging the parties and legal perils.
Arizona by the numbers
According to the National Highway Traffic Safety Administration, despite having some of the strictest DUI laws in the country, Arizona ranks sixth in the nation for DUI deaths. While Arizona ranks 14th in total population, it ranks 12th in the U.S. for the number of domestic violence survivors living in shelters. The Arizona Coalition to End Sexual and Domestic Violence states approximately 43% of women and 33% of men are domestic violence victims. And at least one child in Arizona witnesses a domestic violence incident every 44 minutes.
DUI dos and don’ts
DUI enforcement in Arizona is aggressive, especially on weekends, holidays and during big events. Drivers should expect police covering the roads and special task-force operations to be on high alert. If planning to drink, it is always best not to drive and to opt for a ride-sharing service or other alternative. Even if you feel “okay,” you can still be arrested for DUI and charged if you are below the legal limit, depending on impairment.
If you are pulled over, remain calm, polite and compliant. Provide required documents and follow lawful instructions from an officer. Drivers are not required to answer questions about where they have been or whether they have been drinking. Steer clear of any roadside arguments with police or trying to talk your way out of a ticket; those conversations can be used as evidence.
Unexpected legal risks
Many are unaware that a police officer can issue a DUI charge even if the car is parked and the engine is turned off. Legally, if a person is considered in “actual physical control” of the vehicle — such as sitting in the driver’s seat with access to the keys — law enforcement may still make an arrest based on the surrounding circumstances. Additionally, if taking prescription medication that can impact operating a vehicle, there is a risk of DUI.
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What if you’re a witness?
If you observe someone driving erratically or become aware of a suspected domestic dispute, call 911 immediately. Do not try to follow or intervene in a situation that can put your safety at risk. Note identifying information such as a license plate number, the make or model of a car, an address or a description of the people involved.
For domestic disputes, it is important to know that Arizona has mandatory arrest laws that apply to many situations, even if the parties involved do not want to press charges. Under any potentially dangerous or illegal scenario, keep your distance.
Professional consequences and protections
What happens during personal time can have an impact on professional life. Even a misdemeanor charge can affect professional licenses, appear on background checks, and influence insurance rates and security clearances. Another difficult-to-quantify, long-term cost is the potential negative impact on overall business reputation.
To minimize negative consequences, early legal guidance is critical. When someone is charged with a crime of any kind, how the case is handled in the first few days will largely determine the long-term professional, financial and legal consequences.
Author: Ryan W. Cummings is the lead attorney and founding partner of R&R Law Group in Scottsdale, where he focuses exclusively on criminal defense. Cummings represents clients in cases ranging from first-degree murder and high-level felonies to DUIs, misdemeanors and criminal traffic violations. Originally from Indiana, Cummings holds a Bachelor of Science in finance and marketing from the University of Evansville in Indiana and went on to earn his Juris Doctor from the Phoenix School of Law. Cummings was admitted to practice law in Arizona in 2011 and is licensed to practice in Federal District Court and the United States Supreme Court. He has also served the legal community through leadership in the Scottsdale Bar Association, where he worked through the ranks from secretary to vice president and ultimately, president. He is also a member of the Maricopa County Bar Association, the State Bar of Arizona and various defense attorney organizations. Additionally, Cummings serves as a member of the Phoenix City Contract Attorney’s Office, where he represents clients on select cases, often pro bono.
