Nothing puts a damper on celebrating American freedom like criminal charges. But for hundreds of Phoenix residents, that’s exactly what they’ll be facing during Fourth of July celebrations this year. With all the DUIs and illegal fireworks, the Fourth of July is a busy day for law enforcement. Depending on your plans for the holiday, you might wake up locked up and in need of a criminal defense lawyer. If that’s the case, know that Lerner and Rowe Law Group is available 24/7 (including holidays) to help.
The ideal option is to avoid getting arrested and enjoy the holiday safely and responsibly. That’s why we’ve created the following guide to staying out of legal trouble on the Fourth of July.
Fourth of July DUIs
Alcoholic beverages are an integral part of Fourth of July celebrations for many. According to WalletHub, Americans spent an estimated $1.4 billion on beer and wine for the holiday weekend in 2021. The Fourth of July is also a popular holiday for travel with AAA predicting 47.9 million people will travel for the holiday in 2022.
The likelihood of being in a car accident rises with so many people out driving. More people on the road on a holiday weekend leads to an increase in drunk and stoned drivers getting behind the wheel. The combination of a holiday, alcohol, and extra travelers is a recipe for avoidable accidents, injuries, and arrests.
Arizona is known for having some of the harshest DUI penalties in the country. You can expect that Phoenix law enforcement will set up checkpoints to find drunk drivers on major holidays like the Fourth of July, where drinking is likely a part of the festivities.
Under Arizona Revised Statutes (ARS) 28-1381, it is illegal to drive or be in actual physical control of a motor vehicle while intoxicated by alcohol, drugs, toxic vapor releasing substances, or any combination of the three. This means you can get pulled over, arrested, and charged with a DUI for what the law refers to as impairment to the slightest degree—that is, you can have a blood alcohol concentration (BAC) of less than 0.08% and still be charged and convicted.
A first offense for DUI is classified as a Class 1 misdemeanor. Penalties may include:
- A maximum jail sentence of six months (a mandatory minimum of 10 days)
- Up to $2,500 in total fines and fees
- Driver’s license suspension of at least 90 days
- Installation of an Ignition Interlock Device
- Probation up to three years
- Community service
- Mandatory drug & alcohol assessment
- Alcohol education class
- Alcohol or substance abuse counseling or in-patient treatment
- Eight points assessed to driver’s license
- Requirement to attend Traffic Survival School (TSS)
A DUI conviction can affect subsequent DUI charges and remain on your record for seven years. Even harsher punishments apply for future DUIs. Additionally, it you are found to be a fault for a DUI-related traffic fatality in Arizona, you could be charged with negligent homicide, manslaughter or second-degree murder, which all carry harsh penalities including prison and felony convictions.
DUIs are completely avoidable. All it takes is some planning to ensure you can still go out and have a good time. Here are a few things to consider and plan for during your Fourth of July celebrations:
- Choose a designated driver
- Use a ride share service
- Ask a sober friend or family member to drop you off and pick you up
- Make sure someone knows where you are at all times
- Set a limit for yourself, if driving
- Eat a full meal before drinking
- Stay hydrated and drink plenty of water
- Have a backup plan if you overindulge or can’t find a safe ride back home
Illegal Fireworks in Phoenix
Since Arizona adopted new fireworks laws in 2014, the sale and use of permissible consumer fireworks is now allowed. However, not all fireworks are legal in Arizona. Those considered more likely to cause injury or property damage are still illegal.
According to the City of Phoenix, legally permissible fireworks include:
- Cylindrical and cone fountains
- Ground spinners
- Ground sparkling devices
- Spinning wheels
- Illuminating torches
- Sparklers
- Smoke devices
- Glow worms
- Snap caps
- Party poppers
Possession of illegal fireworks can spell trouble. Illegal fireworks include any that detonate in the air. Banned fireworks in Phoenix include:
- Bottle rockets
- Sky rockets
- Roman candles
- Aerials
- Single-tube devices with reports
- Firecrackers
- Reloadable shell devices
Violating any of Arizona’s fireworks laws could land you in legal trouble. In Arizona, those aged 16 and older can purchase legal fireworks at properly permitted facilities from May 20 to July 6 for use between June 24 and July 6.
There is a $1,000 penalty for selling, purchasing, or using fireworks outside of those dates. You may be charged with a Class 1 misdemeanor and subject to civil penalties that vary from $150 to $1,000 if you are found using illegal fireworks or breaking local city ordinances while using authorized fireworks.
Setting off fireworks on land of preservation lands owned by the state or city has mandated a minimum fine of $1,000. If you use fireworks that cause a fire or shoot fireworks while there is a State Stage One Fire Restriction in effect, you could be subject to additional fines.
Intentional and Accidental Fires
If you’re irresponsible, a great Fourth of July weekend could end in disaster. Using fireworks recklessly, both illegal and legal fireworks, or letting a fire pit or grill burn unattended can all result in fires that harm property and potentially put lives in danger.
You could still be subject to harsh criminal charges even if you don’t intentionally start a fire. The penalties will also increase from a misdemeanor to a felony if the court finds that the fire was started intentionally.
You may be charged with arson if you intentionally set fire to a building, piece of property, or wildland. Depending on the value of the burned property, arson of an uninhabited building or other property can be punished with anything from a class 1 misdemeanor to a class 4 felony and a sentence of up to 3.75 years in prison.
Regardless of the value of the property, setting a building on fire while it is occupied is a Class 2 felony that carries a maximum 12.5-year prison sentence.You might be charged with arson if you inadvertently cause a fire, but you could also be charged with reckless burning.
Although the consequences for irresponsible burning are often less severe than those for arson, they should still not be disregarded. Usually classified as a Class 1 misdemeanor, reckless burning that damages occupied or unoccupied buildings, property, or wildlands can result in fines up to $2,500 and up to six months in jail.
Boating Under the Influence
Another popular Fourth of July activity is boating. Unfortunately, the holiday is frequently the most dangerous time to go boating. According to the American Boating Association, the 4th of July, along with Memorial Day and Labor Day, typically accounts for more than one-third of all boating related accidents and fatalities.
If you’re planning on taking your boat out on Bartlett Lake or Canyon Lake, follow these safety tips to prevent a boating accident:
- Wear a life jacket, and be sure that there are enough life jackets on board for every passenger.
- If you intend to go out after dark to see a fireworks display on the water, be sure all of your equipment is in working order, especially your navigation lights.
- Prepare for emergencies.
- File a float plan, or an overview of your boat trip and locations, with a friend or relative.
- Keep an eye out for other boats, rapidly changing weather, or other hazards.
- Use common sense, decency, and caution.
Like drinking and driving, drinking while driving a boat is illegal. Anytime you operate a vessel on Arizona waters, you consent to being tested for alcohol or drugs. If you fail a sobriety or chemical test, you can be arrested by a law enforcement officer. This can lead to an Operating Under the Influence (OUI) charge, which can result in fines up to $1,450 and 10 days in jail. You’ll face even stiffer penalties for Extreme OUI, Super Extreme OUI, Aggravated OUI, or if you cause a boating accident while under the influence.
Hire a Top Phoenix Criminal Defense Attorney
From DUI, OUI, arson, to the use of illegal fireworks, and any of the above criminal activities can lead to an arrest this Fourth of July. If you find yourself or someone you’re with in legal trouble during the holiday weekend, an experienced Phoenix criminal defense attorney at Lerner and Rowe Law Group can help you in understanding your legal rights. To ensure you get the representation you deserve, we offer free initial consultations and affordable payment plans.
If you need a Phoenix Criminal Defense Attorney, Don’t wait—use our convenient online LiveChat or call us 24/7 at 602-667-7777 to discuss your case today. You can also forward us the details of your case by filling out this form.