Know Your Rights: Navigating Arizona DUI Laws
At Future First Criminal Law, our courtroom experience speaks volumes. What makes us unique is our firsthand understanding of the criminal justice system. Our founder, Zachary Divelbiss, has personally faced criminal charges and jail time, motivating him to establish this firm to represent marginalized individuals.
In Arizona, even a minor DUI or criminal arrest can have serious consequences. With us, you have rights and a seasoned DUI and Criminal Defense Lawyer by your side, offering the best chance at a favorable outcome. Reach out for a complimentary phone consultation today. And if you’re still undecided, take a look at our reviews from past clients.
- Top-Rated Arizona Lawyers Successfully Defending Clients throughout the Phoenix Metro Area – Maricopa County
- With an extensive understanding of Maricopa County Courts, our dedicated DUI & Criminal Law Services are specifically tailored for our Phoenix Metro Area Clients
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What You Need To Know and Understand About Arizona DUI Laws
Arizona’s DUI laws are among the strictest in the country, with stringent penalties for offenders. The legal blood alcohol content (BAC) limit is 0.08%, but there are also stricter limits for extreme and super extreme DUI offenses. It’s important to note that DUI laws apply not only to alcohol but also to driving under the influence of drugs, including prescription medications. Driving under the influence (DUI) charges in Arizona can have severe legal and personal consequences. Understanding the nuances of Arizona DUI laws is crucial for all drivers to avoid potential legal troubles and protect their rights.
A DUI arrest in Arizona can have a profound impact on your life, altering its course indefinitely. If you find yourself convicted of an aggravated DUI, the consequences can be severe, ranging from the suspension of your driver’s license to imprisonment and enduring DUI penalties.
At Future First Criminal Law, we are committed to providing unwavering support throughout this difficult period and offering the legal expertise necessary to navigate the complexities of your case. You can trust us to guide you through the process, ensuring you fully comprehend the challenges that lie ahead.
- Key Components of Arizona DUI Laws – Arizona categorizes DUI offenses into standard DUI, extreme DUI, and super extreme DUI, each with escalating penalties. Understanding the legal limits for alcohol and drug impairment is essential, as is knowing the legal process from arrest to conviction. Police protocol during a DUI stop, including field sobriety tests and breathalyzer tests, is also crucial to understand.
- Your Rights and Responsibilities – As a driver in Arizona, you have certain rights when facing a DUI arrest. You have the right to refuse field sobriety tests, but refusal may result in administrative penalties such as license suspension. It’s important to know your legal obligations after a DUI arrest and seek legal advice and representation to navigate the legal process effectively.
- Strategies for Avoiding DUI Charges – To avoid DUI charges in Arizona, it’s essential to designate a sober driver or use alternative transportation when drinking. Understanding your personal limits and signs of intoxication can also help prevent DUI incidents. Seeking legal advice and representation at the onset of a DUI arrest is crucial for protecting your rights and minimizing legal consequences.
- Consequences of DUI Convictions – The consequences of DUI convictions in Arizona can be severe, including administrative penalties such as license suspension and criminal penalties such as fines, jail time, and probation. Additionally, DUI convictions can have long-term impacts on employment, insurance, and personal reputation.
- Common Defenses in Arizona DUI Cases – There are several common defenses that can be used in Arizona DUI cases, including challenging the validity of field sobriety tests, contesting breathalyzer or blood test results, and questioning the legitimacy of the traffic stop. Working with an experienced DUI defense lawyer can help you identify the best defense strategy for your case.
Navigating Arizona DUI laws can be complex, but with the right knowledge and legal guidance, you can effectively protect yourself from potential legal troubles. By understanding the legal limits, your rights and responsibilities, common defenses, and strategies for avoiding DUI charges, you can make informed decisions and safeguard your future on the road. If you find yourself facing DUI charges in Arizona, don’t hesitate to seek legal assistance to protect your rights and explore your defense options. Request your free phone consultation below!
Request a Free Phone Consultation For Your Maricopa County Arizona Case
Don't Delay: Understanding the 30-Day Window for MVD Hearings in Arizona
If arrested for DUI in Arizona, you must request an MVD hearing within 30 days to contest license suspension. This hearing, separate from criminal proceedings, focuses solely on license suspension. Failing to act within this timeframe can lead to automatic suspension, irrespective of later court proceedings. Prompt action preserves your right to challenge suspension, allows gathering of crucial evidence, and demonstrates commitment to defending your rights, potentially leading to a more favorable resolution.We’re here to assist you and protect your driving privileges!
What Happens If I Am Pulled Over For DUI In Phoenix?
If you’ve been pulled over in the Phoenix Metro area, remember your right to remain silent. It’s crucial to comply with the officer’s requests, but politely decline to answer questions or speak to investigators until you’ve consulted with an experienced DUI Lawyer.
Probable Cause
For Arizona DUI charges to be valid, the police officer must have had a legally acceptable reason for pulling you over, known as probable cause. Legitimate reasons for a traffic stop include:
- The driver has committed a traffic violation
- The driving pattern is consistent with intoxication
- The vehicle was involved in an accident
- The officer suspects the driver or vehicle was involved in an independent crime
- The driver/vehicle was stopped at an authorized DUI checkpoint
- The officer received a tip from a civilian you are suspected of drunk driving
Physical Indications of Intoxication
After being pulled over, law enforcement officers in will observe any physical indications suggesting intoxication. These officers receive specialized training to recognize these signs and are required to document and testify about them later. Common physical indicators they look for include:
- Bloodshot eyes
- Slurred speech
- Emitting the odor of an alcoholic beverage
- Unsteady stance or gait
- Slurred speech
- Red, flushed face
- Aggressive or belligerent behavior
Roadside Exercises
It’s crucial to remember that participating in the following roadside exercises is VOLUNTARY, and a police officer cannot make an arrest solely based on your refusal to perform them. If you choose to participate, the officers are required to record the exercises for potential use in court proceedings.
Several tests have been developed to help officers detect intoxicated drivers over the years. However, police officers are specifically trained to administer three exercises for this purpose. These tests require a safe location and a demonstration by the officer before you are asked to perform them. Here are the three exercises approved for use:
Walk and Turn – The subject takes nine heel-to-toe steps, pivots, and takes nine steps back. The officer will be watching to see if the subject leaves gaps between steps, holds their arms out to the side to maintain balance, or makes a mistake on their count.
One Leg Stand – The subject will raise either foot six inches off of the ground and hold it while they count to 30, using a “one-one-thousand, two-one-thousand, three-one-thousand count.” The officer will watch to see if the subject drops their foot to the ground, holds their hands out to maintain balance, miscounts, or rushes their count.
Horizontal Gaze Nystagmus – The subject will follow the tip of a pen or finger with their eyes. The test tracks the smooth pursuit of the eye. As a subject becomes more intoxicated, there is an involuntary flutter that occurs in the eyes. The officer will look at any bouncing of the eyes as they follow the tip of the pen.
Arizona Implied Consent Law
Arizona, like many other states, operates under an implied consent law. This means that by obtaining a driver’s license, you automatically agree to submit to a blood, breath, or urine chemical test if requested by law enforcement. Refusing to take a chemical test in will result in the suspension of your driver’s license, similar to what would happen if your blood alcohol content (BAC) exceeded .08%.
How Is Impairment Assessed?
Police officers will conduct field sobriety, blood, or breath test to determine if you’re impaired. If you fail the tests, you may be arrested for DUI.
- Field sobriety test: You will be requested to get out of your vehicle and perform several basic physical tests to determine if there are any obvious impairments. Taking this test is not mandatory, and you can decline to do so.
- Breath test: A breathalyzer test involves blowing into an instrument that gives the police officer a reading indicating how much alcohol you are likely to have in your blood. If your blood alcohol content is above the 0.08% limit, you may be arrested and taken to the police station for further investigation, and you may be required to undergo a second, more accurate breath test before a result can be obtained.
- Urine test: Among the three tests to determine alcohol impairment, urine tests are the least accurate. Despite their inaccuracy, urine tests are increasingly used to detect illegal drugs in the body. As a result, urine tests are conducted in DUI cases where Arizona police suspect a driver may also be under the influence of drugs.
A refusal to submit to a chemical test may result in a one-year suspension, and a second refusal within seven years may result in a two-year suspension.
Joshua Black - Attorney
“I have had the pleasure of working with Mr. Divelbiss in the past and know him to be a hard working professional. His attention to detail and care for his clients set him apart from the rest!”
Alex
“⭐⭐⭐⭐⭐ 10 Stars first of all I want to say thanks to God for these great lawyers that help me in my DUI case I want to say thank you to Trevor for being 100% professional and their team of lawyers Andrea thank you Megan thank you. On the day of my court date I was really nervous but when I seen my lawyer Zach he was really professional give me good advise. I thought I was going to lose my job but Zach my lawyer help me reduce my jail sentence to less time I just want to say thank you for being so professional Zach great lawyer 100% I recommend him to anyone that needs help with their DUI cases and doesn’t matter what kind of DUI they will help you out a lot I will give them not only 10 Stars but a hundred more thank you future first criminal law I recommend them to anyone thank you.”
Dean
“Future First Criminal Law exceeded my expectations, on my first court appearance an old charge came up out of no where and the judge wasn’t going to let me leave. Ed got right on his phone and got it all cleared up! It is always best to have a private lawyer especially with criminal charges, the outcome will always be better and I highly recommend future first. Ed made a personal video breaking down my charges, the discovery, and my plea offer step by step. If you are questioning whether or not to get a lawyer, future first is the way to go 100%. You can’t put a price on freedom!! Thanks Ed!!!!“
Taz
“They helped me tremendously, I had some extreme charges for my DUI and assault case, they got me the best deal I could get. 1 day jail time. Based on what I couldve spent. They have a great team, they communicate well with you an guide you thru your entire ordeal. Ed Robinson was my lawyer. I highly recommend them!!“
Jesse
“Future First Criminal Law is an excellent firm. They helped me out with a case I had. They are friendly throughout the whole process. They are professional, thorough, and I would definitely recommend them to anybody who’s in need of their services. They also allowed me to set up payment plans which was greatly appreciated. Working with them took a lot of stress, and weight off the whole situation. I just recently had them help me with my set aside as well. Thank you Future First Criminal Law.”
Tyler
“Zach and his team were great! Right away after we spoke to Zach we felt a sense of relief from all of our worries and concerns. Being in a position to find an attorney isn’t always a fun thing to do. Thank you Zach and your entire firm for your constant updates and great communication. You never left us in the dark or wondering when we might have our questions answered. We will certainly refer your firm to anyone we know looking for your services. Thank you, for all your time and efforts for our case.”
Adam
“If I could rate Future First Crimal Law higher I would. After making the dumb mistake of getting a DUI they have been there for me every step of the way. There is nothing worse than going at this alone. You want someone in your corner during this stressful time and no one is better than Zach and his team there. They walk you through everything, keeps records of a what you need to do for the courts and sends it to them, and gets you the best case scenario sentence. Without them the consequences would’ve been much worse so very thankful to the team.”
Zat
“I am so grateful for the service I was given by all the Team of Future First Criminal Law and particularly Attorney ED Robinson, from the Day one of my appearances until the sentencing he was there encouraging me and the Defense he has taken on my behalf has made me more confident and all my stress and Depression was gone, I’m so thanks full for helping me in this terrible situation. I’ll be suggesting you to everyone in my situation. God Bless Future First Criminal Law; God Bless Attorney ED Robinson.“
Celeste
“I would just like to express the life changing help and support I received from the legal team at Future First! The endless hours and resources spent by these legal professionals really made a significant impact on my life. I’m so grateful for the help of the legal system and experts whom treated my case like it was their own. I truly know that they can do the same for you! Thanks again to everyone at Future First, words can’t even begin to express my gratitude for getting me the best possible outcome! Happy holidays. I’m happy to be spending mine with friends and family while continuing to be a contributing member of society.“
Josephine Hallam - Attorney
“Attorney Divelbiss is bright, hard-working, and well-versed in criminal law. His legal writing is superb, and his commitment to his clients is outstanding. He will fight for you and offer you the best defense possible. Additionally, he is a pleasure to work with. I fully endorse this lawyer.”
Arnie
“More than a year ago, I found myself in some serious legal trouble facing the possibility of a lengthy prison sentence. My fiancé, Jackie and I decided we needed a good attorney to help us maneuver through this difficult situation. We are not rich people and we were afraid that we would not be able to find a reliable and reputable firm at a price we could afford. We searched the internet and came across Future First Law Firm. When Jackie saw the high rating and many five star reviews she convinced me to give them a call. After a short conversation with Zach, we were both convinced we had found the right firm. It took over a year and several court appearances but Zach and his team stood by my side through it all and helped me get a great plea. It was a nerve-racking process, but Zach was always patient and ready to address any concerns we had. Thanks to Future First, we are excited about our plans for the future. If you find yourself in a legal mess, I highly recommend hiring Zach and his team.“
Dustin
“This team are absolute rockstars!!! They resolved my legal endeavors in a timely & affordable manner. Not only did they do everything I needed…but they basically took the reins with no inconvenience to myself and were on the ball with every step. I highly recommend their expertise!“
Ryan Renauro - Criminal Defense Attorney
“I can’t say enough good things about Zachary. I have had the privileged to meet him through professional channels and he has helped me out a ton with the knowledge he possesses, his experience, and his kind heart and willingness to go the extra mile to help.“
Future First Criminal Law stands as a seasoned team of Lawyers ready to assist with DUI and Criminal charges in the Phoenix Metro area. Discover how our team can be instrumental in navigating through your legal challenges.
If faced with a DUI and/or Criminal case, engaging the services of an experienced DUI/Criminal Lawyer is the initial and vital step. Seasoned Lawyers, like those at Future First Criminal Law, offer the effective defense necessary for a favorable outcome.
We Help Keep Good People Out Of Jail!
Ready To Hire An Arizona DUI Defense Lawyer? We Got You!
While facing a DUI charge in Arizona may initially seem straightforward, the complexities of the Arizona DUI law mean there are many layers to the charge and the subsequent penalties. The Arizona DUI law makes it evident an experienced lawyer can greatly simplify navigating these layers. If you have been charged with a DUI in Arizona, the stiff penalties you face can cause significant disruption to your life. You need an experienced Phoenix DUI Defense Lawyer to review your case and guide you in deciding your next steps. The DUI lawyers at Future First Criminal Law will work diligently to secure the best possible outcome for your case. Contact us today for a free phone consultation.
Standard DUI
(BAC higher than .08%)
1st Offense
- Jail Time Days: 1+
- Home Detention Days: After 1 Day Served
- License Suspension: 90 Days – 1 Year
- Penalties and Fines: $1,500+
- Ignition Interlock Device: 6 Months
- Points on License: 8
- Alcohol Screening and Counseling
- Traffic Survival School
- SR22 Insurance
2nd Offense
- Jail Time Days: 6+
- Home Detention Days: 24+
- License Revocation: 1 Year
- Penalties and Fines: $3,500+
- Ignition Interlock Device: 1 Year
- Community Service Hours: 30+
- Points on License: 8
- Alcohol Screening and Counseling
- Traffic Survival School
- SR22 Insurance
3rd Offense
- Prison Time Days: 120+
- Home Detention Days: Not Available
- Supervised Probation: 5+ Years
- License Revocation: 3 Years
- Penalties and Fines: $5,000+
- Ignition Interlock Device: 2 Years
- Points on License: 8
- Alcohol Screening and Counseling
- Traffic Survival School
- SR22 Insurance
Extreme DUI
(BAC higher than .15%)
1st Offense
- Jail Time Days: 2+
- Home Detention Days: 7+
- License Suspension: 90 Days – 1 Year
- Penalties and Fines: $3,000+
- Ignition Interlock Device: 1 Year
- Points on License: 8
- Alcohol Screening and Counseling
- Traffic Survival School
- SR22 Insurance
2nd Offense
- Jail Time Days: 24+
- Home Detention Days: 36+
- License Revocation: 1 Year
- Penalties and Fines: $4,000+
- Ignition Interlock Device: 1 Year+
- Community Service Hours: 30+
- Points on License: 8
- Alcohol Screening and Counseling
- Traffic Survival School
- SR22 Insurance
3rd Offense
- Prison Time Days: 120+
- Home Detention Days: Not Available
- Supervised Probation: 5+ Years
- License Revocation: 3 Years
- Penalties and Fines: $5,000+
- Ignition Interlock Device: 2 Years
- 8 Points on License
- Alcohol Screening and Counseling
- Traffic Survival School
- SR22 Insurance
Super Extreme DUI
(BAC higher than .20%)
1st Offense
- Jail Time Days: 3+
- Home Detention Days: 11+
- License Suspension: 90 Days – 1 Year
- Penalties and Fines: $3,500+
- Ignition Interlock Device: 1+ Years
- Points on License: 8
- Alcohol Screening and Counseling
- Traffic Survival School
- SR22 Insurance
2nd Offense
- Jail Time Days: 36+
- Home Detention Days: 54+
- License Revocation: 1 Year
- Penalties and Fines: $5,000+
- Ignition Interlock Device: 2 Years
- Community Service Hours: 30+
- Points on License: 8
- Alcohol Screening and Counseling
- Traffic Survival School
- SR22 Insurance
3rd Offense
- Prison Time Days: 120+
- Home Detention Days: Not Available
- Supervised Probation: 5+ Years
- License Revocation: 3 Years
- Penalties and Fines: $5,000+
- Ignition Interlock Device: 2 Years
- Points on License: 8
- Alcohol Screening and Counseling
- Traffic Survival School
- SR22 Insurance
Aggravated DUI Felony
(Class 4 & Class 6 Felony)
Penalties
- Prison Time Days: 120+
- Supervised Probation: 5+ Years
- License Suspension/Revocation: 1-3 Years
- Penalties and Fines: $5,000+
- Ignition Interlock Device: 2 Years
- 8 Points on License
- Alcohol Screening and Counseling
- Traffic Survival School
- SR22 Insurance
Class 4 Felony
- Driving on a Invalid License (Suspended, Revoked, Cancelled)
- Driving Without Ignition Interlock When Required
- Two+ DUI Convictions Within the Past Seven Years
- Driving the Wrong Way
Class 6 Felony
- Driving with a Minor 15 Years Old or Younger in the Vehicle
For more comprehensive information, please visit the Arizona Governor’s Office of Highway Safety website, which provides detailed insights into Arizona DUI laws and regulations.
Top-Rated Lawyers in Phoenix Dedicated to DUI and Criminal Law
At Future First Criminal Law, we provide strong DUI and Criminal defense representation, distinguishing us as a top choice in the Phoenix area. Focusing on a limited number of clients allows us to offer personalized attention to each case, understanding its unique intricacies. Acknowledging the high stakes involved, our devoted team diligently develops strong defense strategies tailored to each client’s needs, ensuring effective representation in court. Our goal is to level the playing field in the criminal justice system and help individuals avoid incarceration by offering valuable legal insights and unwavering support throughout the legal process. Committed to empowering our clients, we help navigate the complexities of the legal system to achieve favorable outcomes.