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DUI Defense Strategies
How To Best Protect Your Future
If you’ve been charged with a DUI, it’s crucial to contact an experienced lawyer right away. Facing these charges alone can be a costly mistake. A skilled lawyer will outline your options, explore potential DUI defense strategies, and advise on whether a plea bargain or trial is the best course of action. Hiring a lawyer gives you the best chance of reducing the severity of the charges and penalties—or even having the DUI dismissed entirely.
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!
What is considered “Driving Under the Influence?”
Forty-nine states (including Arizona) define having a Blood Alcohol Concentration (BAC) of 0.08% while driving as a crime; this is the level at which a driver is considered too impaired to drive. Utah considers a BAC of .05% as the threshold.
Why is BAC Important?
Blood Alcohol Concentration, or BAC, is the percent of alcohol present in your bloodstream. It is measured by breathing into a breathalyzer, a blood draw, or a urine test. When an officer pulls you over for suspected DUI, they will most likely give you a breathalyzer test, as well as other field sobriety tests. The physical and mental effects of alcohol vary at different BAC levels, from a feeling of relaxation to gross impairment of motor control. There are many factors affecting a person’s BAC, such as gender, weight, amount of body fat, and how quickly the alcohol was consumed.
BAC levels are extremely important because prosecutors believe they accurately reflect how much an individual is impaired by alcohol. BACs are considered objective medical evidence and are often used to convict a driver of DUI.
DUI Defense Strategies
1. Refuting Test Results or Administration of the Tests
Since the results of a breathalyzer, blood, or urine tests are considered objective scientific evidence and can be used to convict an alleged offender, a DUI defense lawyer will investigate the accuracy of the results and whether the test was administered correctly. A lawyer will review the maintenance logs of the breathalyzer, the machine operator’s skills, the timeliness of the test after the stop; the chain of custody of blood sample; how field sobriety tests were administered. A defense lawyer will try to attack the admissibility of the test results, and the accuracy of the test result itself.
2. Conditions That May Affect Field Sobriety Test Results
There are only three field sobriety tests that are officially endorsed by the National Highway Traffic and Safety Administration (NHTSA): horizontal gaze nystagmus, walk-and-turn, and one-leg stands.
Some people have medical conditions that may mimic being impaired by alcohol. Severe allergies may cause red and watery eyes; being very tired, having a neurological condition, or a drop in blood sugar can cause slurred speech and delayed reaction times; certain medical conditions such as hypoglycemia in a diabetic, effects of a concussion, or balance issues related to an inner ear problem can cause dizziness, being unsteady, and confusion.
In addition, the field sobriety tests may be improperly administered, invalid field sobriety tests may be used, or the driver may be “tricked” into thinking that he is required to take them.
3. Refusing Field Sobriety Tests
There are a number of field sobriety tests an officer may ask you to perform to determine your level of impairment, such as touching your finger to your nose, reciting the alphabet backward, or walking a straight line. It should be noted, however, that there are only three Standardized Field Sobriety Tests (SFSTs) tests that are considered scientifically reliable, and have been officially endorsed by the National Highway Traffic and Safety Administration (NHTSA):
- Horizontal gaze nystagmus (HGN),
- Walk-and-turn (WAT), and
- One-leg stand (OLS)
You are not legally required to take these tests; however, you may still be arrested for DUI if an officer believes there is other evidence of impairment.
4. Improper Police Stop
Law enforcement must have a reasonable suspicion that you are driving while impaired in order to pull you over or detain you. They have to physically see the driver doing something wrong. If there was no reasonable suspicion for you to be pulled over, your lawyer can contest the stop and get the charges thrown out. If an officer has a hunch that someone is driving drunk, that is not considered a valid reason to pull you over. A lawyer will work to get the DUI dismissed since the officer did not have reasonable cause for the police stop.
If you are pulled over, it is important that you remain respectful to the officers and act responsibly. Being combative with officers will only work against you in the long run. You do not have to consent to a field sobriety test or a handheld portable breathalyzer test; however, if you refuse a blood draw, be aware that your license will be immediately revoked for 12 months.
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5. Miranda Rights Violations
If you are arrested, police are required to read you your Miranda rights. If they do not follow this established procedure, anything you said after your arrest – even if you admitted to driving drunk — can be thrown out in court.
6. Necessity Defense
There may be a situation where you’ve had a few drinks, and then a situation arose where you believe you are about to get seriously hurt if you remain on the scene. This is one of the less common DUI defense strategies, but a skilled lawyer can use a “necessity defense” to show that the only reason you drove while impaired is that you were in fear for your physical safety.
Contact a DUI Defense Lawyer Right Away
If you’ve been charged with a DUI, taking swift action is critical. Contacting an experienced lawyer as soon as possible can significantly impact the outcome of your case. Trying to navigate the legal system alone is a risky and often costly mistake—one that can lead to harsher penalties, greater stress, and long-term consequences. A skilled lawyer brings invaluable expertise, providing you with a clear understanding of your rights and outlining all possible options available to you.
A qualified lawyer will carefully review the circumstances of your DUI charge, identify potential weaknesses in the evidence, and build a strong defense tailored to your unique situation. They will explore a range of strategies to challenge the prosecution’s case, from questioning the legality of the traffic stop and the accuracy of breathalyzer tests to investigating procedural errors. This kind of legal scrutiny can lead to reduced charges, minimized penalties, or, in some cases, dismissal of the DUI altogether.
Beyond defense strategies, a dedicated lawyer can guide you on whether a plea bargain, alternative sentencing, or a trial is the best course of action, helping you make informed decisions every step of the way. By having skilled representation, you can face this challenging time with greater confidence, knowing you have a committed advocate fighting to protect your rights and your future.
Don’t gamble with your future. Call our experienced legal team today for a free phone consultation. We’ll discuss your options, build a tailored defense strategy, and stand by you every step of the way. Your best chance at reducing the severity of your charges—or potentially having them dismissed—starts with a single, decisive step: contacting us now.
Protect Your Rights | Secure Your Future
Should I Hire An Arizona DUI Defense Lawyer?
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.
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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.
Experienced Top-Rated Arizona Lawyers Positively Impacting Lives Through Effective Legal Advocacy - Protecting Your Rights and Your Future
Future First Criminal Law is your top choice for strong DUI and Criminal defense representation. With a focus on a limited number of clients, we dedicate our full attention to each case, ensuring personalized and effective legal solutions.
Why Choose Us?
- Client-Centric Approach: We understand your future is at risk and your well-being is our priority. We tailor our defense strategies to your unique circumstances, devoting time and attention to each client. We work diligently to develop a personalized, thorough defense giving you the best possible outcome.
- Reasonable Flat-Fee Pricing: No hourly rates. Our flat fee is determined by the charge and the complexity of your case.
- Flexible Payment Plans and Loans: We offer payment plans to accommodate your financial situation, ensuring access to quality legal representation.
- Free Phone Consultations: Schedule a free consultation to discuss your case and explore your legal options. We’re here to help. Your future matters and it is worth fighting for.
- Local Experience: We provide our clients with extensive local experience, serving exclusively in the Phoenix area and Maricopa County. Our in-depth knowledge of local laws and procedures ensures we bring a strategic advantage to your case. Ranked as the 112th fastest-growing law firm in the U.S. in 2023, we have consistently achieved successful outcomes for our clients. For 5-Star testimonials from our satisfied clients, please visit Future First's Google Reviews.
- Dedication to Defense: Our commitment to DUI & Criminal defense ensures we provide you with informed advocacy and steadfast representation.
- Video Updates from Your Lawyer: Detailed, personalized video updates from your lawyer will address your concerns/questions.
- 24/7 Case Support: Straightforward support from our legal team throughout your case. We are available via text, email or phone.
- Educate and Advocate: We believe in empowering our clients by providing comprehensive legal guidance and unwavering support throughout the legal process.
Protect Your Rights, Schedule a Complimentary Phone Consultation
If you're facing DUI or other Criminal charges in Arizona, it's crucial to enlist the help of an experienced criminal lawyer. At Future First Criminal Law, we're dedicated to safeguarding your rights and freedoms. Contact our legal team today to schedule your free phone consultation and take the first step towards a successful defense.
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.”
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 legal team 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.