Phoenix DUI Lawyers

Most of the evidence against a DUI defendant in Arizona is collected during the time of the arrest, which most frequently happens during a traffic stop. If someone is suspected of driving under the influence of alcohol or drugs, they will be subject to a blood alcohol concentration or drug content (BADC) test. As a driver in Arizona, you automatically give consent for the administration of this test simply by being behind the wheel of a vehicle. The BADC test will be administered using breath, blood, or urine samples, and the results will determine whether the party will be charged with a DUI and — if so — what type.

In Arizona, an alcohol concentration level above 0.08% will trigger a DUI charge. For those driving commercial vehicles requiring a commercial driving license, the threshold is even lower at 0.04%. In addition, Arizona has a zero-tolerance policy for those who are under the age of twenty-one. In this case, the presence of any alcohol at all is grounds for a DUI arrest.

The penalties for a DUI are steep in Arizona. First, a DUI conviction comes with an automatic suspension of the driver’s license. The first offense will receive a 3-month driver’s license suspension, and a second offense within 84 months (7 years) will result in license revocation.

Another feature making Arizona’s DUI penalties particularly steep is even first-time offenses involve jail time and hefty fines. A first offense comes with a minimum 10-day jail sentence, substance abuse counseling, and a $1,250 fine.

Second or subsequent offenses face even harsher penalties. These offenses are accompanied by a minimum 90-day jail sentence, substance abuse counseling, community service requirements, and a $3,000 fine.

For all offenders, reinstatement of the driver’s license will require alcohol education program enrollment and an ignition interlock device installed on the vehicle.

POSSIBLE ARIZONA DUI DEFENSE STRATEGIES

Most of the evidence for a DUI charge is collected at the scene of the traffic stop, but there are several ways an experienced lawyer can create an Arizona DUI defense.

A clear defense is to question the accuracy of the BADC test and the legitimacy of its administration. Successful defenses against DUI charges have included proving the BADC test has contamination; the officer administering the test waited too long to do so (which could have caused BAC to rise in the interim), or the test sample was inaccurately labeled or handled. There are also extenuating circumstances involving the person facing the DUI charge. Some medications impact BADC tests, and the conditions under which a person takes a field sobriety test might alter their performance.

Additional defenses against DUI include arguing the arresting officer did not have reasonable suspicion to make the traffic stop in the first place or demonstrating the arrested party did not have control of the vehicle at the time of the arrest. This latter argument most often occurs when the arrested party was physically in a vehicle, but not actively driving it at the time.

All these details are utilized to bring a defense against a DUI charge.

SHOULD I HIRE A PHOENIX DUI LAWYER?

If you are facing DUI charges in Phoenix, it is always in your best interest to speak with an experienced DUI lawyer regarding your options before speaking with prosecutors or making a plea deal. Contacting a Phoenix DUI lawyer right away will help give you the best possible chance of a favorable outcome.

If you think there was a possibility your rights have been violated in the process of your DUI arrest, or even if you need someone to give you an honest assessment of your case and what you can expect from your charges, give us a call — we’re here to help.

While it may seem like a straightforward charge, there are some complexities to the Arizona DUI law that makes having an Arizona DUI defense lawyer an advantage. In addition to the regular DUI charge (for those with a blood alcohol concentration (BAC) above 0.08%), there is also an “Extreme DUI” charge – This charge is for those who have a BAC above 0.15%. The penalties for these Extreme DUI charges are even stiffer, with first offenders facing a minimum of 90 days in jail and $2,500 in fines, while subsequent offenses result in 120-day jail sentences and $3,250 in fines.

Finally, Arizona has a third DUI category called “Aggravated DUI.” These charges apply to someone who receives a DUI while their license is suspended or revoked, received a third DUI within 84 months, received a DUI charge with a person under the age of fifteen in the vehicle, or refused a BADC test while driving with a required interlock ignition device. This penalty comes with two years of prison time in addition to the other penalties that would extend to the offense.

As you can see, the complexities of the Arizona DUI laws mean there are many layers to the charge and the subsequent penalties. Having an experienced lawyer can make navigating these layers more straightforward.

PHOENIX, ARIZONA CRIMINAL & DUI LAWYER NEAR YOU

Future First Criminal Law is a top-rated Phoenix, Arizona law firm with a practice dedicated to Criminal and DUI Defense – We represent clients throughout the Phoenix-Metro area.

If you need help with DUI defense or defending any other criminal charges, you need a Phoenix lawyer who will fight for your rights.

Understandably, you want to get this behind you, but do not make the mistake of defending yourself or even pleading guilty to the charges. A DUI conviction will have long-lasting consequences, and you need to be aware of what they will be before making any decisions. Contact us today to schedule a free consultation and to discuss your case.