Impaired Driving Laws in Phoenix
DUI, an abbreviation for “Driving Under the Influence,” is a recognized offense in most states. It occurs when an individual operates a motor vehicle with a blood alcohol concentration (BAC) exceeding .08%, the federal legal limit in Arizona. Arizona, as a no-tolerance state, reflects this in its impaired driving laws, where individuals may face conviction if they surpass the legal limit.
Driving under the influence, or impaired driving, is dangerous and results in the death of thousands of people every year. Due to Arizona’s hard stance against drunk driving, DUI offenders who cause accidents involving alcohol are penalized more severely.
If you find yourself arrested or charged with a DUI offense in Phoenix, it is crucial to consult with a lawyer before speaking to law enforcement officers or investigators. At Future First Criminal Law, we are here to offer our assistance, regardless of the situation you may be facing. Whether it is DUI charges or any other criminal charges, we possess the necessary experience to help you fight for your rights.
Phoenix Office Locations
2999 N. 44th St. Suite 307 Phoenix, AZ 85018
8650 N. 35th Ave. Suite 110 Phoenix, AZ 85051
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DUI penalties can vary depending on your prior DUI history and the lookback period defined by the State law. In Arizona, the lookback period is seven years. If your first DUI occurred within seven years before the second DUI, it will be considered a second offense with more severe consequences. However, if your first DUI was outside of the seven-year period, it will be treated as your first offense, resulting in a potentially lighter sentence. It’s important to understand the implications of your prior DUIs and seek the help of experienced DUI lawyers who can navigate your legal situation with professionalism and dedication. At Future First Criminal Law, we are dedicated to DUI and Criminal Defense. Contact us today for a free case assessment and let us protect your rights, reputation, and 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 make hiring an Arizona DUI defense lawyer highly beneficial.
As you can see below in our penalties chart, the complexities of the Arizona DUI law mean there are many layers to the charge and the subsequent penalties. Having an experienced lawyer can make navigating these layers much easier. The bottom line is – if you are facing a DUI charge in Arizona, you need an experienced Phoenix DUI defense lawyer. The DUI lawyers at Future First Criminal Law will work tirelessly to get you 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
Ready to Hire An Arizona DUI Defense Lawyer? We’re Here For You!
The complexity of the Arizona DUI law make 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. Call us today for a free phone consultation.
What Is a DUI?
DUI, or driving under the influence of drugs or alcohol, is illegal in every state. Each state has its own DUI laws, including Arizona where the legal limit for blood alcohol content (BAC) is .08%. If your BAC is over .08%, you can be arrested for DUI, but being over the limit isn’t the only factor. If an officer believes you are impaired, you can still be arrested. DUI charges are a serious matter and can lead to jail time, fines, and the loss of your driver’s license.
If you have been charged with DUI, it’s crucial to have a knowledgeable lawyer by your side. An experienced DUI lawyer in Phoenix, Arizona will carefully review your charges and explain them in a way that you can understand. They will clarify what a DUI is and the potential consequences if you are convicted. It’s important to note that a DUI offense can have long-lasting effects on your criminal record, impacting your car insurance rates, job prospects, and ability to secure a loan. Contact a Phoenix DUI lawyer today to explore your options and begin building a strong defense.
Physical Control and Its Meaning
According to Arizona law, DUI charges can be filed when you are under the influence and driving and when you are in “actual physical control” of the motor vehicle. This means you must be driving the vehicle under the influence of alcohol or drugs.
People have been charged with DUI when sitting in a parked car, even when the ignition is not on. The real question is whether, when the person was charged with DUI, they were taking control or was about to take control of the vehicle in a dangerous manner.
An unlimited number of factors will be taken into account by a jury in deciding this, including:
- Whether the ignition was on or the vehicle was running
- The person was awake or asleep
- The vehicle’s headlights were on
- The driver voluntarily pulled off the road
- Where the vehicle was stopped
- The position the law enforcement officer found the driver in
- The weather conditions
Getting dropped from DUI charges could be possible with the assistance of an experienced DUI lawyer.
Frequently Asked Questions
WILL I HAVE TO GO TO TRIAL?
Ideally no, but it’s not always avoidable. Once your case goes to trial, your verdict will be determined; by the jury. A criminal defense attorney’s #1 goal is to resolve your case before it ever goes to trial to have the best chances of a favorable outcome. If your case does go to trial, we’ll be there to defend you.
IF I AM OFFERED A PLEA DEAL, SHOULD I TAKE IT?
Accepting a plea deal can help get a reduced charge, like having a felony reduced to a misdemeanor. That can have a massive impact on an individual trying to retain their professional license or protect their career prospects. But taking the plea deal isn’t always in your best interests — It’s the same as admitting guilt to a crime. This limits your lawyers’ ability to enforce your civil rights and get you the MOST favorable outcome possible (which could be getting your charges dropped).
DO I REALLY NEED A LAWYER IF I INTEND TO PLEAD GUILTY?
Although a lawyer can’t control whether you plead guilty or not guilty, they can provide you with the legal knowledge you need to make an informed decision. A lawyer will ensure your rights are protected, work with the courts to get you a reduced charge, a make sure you understand the process and the future implications of a guilty plea.
WHAT DOES GUILTY “BEYOND A REASONABLE DOUBT” MEAN?
During a trial, the prosecutor will present evidence to the court aimed to prove the defendants’ guilt. Upon assessing the evidence, if the jurors and judge are only able to draw one reasonable conclusion –that you were guilty– It is referred to as guilty beyond a reasonable doubt. There is simply no doubt of the defendants’ guilt and no other reasonable explanations based on the evidence shown.
WHAT IS THE JURY’S ROLE IN A CRIMINAL TRIAL?
The primary role of a jury is to determine innocence or guilt. They assess all evidence presented in a case, review facts, ask questions, and discuss amongst themselves until they conclude. The jurors must all come to the same conclusion; otherwise, it results in a “hung jury” and can lead to a mistrial.