What Is a DUI? Answers From a Phoenix DUI Attorney
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54+ Five-Star Google Reviews
“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.”
J.S. 54+ Five-Star Google Reviews
“I hired Zachary after I found myself charged with a felony. He put me at ease right away and during the whole process he explained each step to where I understood everything and was always available for any questions I had. ”
S.N. 54+ Five-Star Google Reviews
“Attorney Zachary is a brilliant attorney, I highly recommend his company to resolve any legal/criminal matter satisfactorily. He still continue to work on my case to tie some loose ends. He is intelligent , prompt and a problem solver. I thank him a million times to protect my dignity and reputation.”
D.G. 54+ Five-Star Google Reviews
“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!”
Joshua Black, Attorney 54+ Five-Star Google Reviews
“Attorney Divelbiss is a hard worker and will advocate for his clients with an attention to detail that you don’t see very often these days.”
Brandon White, Attorney 54+ Five-Star Google Reviews
“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.”
Josephine Hallam, Attorney 54+ Five-Star Google Reviews
“Mr. Divelbiss and I worked in the same office, although we were at different law firms. He was eager to learn and developed a reputation for honesty and zealous advocacy.”
Kristopher Califano, Attorney 54+ Five-Star Google Reviews
“Mr. Divelbiss is a GREAT attorney, very honest and reliable. He takes his times with every client and answers all questions and concerns. Is been a pleasure working with Mr. Divelbiss and he serves his clients very well!”
Allen Hsu, AttorneyResources
Impaired Driving Laws in Phoenix
DUI is the acronym that most states use for “Driving Under the Influence.” But what is a DUI offense? If someone is found operating a motor vehicle with a blood alcohol concentration (BAC) over .08% — which is the federal legal limit in Arizona.
Suppose you have been arrested or charged with a DUI offense in Phoenix. In that case, it is essential not to talk to a law enforcement officer or investigators before talking to a lawyer.
No matter what situation you may find yourself in, we can help. Whether you are facing DUI charges or any other criminal charges, Future First Criminal Law has the experience necessary to help you fight for your rights.
54+ Five-Star Google Reviews
“Attorney Divelbiss is a hard worker and will advocate for his clients with an attention to detail that you don’t see very often these days.”
Brandon White, AttorneyExperienced DUI/DWI Lawyer
Our mission is to help keep good people out of jail by balancing the criminal justice playing field so that each of our clients has a fighting chance to achieve realistic outcomes for their individual legal situations.
What Is a DUI? A Phoenix DUI Attorney Has the Answers
DUI refers to driving under the influence of drugs or alcohol. DUI is illegal in every state, and each state has enacted its own DUI laws.
In Arizona, the legal limit for blood alcohol content (BAC) is .08%. If a person’s BAC is over .08%, they can be arrested for DUI. However, a person does not have to be over .08% to be arrested for DUI. If an officer believes that a person is impaired, they can be arrested for DUI.
DUI charges are serious. If you are convicted of DUI, you could face jail time, fines, and the loss of your driver’s license.
If you have been charged with DUI, you need an attorney on your side. An experienced Phoenix, Arizona DUI lawyer will be able to look at the charges against you and explain them in a way that makes sense. They will explain what a DUI is and what your charges could mean if you are convicted.
A DUI or DWI offense can stay on your criminal record for years to come, negatively impacting your car insurance rates, employment prospects, and your ability to get a loan. Talk to a Phoenix DUI attorney today to understand your options and get started on your defense.
What Is a DWI?
DWI stands for “Driving While Impaired.” DWI is a similar offense to DUI, but the two are not the same. In some states, DWI is used interchangeably with DUI. In other states, DWI is used to refer to driving while impaired by drugs.
In Arizona, both a DWI and DUI are serious offenses that can result in jail time, fines, and the loss of your driver’s license. If you fail a field sobriety test or a breathalyzer test, you can be arrested and charged with either offense.
Here Are the Potential Penalties for Drunk Driving in Phoenix
Standard DUI
(Blood Alcohol Content Higher Than .08%)
1st Offense
Jail Time: 24 hours to 10 days
Driver’s license Suspension: 90 days to 1 year
Penalties and Fines: At least $250
Ignition interlock device installed (mandatory)
2nd Offense
Jail Time: 30 to 90 days
License Revocation: 90 days to 1 year
Penalties and Fines: At least $500
Interlock ignition device mandatory
3rd Offense
Jail Time: At least four months
License Suspension: 1 year
Penalties and Fines: At least $750
Ignition interlock device mandatory
Extreme DUI
(BAC higher than .15%)
1st Offense
Jail Time: 30 days
License Suspension: 90 days
Penalties and Fines: Upwards of $2,780
Interlock ignition device mandatory
2nd Offense
Jail Time: 30 days
License Suspension: 90 days
Penalties and Fines: Upwards of $2,780
Interlock ignition device mandatory
Super Extreme DUI
(BAC higher than .20%)
1st Offense
Jail Time: 45 days
License Suspension: 90 days
Penalties and Fines: Upwards of $3,240
Interlock ignition device mandatory
2nd Offense
Jail Time: 45 days
License Suspension: 90 days
Penalties and Fines: Upwards of $3,240
Interlock ignition device mandatory
Should I Hire a Phoenix DUI Attorney?
If you are facing DUI charges in Phoenix, it is always in your best interest to at least speak with an experienced DUI lawyer in regards to your options before speaking with prosecutors or making a plea deal. Contacting a Phoenix DUI Attorney right away will help give you the best possible chance of a favorable outcome.
If you think there was a possibility that your rights were violated during 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.
Phoenix Criminal & Impaired Driving Attorney Near You
Future First Criminal Law is a top-rated Phoenix law firm with a practice dedicated to DUI and Criminal Defense. We represent clients throughout the Phoenix area.
If you have been charged with DUI or any other criminal charges, you need an attorney who will fight for your rights.
Understandably, you want to get this behind you, but don’t 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 know what they will be before making any decisions. Contact us today to schedule a free consultation and to discuss your case.
 | 54+ Five-Star Google Reviews |
Allen Hsu, Attorney
“Mr. Divelbiss is a GREAT attorney, very honest and reliable. He takes his times with every client and answers all questions and concerns. It has been a pleasure working with Mr. Divelbiss and he serves his clients very well!”
Areas Served
 | 2999 N. 44th St. Suite 307, Phoenix, AZ 85018 |
| 8650 N. 35th Ave. Suite 110, Phoenix, AZ 85018 |
Areas Served
| 2999 N. 44th St. Suite 307, Phoenix, AZ 85018 |
| 8650 N. 35th Ave. Suite 110, Phoenix, AZ 85018 |
We do not handle cases outside of our listed service areas but we can refer them to our trusted colleagues who do handle those out of Maricopa County areas.
Frequently Asked Questions
I’M INNOCENT! CAN YOU GET MY CASE DISMISSED?
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IF THE ALLEGED VICTIM DOES NOT WANT TO PRESS CHARGES, WILL THE CHARGES BE DROPPED?
Depending on the nature of the crime, even though a victim may withdraw from pressing charges, law enforcement (police and prosecutors) can still proceed with the charges if they choose to do so. This is very common in DUI situations and shoplifting but can happen with any crime.
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.
54+ Five-Star Google Reviews
“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.”
J.S. 54+ Five-Star Google Reviews
“I hired Zachary after I found myself charged with a felony. He put me at ease right away and during the whole process he explained each step to where I understood everything and was always available for any questions I had. ”
S.N. 54+ Five-Star Google Reviews
“Attorney Zachary is a brilliant attorney, I highly recommend his company to resolve any legal/criminal matter satisfactorily. He still continue to work on my case to tie some loose ends. He is intelligent , prompt and a problem solver. I thank him a million times to protect my dignity and reputation.”
D.G. 54+ Five-Star Google Reviews
“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!”
Joshua Black, Attorney 54+ Five-Star Google Reviews
“Attorney Divelbiss is a hard worker and will advocate for his clients with an attention to detail that you don’t see very often these days.”
Brandon White, Attorney 54+ Five-Star Google Reviews
“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.”
Josephine Hallam, Attorney 54+ Five-Star Google Reviews
“Mr. Divelbiss and I worked in the same office, although we were at different law firms. He was eager to learn and developed a reputation for honesty and zealous advocacy.”
Kristopher Califano, Attorney 54+ Five-Star Google Reviews
“Mr. Divelbiss is a GREAT attorney, very honest and reliable. He takes his times with every client and answers all questions and concerns. Is been a pleasure working with Mr. Divelbiss and he serves his clients very well!”
Allen Hsu, Attorney