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Everybody makes mistakes, but a DUI is serious one. If you are facing a DUI charge, we can help you. You may be unaware that there are defenses that may be available to fight and beat a DUI charge. Contact our Phoenix DUI lawyers for a free case evaluation.
By carefully examining the details of your particular case, our Arizona Criminal Defense Law Firm will provide you with options and a defense that will work toward your advantage. Our team of experienced DUI attorneys in Phoenix specialize in Drunk Driving arrests in Phoenix, Arizona.
Our Phoenix DUI law firm is experienced in dealing with the court in Phoenix. Having an attorney who is an experienced professional who knows methods and ways to beat a DUI charge can truly be the difference that determines the outcome of your case.
PHOENIX DUI FAQs
Experienced DUI Attorneys in Phoenix Discuss some of the most common questions asked when facing DUI charges in Phoenix, Arizona
A DUI is the criminal charge for driving under the influence of drugs or alcohol. A DUI is a very serious charge in Arizona, and is usually a misdemeanor unless there are aggravating factors present to increase the charge to a felony. Even a misdemeanor first time DUI conviction comes with mandatory jail time, and will have lasting negative impact in every area of your life.
In Arizona, a BAC of .08 or higher creates a presumption that you are under the influence. However, if a driver has a BAC of .04-.079, the police officer will use their own judgment to determine if the driver is too intoxicated to be on the road.
You can refer to your state bar website for referrals, and search online engines like Google, Yelp and Avvo which provide attorney reviews. If any of your friends or family members have been arrested for a DUI in Arizona, they may recommend their attorney to you. You should also consider consulting with attorneys who offer free consultations- that way, you can decide if the attorney is trustworthy for yourself, risk-free.
You will be assigned a public defender if you can’t afford a private Arizona criminal defense lawyer. However, these attorneys are often inexperienced and overworked. A private attorney has the experience and support staff to adequately defend your case, meaning a better outcome for you. Some attorneys offer affordable rates and free consultations, so that quality legal counsel if available to more than just the wealthy and privileged.
A police officer needs reasonable suspicion when pulling you over for a DUI. Things that could cause reasonable suspicion while driving include failure to use headlights, making a wide turn, speeding or driving far below the speed limit, drifting between lanes, failing to use turn signals or using them incorrectly, abrupt stopping without cause, tailgating, and near accidents. Many other poor driving behaviors can also create reasonable suspicion.
You can refuse field sobriety tests without risking your driver’s license, and there may be many reasons that you should refuse these tests. You may have a disability or injury that could make you appear intoxicated in a field sobriety test, as common tests include walking in a straight line and standing on one foot. Weather or road conditions may also make you appear more intoxicated than you really are. You can refuse field sobriety testing and a preliminary breath test without consequences, but refusing a breathalyzer will result in an automatic one year driver’s license suspension.
You may have a constitutional defense in your case if the officer lacked reasonable suspicion to pull you over, or probable cause to place you under arrest. There may have been mistakes in how the officer conducted field sobriety or breathalyzer testing. You may have not been in actual physical control of a motor vehicle. Your attorney may contest the laboratory testing of your chemical sample or the chain of evidence custody.
Your insurance rates will likely go up after a DUI conviction in Arizona. You may even need to obtain SR-22, or high risk, auto insurance if you already have enough points on your driving record. In Arizona, SR-22 insurance will typically at least double your current insurance rates.
BAC is blood alcohol content. This is the measure that the police and court will use to determine your level of intoxication. It is one way an officer can determine if you need to be placed under arrest for a DUI, and will also affect the charge you receive. For a BAC of .08-.149, you will be charged with a standard or per se DUI. For a BAC of .15-.199, the charge is increased to Extreme DUI. For a BAC of .020 and higher, the charge is increased to Super Extreme DUI. The penalties are more severe in high BAC convictions.
Crimes (at least most of them) don’t become legal just because you’re on private property. A police officer can arrest you for driving drunk whether you are on public or private property. You can be arrested in your own driveway if the police follow you home from another location.
In Arizona, you can be charged with a DUI when you are in “actual physical control” of a motor vehicle. Some people are even charged with DUI in Arizona when they are “sleeping it off” in their cars. The police officer will look at things like where you were sitting in the vehicle, if the vehicle was running, and where the keys were being stored. It will be up to you and your attorney to prove that you had no intention of driving the vehicle.
The fact that the police officer failed to read you your Miranda rights can help you in your case, but it likely won’t get your case dismissed altogether. Instead of your case being dismissed entirely, statements you made to the police after the failure to read your Miranda rights will be dismissed. Having an admission of guilt thrown out could help your defense, but many DUI convictions can be obtained despite a failure to read Miranda rights because of a clear-cut BAC reading.
There are many ways a Phoenix DUI Lawyer can help you with the charges against you. An experienced criminal attorney may be able to have your charges dismissed or reduced. Reckless driving doesn’t carry a mandatory jail sentence like a DUI conviction does. Judges use sentencing guidelines when deciding which penalties to give you after a DUI conviction, and an attorney can help advocate for why you should receive the lower end of these guidelines. If your case goes to trial, an attorney will use evidence, interview witnesses, and take whatever steps necessary to achieve a not guilty verdict.
Yes. Even if you have no prior offenses, every DUI conviction in Arizona carries a mandatory jail sentence. For a first time standard arrest, you will spend at least one day in jail, and at least 30 days for a second standard DUI. For an Extreme DUI, the minimum jail time is 9 days for a first arrest, and 60 days for a subsequent conviction. For a Super Extreme DUI, you will serve at least 14 days in jail for a first conviction and at least 90 for subsequent charges.
Just because you intend to plead guilty doesn’t mean that having a Phoenix DUI lawyer won’t help the outcome of your case. The judge will have sentencing guidelines when choosing your punishment, so you could be ordered to one day in jail and the minimum base fine for a first conviction, or the judge could order you extra days in jail and thousands in fines. A Phoenix DUI Lawyer can help negotiate a plea deal so that you receive penalties on the lower end of the sentencing guidelines.
Our Phoenix DUI lawyers can analyze your case, examine the details of your arrest, and give you the information you need to proceed. Therefore, our Phoenix DUI lawyers can answer questions you may have regarding your DUI charges.
Our firm provides a free initial consultation to evaluate your defense case. There is no obligations to retain our services. Take advantage of our FREE CONSULTATION and find out how we can help you beat your DUI case.
REPRESENTING CLIENTS FIGHTING ANY AZ DUI CHARGE:
Standard DUI | Extreme DUI | Super Extreme DUI | First Offense Impaired Driver | Second Offense Drunk Driving | Third Offense Driving Under The Influence | Drug Related DUIs | Criminal DUI | Aggravated DWI | Impaired To The Slightest Degree
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