Dui Lawyer In Phoenix
When you have been arrested for Driving Under the Influence, it means that a police officer has reason to believe that you’ve violated Arizona state code A.R.S. §28-1381, which focuses on both driving while under the influence (DUI) and driving while intoxicated (DWI). If this is your first time being arrested for DUI, then you probably are filled with questions about how the process will play out, what is required of you and when, and what consequences you will face. If this is not your first DUI, however, you may have questions about the additional penalties that accompany DUI charges.
DUI Penalties in Arizona
Driving under the influence with a blood alcohol content (BAC) of 0.08% or more will be charged as a Class 1 misdemeanor. But you can also be charged with a DUI if you are showing any signs of intoxication, even if caused by prescription drugs ordered by your doctor. But your DUI can also lead to harsher consequences if you receive an Extreme DUI (a BAC of 15 to .199%) or a Super Extreme DUI (BAC of at least .20%).
With each subsequent arrest for DUI, the consequences become increasingly harsher. Listed below are the minimum penalties. They go according to the following scale:
- 1st Offense: A minimum of 24 hours in jail, and a maximum of 10 days; a minimum fine of up to $1,500; a license suspension of up to 90 days; and the mandatory installation of an ignition interlock device for up to 1 year, though it’s possible to have that penalty reduced to 6 months.
- 2nd Offense: A minimum of 90 days in jail; a minimum fine of up to $3,000; a license suspension of up to 1 year; and the mandatory installation of an ignition interlock device. Community service hours are also required, as well as attendance in an approved drug and alcohol education program.
- 3rd Offense: A minimum of 4 months in jail, and a maximum of 2 years; a minimum fine of up to $4,000; a license suspension of up to 3 years; the mandatory installation of an ignition interlock device. Community service hours are also required, set at a minimum of 30 days, as well as attendance in an approved drug and alcohol education program.
Again, these are the minimum penalties. If you have been arrested for Extreme DUI or Super Extreme DUI then the consequences are increased. For your first Extreme DUI offense, the penalties include a minimum of 30 days in jail with no eligibility for probation; a minimum fine of $2,500; license suspension; and mandatory participation in an alcohol education program. A second Extreme DUI requires you to be in jail for a minimum of 120 days. When the arrests become a pattern, the judge will order you to complete an approved alcohol education program.
In certain cases you can be charged with an aggravated DUI. The criteria for meeting aggravated DUI are the following:
- You are caught driving under the influence with a suspended, revoked, or canceled license
- There is a minor under the age of 15 in the vehicle when you commit another DUI
- You refuse to submit to roadside blood alcohol content testing any time you have an ignition interlock device installed in your car
- This is your third DUI in 84 months or less
If found guilty of any of these, you will be sent to prison for a maximum of two years and will be required to attend alcohol education and treatment to help you become a safer driver.
How To Avoid a DUI
With Uber and other rideshare services, it’s easier than ever to get home safely. If you feel like you’ve had too much to drink, call a rideshare. You can also speak to your physician about any medications that make you drowsy or impair your concentration in any way, especially if they are required to be taken daily. Multiple DUI convictions, regardless of which state you receive them in, will result in harsher consequences.
How An Arizona DUI Attorney Can Help You
There are two proceedings after you have been arrested for a DUI: the criminal hearing and the (administrative) DMV hearing. You will want to hire an attorney who can take care of both. The criminal hearing is where an attorney goes over the facts of your DUI and argues for a reduction in your sentence. There are a few defenses your attorney can argue. Did the Arizona police follow proper protocols and procedures when they pulled you over? Was there any mistreatment or mishandling on their part? Did they get an accurate result when they tested your blood alcohol content (BAC) percentage?
An attorney’s value is in how strong of a network they’ve built over the years with experts who can come in and testify on your behalf. These experts come from a variety of fields, such as pharmacy/biochemistry, physics, medicine, and tactical police force training. They know how to identify questionable or suspicious pieces in the evidence, and argue for justice on behalf of the defendant. They can answer the questions posed above in front of a judge and jury, and answer with how the roadside stop should have been handled. Or they can argue for any number of facts that are disputed in your case.
The second hearing that you can hire an attorney to represent you at is the DMV hearing. If you want your suspended or revoked license to be reinstated, then hiring a DUI attorney is the best way to ensure the DMV will approve your application.