GILBERT DUI LAWYER FAQs

FAQs About DUIs in Arizona

Our Arizona Zero Down DUI Attorneys discuss frequently asked questions regarding DUI in Arizona. Our DUI defense attorneys have years of experience that will be beneficial to protect your freedom. Don’t take the plea, find out what options may be available. Allow our experienced DUI law firm to assist you in your specific legal situation. Schedule a free consultation to discuss you potential case.

A DUI is the charge you will receive if you are arrested for driving under the influence of intoxicating drugs or liquor. In most cases, a DUI occurs after the driver fails a breathalyzer test, showing a BAC (blood alcohol content) over the legal limit. You can be charged with different levels of DUI based on your BAC at the time of arrest. Most DUI charges are misdemeanor charges, but you will be charged with a felony if aggravating factors are present.

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BAC, or blood alcohol content, is the measure used in Arizona to calculate your level of intoxication. BAC can be measured through breath testing, urine testing, or blood testing. Your BAC will also affect the level of DUI charge you receive.

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Arizona’s DUI laws are strict in many ways, including how BAC legal limits are interpreted. You are presumed intoxicated with a BAC of .08 or higher. However, the officer can still arrest you for DUI – impaired to the slightest degree if you appear, in their opinion, to be intoxicated for a BAC of .04-.079. If your BAC is between .15 and .19, you will receive an Extreme DUI. If your BAC is .20 or higher, you will receive a Super Extreme DUI. You can also receive a “baby DUI” for any amount of alcohol in your system if you are younger than 21 years old.

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Breath testing is fairly accurate in determining your intoxication level. In rare circumstances, the reading could be distorted by user error or by medical conditions. A breathalyzer is generally more accurate than PBT, or preliminary breath testing.

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There are three main types of field sobriety tests. These are walking in a straight line, standing on one foot, and the horizontal gaze nystagmus. In the horizontal gaze nystagmus test, the police officer will have you follow a light with your eyes and watch your gaze for signs of intoxication. But these are different than BAC tests. By virtue of having a driver’s license in Arizona, you give implied consent to show your BAC to prove sobriety. If you refuse to do so, you will lose your driver’s license for one year, unless you can prove why that shouldn’t occur at an administrative DMV hearing. This happens whether or not you are arrested and convicted of DUI. 

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The standard used for a DUI arrest in Arizona is if you were in “actual physical control” of the vehicle. This means that in some circumstances, you could still be charged with DUI even if you were simply sleeping it off in your car. The police may look at your position in the vehicle, as well as your keys’ position in the vehicle. For example, you are less likely to be found in actual physical control of the vehicle if you sleep in your passenger seat with the keys in the backseat than if you are asleep in the driver’s seat with the keys in the ignition.

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Just like every other facet of Arizona’s DUI laws, driver’s license penalties are also strict. At a minimum, you will be facing a license suspension of 45 days. However, the suspension period can be far longer, or your license may be revoked. You will need to complete alcohol screening and treatment as well as defensive driving school in order to have your driving privileges reinstated. Even then, you could have restricted driving privileges, e.g., only being able to drive to school and work. You will also need to install an ignition interlock device for a certain amount of time and maintain high risk auto insurance. Keep in mind that all of these steps are considerably expensive.

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There are several benefits to hiring an attorney to represent you for your DUI. After a DUI arrest, you should be taking every possible step to reduce the amount of penalties you will face. A strongly crafted defense will give you a better chance of negotiating a plea agreement. This can either guarantee you penalties on the low end of the potential ranges, or even reduce your charges to a crime that doesn’t require jail time, like reckless driving. But creating such a defense takes a lot of work and research- your attorney will handle steps like assembling evidence, interviewing witnesses, re-testing chemical samples, and more. Your attorney can also represent you at hearings, and assist you through police interviews. The sooner you retain a DUI defense attorney, the sooner they can work to strengthen your defense.

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For each DUI you receive in Arizona, the penalties will increase dramatically. You may be looking at just a few days in jail for a first time arrest, but this can increase to weeks or even months for a second, third, etc., arrest. Your fines for a first arrest could be several hundred dollars, but will increase into the thousands for multiple arrests. Other penalties, like license suspensions and revocations, community service, and ignition interlock device usage, will also be increased. The increases will also depend on your BAC level at the time of arrest.

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Rather than representing yourself, you have the option to use a court-appointed attorney in your DUI case. However, many DUI defendants feel like their case isn’t getting the attention it deserves when proceeding with a public defender. A private defender typically has more time to dedicate to your case, as well as as support staff to assist with questions and concerns throughout the process. This also gives your attorney more time to find and review evidence for your case, consult with experts, prepare your case for trial, and more.

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Clearly, Arizona has harsh penalties for any type of DUI conviction. That doesn’t mean there are defenses available after being arrested for DUI in Gilbert. Procedural errors, evidence issues, and violations of your constitutional rights may give you the leverage you need to have your charges reduced or dropped. Your Gilbert DUI Lawyer will craft a defense based on the specific facts of your case.

If cost is a concern in hiring a defense attorney for a DUI arrest, you are far from alone. But a high quality defense team can reduce your overall costs stemming from DUI penalties. Our Gilbert DUI lawyers offer discount rates with flexible payment options. For more information, call to schedule your FREE consultation with one of our experienced Gilbert DUI lawyers today.