PHOENIX DUI DEFENSE
Our Phoenix DUI Attorneys is comprised of a team of professionals dedicated to assisting you with criminal and DUI charges in Phoenix, Arizona. We understand that criminal charges against you are both serious and impactful. We will first take the time to get to know you and your legal situation so that we can best represent your interest. After your initial consultation with our lawyers, you will know what to expect and what may happen with you case.
EVERY CONSULTATION IS COMPLETELY CONFIDENTIAL AND FREE OF CHARGE.
Phoenix DUI, driving under the influence in Arizona
In most cases, Driving Under the Influence (DUI) is a misdemeanor charge, upgraded to a felony under certain circumstances. Even misdemeanor DUI charges carry mandatory jail sentences in Arizona. You can receive a DUI for driving with less than .08% blood alcohol content in Arizona, as well as for non-alcoholic drugs such as prescription medication and marijuana.
Why Hire an Arizona DUI Attorney if arrested for driving under the influence in Phoenix, Arizona?
An experienced Arizona DUI attorney will know how to negotiate a plea deal with prosecution, and vehemently defend your case when necessary. A plea deal involves you pleading guilty, possibly to a lesser charge, so that your penalties will be reduced. If your charges are reduced to reckless driving, you won’t have to deal with the mandatory jail time and license suspension associated with a DUI. You may also have more of your jail sentence commuted to home arrest in a good plea deal.
For many of our clients, we are able to negotiate a favorable plea deal. This isn’t an option or the best outcome in every situation. If your case is headed for trial, our experienced criminal defense attorneys can guide you through preparation and the trial itself. Our attorneys can arrange for independent blood testing, analyze breathalyzer results, and review your case for probable cause and other procedural errors.
Our attorneys can assist in the gathering and preservation of evidence and witness testimony that will damage the prosecution’s case against you. If you are arrested for DUI, you have the right to a court-appointed attorney if you can’t afford your own. However, you may later be required to repay the county for part of your legal fees depending on your income. Public defenders often start out in the DUI division and have an overwhelming caseload. Hiring a private attorney assures that you will have an advocate with experience and adequate time to communicate with you and reduce your stress throughout the process.
DUI Penalties in Phoenix
Arizona’s DUI penalties are strict and will affect every facet of your life. For a first DUI with a BAC of up to .149%, the defendant will face a minimum of 1-10 days in jail and at least $1,480 in fines. For a second and subsequent base DUI, the minimums increase to 30 days jail time and $3,000 in fines.
If your BAC is between .15-.199% for a first DUI arrest, you will be charged with Extreme DUI. The minimum jail time for a first extreme DUI is 9 days, and the base fine is $3,000. For a second and subsequent Extreme DUI, the minimum jail time increases to 120 days and the base fine to $3,250.
You will be charged with a Super Extreme DUI if your BAC is .20% or higher. The minimum jail time for a first Super Extreme DUI is 45 days, and the base fine is $3,250. For a second and subsequent Super Extreme DUI, the minimum jail time increases to 180 days and the base fine to $4,250.
Driver’s License Suspension & Revocation
Along with mandatory jail time and fines, those convicted of DUI in Arizona will also have to deal with driver’s license suspension, and possibly revocation. For a first base DUI, your license will be suspended for at least 90 days, and you will need to use an interlock device for at least 6 months. For first high BAC DUI convictions, the minimum 90 day suspension will remain the same, but the interlock device minimum increases to one year. Second and subsequent DUI convictions will carry a minimum one year license revocation and at least one year of interlock device use. After the period of license suspension or revocation, you may be issued a restricted driver’s license. This only allows you to drive at specific times or for specific purposes, such as getting to and from work or dropping your child off at school.
Other DUI Penalties in Arizona
You will be facing a myriad of other consequences besides jail time, fines, and license suspension or revocation after a DUI conviction, including:
- SR-22 Insurance: This is high risk insurance you will have to obtain that can cost twice your normal rates or more. The increase is usually about $1,500 per year for Arizona drivers, and you can be ordered to maintain this insurance coverage for up to 3 years.
- Defensive Driving Classes: You will get points on your driving record and need to take driving classes to get your license back. The minimum amount is 8 hours but you could be ordered to take far more. You can expect to spend at least a few hundred dollars on these courses.
- Community Service: You could be ordered to complete 30 hours of community service or more.
- Interlock Ignition Device: You could be ordered to use an IID for a period of months or even years. You may need to pay an installation fee for this device, and you will need to pay the provider a monthly fee. The monthly fee for this device can range from $80-$150.
Possible DUI Defenses if you are charged for driving under the influence in Phoenix, AZ
There are a number of defenses you can raise against a DUI charge, including:
- Issues with the breathalyzer (equipment failure, officer handling, or a medical condition the driver has that causes a faulty reading)
- Lack of probable cause to pull you over
- Inaccurate blood/urine testing
- Miranda Rights- while you may not be able to have your case dismissed if the officer failed to read you your Miranda rights, some evidence collected after your arrest may be excluded.
- Improper field sobriety testing
If you plan on raising any of these defenses in your case, it is vital that you have an experienced DUI attorney representing you to make sure it is done properly.
Impact of a Phoenix DUI on Your Job
There are many ways a DUI conviction can impact your employment. Arizona is an at-will employment state, so your employer may terminate you after hearing of your arrest, even if you are never convicted. You may be reprimanded or fired for taking too much time off of work for hearings, trial preparation, and the trial itself, as most of these need to happen during business hours. DUI convictions carry mandatory jail sentences, which can also affect your work. Your employer may not be lenient in giving you time off if you are sentenced to more than a few days.
When your driver’s license is suspended or revoked, you may need to find alternative transportation to work, such as public transportation, ride sharing, and getting rides from friends and family members. All three of these commuting methods put you at risk of being late to work. If your job requires you to drive and/or have a commercial license, it may simply be impossible for you to continue your employment there after a DUI conviction.
Many jurisdictions in Arizona will allow you to serve part of your jail sentence under home arrest. For example, if you are sentenced to 30 days in jail, you may end up serving 6 days in jail and 24 days under house arrest. You will be required to wear an ankle monitor, which tracks your location and alcohol consumption, and costs between $10-$30 per day. You may be required to submit to random alcohol testing and have restricted hours in which you can leave your home.
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