REGULAR DUI LEGAL REPRESENTATION
HOW TO AVOID AN ARIZONA DUI
Obviously, the best way to avoid getting a DUI in Arizona is to always call a cab or rideshare home after even a sip of alcohol. If you have been drinking in moderation, you may want to consult a BAC chart based on your gender, height, and weight. This should give you a general idea of what range your BAC might be in based on how many drinks you have had and how long it has been since you started drinking. This chart isn’t a guarantee and you could have a higher BAC if you are on medication, haven’t eaten, etc. You should also keep in mind that while a BAC of .08 or more creates a presumption of intoxication, the police may use their discretion on whether to charge you with a DUI if your BAC is between .04-.079 percent.
If you are pulled over for suspicion of DUI, have your driver’s license, registration, and insurance information ready for the police officer. Try your best to remain calm and polite with the officer. Remember that you have the right to refuse field sobriety tests (e.g., walking in a straight line, standing on one leg). Let your officer know if you have any medical conditions that would prevent you from successfully completing these tests. Once you are arrested for DUI, refusing to take breathalyzer and chemical tests can result in your driver’s license automatically being suspended for one year.
REGULAR ARIZONA DUI
Driving Under the Influence in Arizona, Know the Facts!
First Offense DUI in Arizona
In Arizona, a DUI conviction can have serious and lasting consequences in your life. Unlike many states that let first time offenders off with a slap on the wrist, even a first DUI conviction comes with mandatory jail time in Arizona. A driver in Arizona can be charged with DUI for a BAC as low as .04, or even .01 if the driver is under 21. Understanding the consequences of a DUI conviction in Arizona is the best motivation to call a ride after you’ve had a few.
FAQ’S FOR REGULAR ARIZONA DUI’S
ANSWER:
You should, of course, try your best to maintain your composure once you are pulled over under suspicion of DUI. If you have been drinking, don’t tell the officer how many drinks you have had. You can politely decline to answer any questions beyond providing your identification if you so choose. You may also choose to decline to field sobriety testing, especially if you have a disability or another condition that may cause you to appear intoxicated. However, you will face an automatic one year license suspension for refusing to submit to breath and chemical testing. If you are placed under arrest, don’t make any statements until your attorney is present.
ANSWER:
You could be charged with a felony in addition to your DUI, e.g., you cause an accident that results in someone’s death or you leave the scene of an accident. However, there are limited circumstances that will lead a DUI to be charged as a felony as opposed to a misdemeanor. These are: (1) if a child under 15 years old is in the vehicle; (2) this is the driver’s third DUI in a 7 year period; (3) the driver currently has an ignition interlock device installed; and (4) the driver’s license is suspended, revoked, or restricted. The first of these is a Class 6 felony in Arizona, while the rest are Class 4 felonies. The minimum penalties for an Aggravated DUI in Arizona are 4 months in prison, $4,000 in fines and fees, 12 months of ignition interlock device use, and driver’s license revocation.
ANSWER:
Most DUI’s are charged as misdemeanors, but all still carry mandatory jail sentences if convicted. There are also mandatory fines, assessments, court costs, and the defendant may even be ordered to reimburse the state for some of the cost of their public defender. You will be ordered to complete community service, and may need to attend drug and alcohol counseling and defensive driving courses. Your license will be revoked and you will need to use an interlock ignition device when it is reinstated.
ANSWER:
Anyone under the age of 21 who drives with any alcohol in their system (even a BAC of .01) can be charged with DUI in Arizona. Arizona DUI laws have a special provision for defendants under 21, casually referred to as a “baby DUI.” A baby DUI is punishable by up to 6 months in jail, but unlike a regular adult DUI, there is no minimum mandatory jail sentence. A baby DUI comes with a mandatory 2 year license suspension, but the judge may choose to allow the driver to have limited privileges or use an ignition interlock device.
ANSWER:
Alcohol isn’t the only substance that can impair your driving ability. Even if your breathalyzer results don’t show alcohol in your system, the police officer may suspect you are under the influence of marijuana, prescription pills, narcotics, etc.
ANSWER:
If your charges are dismissed or you are declared not guilty at trial, you won’t go to jail. Your attorney may also be able to plea bargain for lower charges such as reckless driving, which doesn’t carry a mandatory jail sentence. Consult with a criminal defense attorney (or more than one!) to see what kind of alternatives you can realistically expect.
ANSWER:
If the driver’s BAC is 0.15-0.199, the charge is increased to Extreme DUI. For a BAC of .20 and higher, the charge is Super Extreme DUI. All of the minimum penalties increase drastically for first and secondary high-BAC DUI’s.
ANSWER:
You are free to refuse field sobriety testing without an automatic suspension of your driver’s license. Some field sobriety tests may present an unfair disadvantage to the disabled, elderly, ill, etc. Common examples of field sobriety tests are walking in a straight line, standing on one leg, and the horizontal gaze nystagmus, or following a light the police officer shines with your eyes.
ANSWER:
Refusal to submit to blood testing will result in an automatic one year suspension of your driver’s license. You will have 15 days from the date of the refusal to argue your case at an administrative MVD hearing. The officer will likely be able to quickly obtain a warrant to test your blood despite your refusal.
ANSWER:
Arizona law requires that a driver arrested for DUI be in “actual physical control of the vehicle.” This means you can be arrested for sleeping it off in your vehicle, and you should probably consider hiring an attorney to prove you had no intention of driving. Factors like where your keys were stored, which seat you were sleeping in, etc., can affect the strength of your defense.
OTHER PENALTIES AND FINES FOR STANDARD DUI IN ARIZONA
There are many other consequences to a DUI conviction in Arizona than the standard penalties described above.
Additional DUI Penalties in Arizona Include:
- If you are arrested for Extreme or Super Extreme DUI, your car will automatically be impounded for 30 days. You will need to pay a storage fee of $15 per day as well as an administrative fee of $150 to retrieve your vehicle within 10 days of your vehicle becoming eligible for release, or the storage lot may file for title to your vehicle.
- Most defendants convicted of DUI are ordered to complete at least 30 hours of community service.
- Court-ordered drug and alcohol counseling, such as Alcoholics Anonymous
- The defendant may need to complete between 8-30+ hours of defensive driving school, the cost of which starts in the low hundreds of dollars.
- The driver may be required to maintain SR-22, or high risk, insurance coverage for up to 3 years. Drivers switching to SR-22 coverage can expect their rates to at least double.
- If your DUI arrest stemmed from you causing an accident, you may be required to pay the victims restitution before your driving privileges can be restored.
JUST GOT YOUR FIRST DUI IN ARIZONA?
Here’s what to expect:
When you are arrested for DUI, you will be taken to the police station for blood or urine testing. You may or may not be allowed to have someone come pick you up afterwards, depending on the severity of your situation.
Your license will automatically be suspended, and you will have 15 days to request a hearing at the MVD to challenge that suspension. A public defender won’t represent you in this hearing, but a private criminal defense attorney may.
Before your arraignment, your attorney should already be negotiating for a plea bargain if that is your case strategy. You can expect more communication and time spent negotiating from a private defense attorney as opposed to a public defender, who is likely to be inexperienced with a heavy caseload.
After a DUI arrest, you should speak to a criminal defense attorney as soon as possible to begin preserving evidence in your defense and to prevent yourself from taking any actions that could damage your case.
Defendants represented by private attorneys tend to have the best outcome in their DUI cases. While a considerable expense for most, the long-term savings of reduced penalties can be far greater. To make hiring a private attorney more affordable for everyone, our Arizona DUI attorneys offer free initial consultations, as well as competitive rates and payment plan options. See what our experienced DUI attorneys can do for you with your free consultation today!
