Phoenix DUI Attorneys

Arizona DUI Charges Criminal Defense Lawyers

Drinking and driving in Arizona is a serious crime, and that’s largely because of the extreme public pressure that’s been placed on legislators, prosecutors and judges to impose stiffer penalties for engaging in this type of conduct. As a result, the days of simply paying a fine and reworking your driving routine for a relatively short amount of time are over. If you face any DUI-related charge in Arizona, you need to take immediate steps to secure the help of a Phoenix defense lawyer.

Below you’ll find information regarding different specific offenses that are related to DUI in Arizona, including drunk driving, extreme DUI, second offense DUI, loss of license regulations, DUI tests that could be performed and finally how you should proceed as soon as you’re arrested and/or questioned in regards to a DUI-related charge in Arizona.

Arizona DUI Law Described

The Arizona statute relating to a ‘general’ DUI is relatively straightforward in terms of what conduct must take place and be proven in order for a conviction to be obtained by prosecutors. The basic elements of a DUI in Arizona include:

1. Having a Blood Alcohol Content (BAC) of at least 0.08
2. Having physical control of the vehicle of which you’ve been accused of driving under the influence
3. Registering that 0.08 BAC within two hours of driving the vehicle in question

The investigation for a DUI in Arizona is usually quite rapid, and is often completed during or immediately after the traffic stop that brings the DUI into play in the first place. If the defendant is convicted of DUI, he or she could face the following sanctions:

1. Up to approximately $1,500.00 in fines, court costs and assessment fees
2. Between one and ten days in jail
3. License suspension between 90 and 360 days
4. Probation of up to five years
5. Potential for the requirement of an interlock ignition device

Clearly, these are stiff penalties, and the biggest factor working against someone who has been charged with DUI in Arizona is time. You only have a matter of days to contest your license suspension with the MVD, otherwise your driving privileges will be taken away automatically.

Extreme DUI in Arizona

An extreme DUI in Arizona is the name given to a charge that involves a driver who is accused of operating a motor vehicle with a BAC of at least 0.15, or almost twice the legal limit in Arizona. As one would expect, the penalties for a conviction of an extreme DUI are more severe than a ‘traditional’ DUI, and they include:

1. Potential for 30 days in jail
2. Up to $2,500.00 in fines
3. License suspension of up to one year
4. Up to five years of probation
5. Ignition interlock device

Second Offense DUI in Arizona

The penalties for any subsequent DUI convictions in Arizona become progressively harsher than for the first conviction. If someone is convicted of a second DUI in Arizona within seven years of the first conviction, the penalties could include:

1. Up to 90 days in jail
2. Up to $2,500.00 in fines
3. License revocation for one year
4. Up to five years of probation
5. Ignition interlock device

Loss of License Because of a DUI in Arizona

One of the most overlooked aspects of being arrested for DUI in Arizona is the fact that there is an entirely separate process that plays out with the Arizona MVD, or motor vehicles division. This process involves a hearing regarding whether or not you will be able to retain your driving privileges. This is known as an administrative hearing, and you must contest your license suspension and request a hearing within 15 days of your arrest. If you fail to do so, your driving privileges will automatically be revoked.

DUI Tests in Arizona

As is the case with almost every jurisdiction, there are common and excepted DUI tests that police will perform in furtherance of a DUI investigation in Arizona. What needs to be known is that refusing to allow for a breathalyzer test or a blood test will result in an automatic suspension of your driving privileges. Therefore, you should not refuse to take these tests.

However, there are other tests that police have the option of administering that are not necessarily required by law. These include the field sobriety test and the HGN eye test. These tests are not standardized and whether or not you ‘pass’ these tests is completely within the judgment of the police officer. What this means is that these tests are not always accurate. You should demand to speak to an attorney before taking part in any of these tests.

How a Phoenix DUI Defense Lawyer Can Help

If you are facing any DUI-related charge in Arizona, you need to act immediately to provide yourself with the best opportunity to build a defense. Many of the regulations above can be negotiated to lesser penalties or even fought at trial if necessary, but you’ll need the guidance and advice of the Phoenix DUI defense lawyers at David Wroblewski & Associates in order to take the steps that are best for you. Contact the firm today to schedule an initial consultation.