Arizona DUI Attorney
As former Maricopa County prosecutors, our attorneys have the edge over other criminal defense attorneys. We have prosecuted numerous DUI and criminal cases in Maricopa County and we have attended numerous trainings put on by various law enforcement agencies, such as the Advanced Roadside Impaired Driving Enforcement (ARIDE). ARIDE is an advanced police training school designed to train officers how to detect and investigate drug and alcohol DUI’s. ARIDE is available only to law enforcement and is part of the exceptional DUI training given to Arizona police officers. This specialized training and knowledge offers a deeper insight into each criminal case. As Maricopa County attorneys, we worked alongside multiple other prosecutors, police officers, defense attorneys, and judges. We know what is important to both police officers and prosecutors, how prosecutors and officers are trained to assess a case, and how officers and prosecutors prepare for trial. The knowledge and skills gained from this experience is unparalleled and provides a significant advantage over other criminal defense attorneys.
Arizona has some of the toughest DUI laws in the country. These laws can be a bit confusing. An attorney can help you better understand your charges and can review your options with you to help you make informed decisions. An attorney may even help get your case dismissed or your charges reduced.
Arizona DUI Laws
It is important to understand that various factors come into play when determining charges and penalties. Some of these factors include your blood alcohol level (BAC), prior DUI convictions, whether your driver’s license was suspended, cancelled, or revoked, and whether you were driving with a passenger under the age of fifteen. These factors determine whether the charge is a felony or misdemeanor. You may also find yourself with multiple DUI charges, depending on the facts.
There are several levels of misdemeanor DUI offenses. You do not have to be “drunk” or “wasted” to be charged with a DUI. In fact, you can be charged with a DUI even if you were not driving the car. The law simply requires that you be in actual physical.
DUI A.R.S. Section 28-1381(A1)
Driving Under the Influence of intoxicating liquor or drugs. This involves driving with only slight impairment and does not require a blood alcohol concentration (BAC) of .08 or more. Thus, you can be convicted of DUI even if your blood alcohol concentration is below .08. Impairment can be shown through driving behavior, physical appearance, statements, and performance on Field Sobriety Tests (FST’s).
DUI A.R.S. Section 28-1381(A2)
This law requires a BAC of .08 or more within 2 hours of driving, or being in actual physical control, of a motor vehicle. A chemical test is used to prove the BAC.
DWI A.R.S. Section 28-1382
Extreme DWI (or Extreme DUI) requires a BAC of .15 or more within 2 hours of driving a motor vehicle. This requires a chemical test to determine BAC. The penalties for an extreme DUI are much more severe than a regular DUI. Super Extreme DUI is also included under this law. This requires a BAC of .20 or more within 2 hours of driving a motor vehicle. This also requires a chemical test and carries even harsher penalties that a regular or extreme DUI.
DUI A.R.S. Section 4-244.33 (Underage DUI)
Also known as underage DUI, requires only that the person be under 21 years old, drive a motor vehicle and have ANY alcohol in their body.
Arizona DUI's Carry Various and Significant Penalties
Right to Remain Silent – You have a 5th amendment right to remain silent. You are not required to answer questions or submit to an interview. This is an extremely important right. If you are stopped, give the officer your driver’s license, vehicle registration, and insurance, but do not admit to anything or answer any questions. Anything you say to the officer or to another person may later be used against you in court.
Right to an Attorney – You have the right to an attorney. If you are stopped for DUI, immediately request to speak to an attorney and do not take any tests prior to consulting with an experienced DUI attorney. An attorney will be able to explain your rights more fully and walk you through the rest of the investigation. This may protect you from adverse results down the road.
Do not agree to take an eye test or physical test – Many times an officer may ask that you perform field sobriety tests and submit to an eye test (HGN test). Arizona Law does not require that you submit to these tests. The tests may be misconstrued or improperly administered. Thus, it is usually in your best interest to decline.
Chemical tests – If the officer asks that you submit to a chemical test like blood, breath, or urine, contact an attorney. If you do not agree to a chemical test, you may be required to take one and MVD may suspend your license for 1 year. After you speak with an attorney, submit to a blood/breath test and request that the police preserve a sample for independent testing. Request immediate release for your own independent test.