Brought to you by Colorado DUI Drunk Driving Defense

Attorney Offices by Municipality

  • Anthem
    • Boates & Crump: If you are ever faced with potential criminal charges, it is vitally important to have quality legal representation to protect your rights.
  • Bullhead City:
    • Wolfson Law Center: There are basically three drunk driving crimes in Arizona. First, it is a crime in Arizona to operate or be in physical control of a motor vehicle [including water craft] while under the influence of alcohol or drugs [even drugs prescribed by a doctor]. It is not required that you be proven to be actually "drunk" to be convicted. "Under the influence" means that the suspect was impaired in the slightest degree". The focus of this offense is whether at the time of operation or actual physical control of the vehicle was the operator impaired.
    • Keith Knochel: DUI tips and penalties. Intoxicated is defined in two ways: First, a person is intoxicated when he drives and, when, through the use of an alcoholic beverage, drug, controlled substance, or any combination thereof, has lost the normal use of their faculties and is impaired to the slightest degree. Second, a person is intoxicated when he drives and has an alcohol concentration of .10 or more in his body. If the alcohol concentration is above .18, there are enhanced or aggravated penalties.
  • Chandler
    • Dodge, Benjamin: Time is always of the essence and you must retain a DUI Lawyer quickly to avoid unnecessary MVD penalties!
    • Christopher Winchell:

      The best defense is a good offense. All areas of your case must be fully investigated and reviewed in order to determine the best course of attack for the defense of your case. A brief outline of the areas of review in these types of cases includes the following:

      • Was there a traffic violation that permitted the police officer to stop you?

      • Did the police officer have reasonable suspicion for a DUI that permitted him to stop you?

      • If you were stopped at a DUI checkpoint, was it legal? Were all drivers stopped or just some? What were the established guidelines for the checkpoint? How long was the stop?

      • Were you actually in control of the vehicle when the police came upon you?

      • What signs of alleged intoxication did the police officer state he/she relied upon in determining that they had probable cause to believe you were intoxicated? Is there an alternative explanation for these signs such as illness or tiredness?

      • Did you police officer give you time to discuss your case with your Attorney if you so requested?

      • Did the police officer have reasonable suspicion in order to conduct a field sobriety test?

      • What is the level of the police officers training in conducting the field sobriety test? Were all procedures followed?

      • What field sobriety tests were given? Were these tests a reliable way of determining whether potential intoxication exists?

      • Were other field tests conducted such as the Horizontal Gaze Nystagmus (HGN) test? How did the police officer perform the test?

      • Was there probable cause to arrest you and take you to the police station for a breathalyzer test?

      • Did the police fail to properly advise you of your Miranda warnings prior to any questioning while in custody?

      • Did the police officer fully explain your right to refuse a breath test and the consequences for doing so?

      • If the police officer accuses you of refusing the test, did you in fact refuse?

      • What machine was used to conduct the breath test? Was it properly maintained and in good working order? Was the police officer properly trained to conduct the test? Did the police officer conduct the test in the correct manner? Has the police station kept accurate records concerning the reliability and maintenance of the machine? Was the test conducted within two hours of driving?

      • If blood was tested, was it whole blood, serum, or plasma? Did the police officer obtain the sample by consent, by force pursuant to a warrant, or from a hospital? Is the chain of custody in order? Were procedures followed by the lab in testing the blood? What is the error rate for the lab? Has the lab been recently cited for violating regulations that call into question the reliability of its results? Did the police officer give you an opportunity to obtain an independent test of your blood alcohol content?

      • Would the testimony of a forensic toxicologist be helpful to your defense?

    • Sullivan Law Office: In Arizona, DUI is a serious crime with serious repercussions.
  • Flagstaff
    • Glazer Law Offices: DUI/Driving Under the Influence: "DUI" stands for Driving under the Influence and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, a DUI conviction stays on a DMV record for several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit.  Plus, a DUI could also jeopardize your employment opportunities. However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter). Further, a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10 years of the new charge.
    • Kaiser, James & Wilson: Any person who is facing a criminal charge, no matter how minor, will benefit from consulting a qualified criminal defense lawyer. Unlike civil court cases, where money or property may be at stake, a person suspected of committing a criminal act is in jeopardy of losing their fundamental freedom, and should act quickly to protect their rights by contacting an experienced criminal defense attorney. An experienced criminal defense lawyer can identify important pretrial issues and bring appropriate motions which might significantly improve a defendant's case.
    • Springer Law Firm: If you have been arrested for drunk driving, it may be the first time you have faced criminal law charges. If so, it is only natural for you to have questions: Do you have to go to jail? Are you going to lose your license? How much of a fine will you pay? How much will the whole process cost? A criminal defense lawyer dedicated to protecting your rights can answer your questions.
    • Daniel Kaiser: Trust, Integrity, Truth: The keys to successful client relationships.
    • Kirkpatrick & Harris: When someone is arrested, the criminal process will vary, depending upon whether they are charged with a misdemeanor or a felony. A misdemeanor case is one where the maximum punishment is six months in county jail, a fine, or a combination of jail and a fine. In a felony case, the punishment is usually much more severe, and can include confinement in the Arizona State Prison, or in some extremely serious cases, death. In a misdemeanor case, the first appearance is called an arraignment. The main purpose the arraignment is for the accused to enter a plea. If the accused pleads not guilty, the case is scheduled for a pretrial conference and at some point a trial. A conviction requires six jurors to unanimously agree that the accused is guilty beyond a reasonable doubt. In felony cases, the first appearance is the initial appearance. The Case would be set for preliminary hearing which is held in front of a judge and not a jury. The judge will listen to the testimony of witnesses and determine whether there is sufficient evidence to bind the defendant over to stand trial. If the judge decides that there is enough evidence for the accused to be brought to trial, the defendant has the arraignment, pretrial conference, then trial.
  • Gilbert
    • Barron, Nathan: Quality legal representation should not be limited only to those of great financial means.
    • Wilson-Goodman & Fong:

      DUI FAQS

      1)  SHOULD I PERFORM FIELD SOBRIETY TESTS?
      DO NOT agree to take any field sobriety tests (FSTs).  There are several types of FSTs: Walk and Turn, On Leg Stand, and an eye test (otherwise referred to as Horizontal Gaze Nystagmus). You have every right to refuse these tests without consequence to you. Remember, you have a constitutional right to remain silent. Make sure not to answer any questions without first having your attorney with you.

      2)  SHOULD I SUBMIT TO A BREATH, BLOOD OR URINE TEST?
      Under Arizona law, you must agree to take a breath, blood or urine test once you have been arrested. It would be a good idea to contact an attorney prior to submitting tot he tests, if possible.  Failure to submit to the tests upon request may result in your driver's license being revoked for one year. However, if you are asked to take a Portable Breath Test (a small tube you blow into, usually requested by the officer at the scene) and not an actual breath test (a breathalyzer or intoxilyzer machine you blow into while at a DUI van or police station), you do not have to submit to it.

      3)  HOW MANY DUIs CAN I BE CHARGED WITH?
      Generally, the State may bring three different charges against you, depending on the amount of alcohol in your system at the time of driving:
      a)  Driving While Under the Influence while impaired to the "slightest degree". This charge does not require the State to prove that your blood alcohol concentration be at a certain amount, but only that you are impaired to the slightest degree.
      b)  Driving While Intoxicated with a blood alcohol concentration above .08 within two hours of driving.
      c)  Driving While Intoxicated with a blood alcohol concentration about .15 within two hours of driving.  This is referred to as an "Extreme DUI".  If convicted, penalties increase significantly including a longer jail sentence and higher fine. You will also be required to install a breath interlock interlock device on you vehicle.

      4)  WHEN DOES A DUI BECOME A FELONY?
      There are a couple of ways that your DUI may be charged as an aggravated (felony) DUI.  First, under Arizona law, should you be convicted of three DUIs within five years, you will be charged with a felony DUI. Second, should you be arrested for DUI while driving on a suspended license, you may be charged with an aggravated DUI. Keep in mind that the State has the burden of proving that you knew or should have known your license was suspended at the time of driving. The punishment for an aggravated DUI may range from supervised probation with a mandatory minimum of 4 months in prison to almost 4 years in prison.

      5)  WILL MY DRIVER'S LICENSE BE SUSPENDED?
      Keep in mind that you are entitled to a hearing before an Administrative Law Judge at the Motor Vehicle Department. If your blood-alcohol reading is about .08, your license may be suspended for 90 days. In some cases, the MVD will issue a restricted license after thirty days for work purposes. This license suspension may occur even if you have not been convicted of a DUI in a criminal court proceeding.

  • Glendale
    • Cheryl Brown:

      Arizona law generally concerns three levels of drunk driving, with graduated penalties for each:

      • Driving Under the Influence (DUI), also called Driving While Impaired (DWI) — Blood-alcohol content of .08 percent or more
      • Extreme DUI — BAC of .15 percent or more
      • Drivers under age 21 can be convicted of DUI / DWI if they have any alcohol in their system (i.e., .01 percent BAC), as well as being charged with minor in consumption or minor in possession, which can affect their driver's license for up to 2 years, regardless of whether or not you were driving.
      • State law also establishes a lower BAC threshold of .04 percent for those with a commercial driver's license (CDL) and >commercial truck driver DUI.
      • Driving under the influence of drugs carries the same penalties as alcohol DUI.
      • State law establishes that a BAC of .01 percent to .08 percent could result in a DUI under the "to the slightest degree" rule.

      Severe Consequences for a Drunk Driving Conviction

      Arizona levies tough DUI penalties for those convicted of impaired driving. Sentencing depends on the level and circumstances of intoxication, prior convictions, and the court where your case is heard. First offenders, will serve 24 hours in jail, while a second or third offense may result in substantial jail or prison time, respectively. Other criminal penalties include fines, alcohol and substance abuse treatment, traffic survival school, and ignition interlock devices. In addition, the MVD will suspend your driver's license for a period of time, and your auto insurance rates may skyrocket.

      There are many valid defenses to DUI / DWI, and it may make sense in your case to challenge the charges at trial.

    • John Phebus: Our drunk driving statutes are now enforced rigorously, prosecuted zealously and provide for substantial punishments.

      This is proper. It is also proper, however, that we remain vigilant in safeguarding the rights of individuals charged with DUI and related criminal offenses.

      The Charge

      Over the years, the publics perception of drunk driving has evolved. What the public once viewed as a common indiscretion is now viewed as a serious crime and public health hazard. State legislatures all over the country are engaged in a feeding frenzy of "feel-good" legislation in response to pressure exerted by well-financed political interest groups. As a result, ordinary citizens -- many of whom are not intoxicated or impaired at the time of driving -- are being arrested in record numbers and forced to defend against criminal charges. Given our current political climate, DUI is a serious criminal charge.

      In 1996, over two-million people were arrested in the United States for DUI/DWI. More people are charged with "DUI/DWI" than any other criminal offense. That year, 43,040 DUI cases were processed in Arizonas limited jurisdiction courts (i.e., Municipal Courts, Justice Courts) alone. In the City of Phoenix, 93% of all persons charged with DUI pled guilty without going to trial to fight the charges against them. By pleading guilty, they gave up their right to have a trial before a jury; to confront their accusers; to refute the evidence against them and to force the government to prove each element of every charge against them beyond a reasonable doubt.
       

      Possible Penalties

      1st Offense Misdemeanor

      The maximum potential penalty is 6 months in jail, 5 years of probation, a fine of $2,500 with a surcharge of approximately 70%, alcohol counseling, and the loss of your license for at least 90 days. The minimum penalty is 10 days of jail with the possibility of 9 days suspended pending the alcohol screening and counseling. The normal fine is approximately $400. The one-day of jail required must be served. There are additional penalties within the court's discretion. 

      2nd Offense Misdemeanor

      The maximum penalty is the same as a first offense except that the second conviction in 5 years will result in the revocation of your driver's license for one year. The minimum penalty is 90 days in jail with the possibility of 60 days suspended pending the alcohol screening and counseling. The normal fine is approximately $800. Your license will be revoked for one year. There are additional penalties within the court's discretion. 

      Extreme DUI

      If your blood alcohol level is .150 or greater within two hours of driving based on a blood, breath and / or urine sample, you could be convicted of EXTREME DUI. This offense is also a misdemeanor offense. However, the Court will be required to sentence you to a minimum 30 days of jail and suspend your license for one year. Normal fines are approximately $400 with the same screening and counseling requirements as the other misdemeanor offenses. If this happens to be your second misdemeanor DUI offense, then you will also faced enhanced punishment including 120 days of jail with the possibility of 60 days suspended and a fine of approximately $800. There are additional penalties within the court's discretion. 

      Work Release/Home Arrest

      If you are sentenced to serve a jail sentence, the court has the discretion to allow you work release from the jail. You may be required to serve one or two days in jail prior to your release taking effect. Although the statutes provide for home arrest, the courts do not have a system in place to allow for it. 

      Aggravated DUI

      It is a felony to get a third DUI in five years or any DUI while your driver's license is revoked, suspended or restricted for any reason. If you are convicted of a class 4 felony, you will face a possible prison sentence. Normally, you will receive a grant of probation. However, if granted probation, the Court is required to incarcerate you in the State Prison for 4 months as a condition of probation. As a felony, the maximum fine you could face is $150,000. You will have your license revoked for at least 3 years. There is no work release. In addition, the State may forfeit your vehicle. There are additional penalties within the court's discretion. If you are convicted of a class 6 felony, you will also face the three-year revocation of your driver's license, the same fine as above, and the possibility of incarceration ranging from 4 months to 2 years. The penalties are even more severe for a second offense Aggravated DUI or if you have any prior felony convictions.

      As a DUI lawyer, what would you do if you were stopped for a DUI? 

      1. Immediately request an attorney -- Ask officer to note time of my request.
      2. Refuse to answer ANY questions (Other than name and address).
      3. Produce requested documents ... be polite even if the officer isnt.
      4. Refuse ALL field sobriety tests.
      5. Take a breath/blood/urine test.
  • Mesa
  • Parker
  • Kingman
    • Sears, Elana: Upon arrest or as soon as you become aware that the police or another state agency is looking for or investigating you, or if you believe that you may have committed a crime. The earlier you contact a lawyer the better. An attorney can intervene with the police and either prevent an arrest or, if you are going to be arrested, arrange for your surrender at a time and in a manner that minimizes embarrassment to you or your family. Retaining a lawyer also prevents the police from questioning you.   Trying to solve your legal issues without establishing the particular characteristic of your potential legal problem can be a waste of time, money and effort. You need a detailed analysis for your unique situation. In certain cases, improper determinations can cost you your rights under the law. For instance: Many if not all types of cases have deadlines, if these deadlines are not met you can be barred from any sort of defense or relief.
  • Peoria
    • Michael Define: Know your rights. Protect your rights. Consult with an attorney before you go to court for your DUI.
  • Phoenix
  • Prescott
    • Lauren VanPelt: Charges of drunk driving are serious. They could result in large fines, loss of driver's license, or even jail time. You need an attorney who will treat your case with the seriousness it requires.
  • Rio Rico
    • Hale & Williams: "Driving under the influence" (DUI) and "driving while intoxicated" (DWI) are two names for the crime of drunk driving. Other statutory names for this crime are "operating under the influence" (OUI) and "operating while intoxicated" (OWI). The different names for the crime reflect differences in the state statutes that define the crime. However, all the statutes have the common purpose of punishing drunk driving and driving under the influence of illegal drugs. A conviction for drunk driving carries serious consequences, including driver's license suspension or revocation, fines, and time in jail or prison. Accordingly, a person charged with drunk driving must not hesitate to seek legal counsel from an experienced criminal defense attorney in order to best protect his or her interests.
  • Scottsdale
  • Sedona
    • Gary Kazragis: $10,000 for a First Offense!? That's right - Arizona lawmakers are extremely tough on drunk driving. When you add up all the fines, court costs, "rehab" classes, and raised insurance, a first offense DUI with a BAC between .08 and .149 can easily top $10,000. For second and third offenses, or with a BAC of .15 and above, the penalties increase dramatically. But hundreds of people get charged with drunk driving in Arizona every week, and when you walk into the courtroom, there's not much to help the judge tell you apart from any of the others. To keep from being summarily slapped with the stiffest penalties on the books, you need a reasoned, well-presented defense.
    • Thomas Gorman: Don't face serious criminal charges alone.
  • Sierra Vista
    • Bays Law Firm Voluntary Intoxication: the result of intentionally taking without duress of a substance known to be intoxicating.
    • Bernadette Burick:

      Driving Under the Influence or other traffic charges

      In Arizona, driving under the influence includes: Operating a vehicle under the influence of alcohol, controlled substance, medication, or prescription that impairs the driver's ability to operate the vehicle.

      Consequences for the conviction of Driving Under the Influence may potentially include:

      • Loss of driver's license
      • Probation or parole
      • Loss of auto insurance
      • Court ordered driving school
      • Impound of vehicle
      • Court ordered ignition device
      • Significant fines
      • Other

      Likelihood of any of the above consequences depends on the following factors:

      • Prior similar convictions
      • Any other prior convictions
      • Currently on probation or parole
      • Attitude of the community and court toward this type of crime
      • Degree of media attention on case
      • Mitigating/aggravating circumstances
      • Accident involved
      • Blood alcohol content
      • Other

      What I can we do to help?

      • Early preparation, including legal research and defense identification
      • Early investigation and identification of all facts helpful to your defense
      • Interview police to minimize or eliminate the case
      • Interview the prosecutor to minimize or eliminate the case
      • Interview all witnesses
      • Reduce or eliminate bail requirements
      • Provide emotional support to loved ones and ensure that they are continually updated as to the status of your case
      • In appropriate cases, negotiate jail alternatives
      • Develop appropriate motions to dismiss the case
      • Develop appropriate motions to suppress evidence
  • Tempe
  • Tucson Tucson Tucson Tucson Tucson Tucson
  • Unknown
    • Robert Barry: If you have been arrested or cited on suspicion of Driving Under the Influence of drugs or alcohol, it is important that you known and understand your rights.
  • Yuma
    • Bleigh Law Office: If one is charged with driving under the influence of alcohol (DUI), or driving while intoxicated (DWI), or operating under the influence (OUI), there are numerous defenses one could raise prior to trial by way of a motion to suppress evidence or to dismiss the charges or during trial.
    • Vida Florez: The Sixth Amendment Confrontation Clause guarantees every criminal defendant the right "to be confronted with the witnesses against him." Generally, this means that the accused has a constitutional right to cross-examine witnesses who make statements against him. In conjunction with this right, hearsay statements (out-of-court statements offered to prove the truth of the matter asserted) are generally inadmissible. However, there are several exceptions to the hearsay rule, which make the out-of-court statements of a non-testifying witness admissible under certain conditions (in spite of the Confrontation Clause). In fact, the tension created between the admissibility of certain hearsay statements and the conflicting right of the accused to cross-examine witnesses has risen to the level of the U.S. Supreme Court. In assessing the connection between the Confrontation Clause and the hearsay rule, the Court has specifically questioned the hearsay exception for statements against penal interest and the admissibility of accomplice confessions that inculpate the accused.
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