Mesa DUI Lawyers

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Sullivan Law Office: Arizona law provides severe penalties for persons convicted of drunk driving, even for first-time offenders. The State of Arizona Department of Public Safety's slogan is "You Drink...You Drive...You Lose." And they are serious about it. Some of the penalties first-time offenders might face are: * fines and court costs * jail time * license suspension or revocation * community service * mandatory counseling * installation of an ignition interlock device The penalties increase with repeat offenses. Despite your arrest, there is hope. The penalties listed above are criminal penalties. In order to be convicted of a crime in Arizona, the prosecution must prove the charges against the defendant "beyond a reasonable doubt." The goal of your defense lawyer is to raise reasonable doubt in the state's case against you. We will raise questions such as * Whether the police acted properly and legally in stopping you * Whether the blood or breathalyzer test was properly administered * Whether the breathalyzer equipment had been properly maintained and calibrated * Whether there was probable cause to administer the blood or breathalyzer test If we can raise a reasonable doubt at any one of these, or other points, we may succeed in having the charges against you dismissed.
Trent Buckallew:
DUI/DWI AND TRAFFIC OFFENSES:

In every state, including Arizona, it is a crime to operate a vehicle if the effects of either drugs or alcohol impair your ability to safely operate that vehicle. These types of offenses are commonly referred to as, DUI (Driving Under the Influence), DWI (Driving While Intoxicated), or OUI (Operating Under the Influence). Regardless of how the offense is referred or described, the basic principal is that it is unlawful for an individual to operate a vehicle if the effects of alcohol, drugs, or prescribed medications impair the driver's ability to safely operate the vehicle. The penalties for DUI related charges could include, fines, suspension or revocation of driving privileges, community service, the use of interlock devices and incarceration. It is critical to hire an attorney who understands the complexities of DUI laws, as well as the forensic science relating to these types of charges. Mr. Buckallew has extensive knowledge and experience in handling DUI cases. Moreover, Mr. Buckallew possesses an understanding of the underlying scientific issues involved in a DUI case. Mr. Buckallew will work vigorously to protect your rights and defend your case. If you, or someone you know, are facing a DUI/DWI and/or traffic related offense, call our office today for a free case consultation.

DUI
In the State of Arizona, it is unlawful for a person to drive or be in actual physical control of a vehicle under the following circumstances: While under the influence of intoxicating liquor or drugs if the person is impaired to the slightest degree; if the person has an alcohol concentration of 0.08 or more within two hours of driving; while there are drugs or drug metabolites in the person’s body; or, if the vehicle is a commercial motor vehicle, requiring a person to obtain a commercial driver license and the person has an alcohol concentration of 0.04 or more. The maximum penalty for a first time misdemeanor DUI is: 6 months jail and a $2,500.00 fine with 80% surcharge.
ARS § 28-1381

Extreme DUI
In the State of Arizona, it is unlawful for a person to drive or be in actual physical control of a vehicle if the person has an alcohol concentration of 0.15 or more within two hours of driving. Penalties for an extreme DUI can include fines, suspension of driver’s license, community service, the use of interlock devices and jail time. If you are facing an Extreme DUI charge, it is critical to hire an attorney who understands the complexities of DUI laws, as well as the forensic science relating to these types of cases. The maximum penalty for a first time Extreme DUI is: 6 months jail and a $2,500.00 fine with 80% surcharge, and the minimum penalty can include, among other things, 10 days in jail and a requirement to equip your vehicle with an ignition interlock device.
ARS § 28-1382

Aggravated DUI
A person can be found guilty of an Aggravated DUI if the person commits a DUI as defined under § 28-1381 (See DUI section above), or commits a violation of Extreme DUI as defined under § 28-1382 (See Extreme DUIsection above), while that person’s privilege to drive is suspended, canceled, or revoked. Alternatively, a person can be charged with Aggravated DUI if a person commits a third DUI within a period of sixty months. Finally, a person can be charged with Aggravated DUI if a person commits a DUI while having a child under the age of 15 years in the vehicle. The maximum penalty for a first time Aggravated DUI can be: Incarceration in the Arizona Department of Corrections for 3.75 years with substantial fines. The minimum penalty in these cases often requires a minimum mandatory 4 months in the Arizona Department of Corrections. If you have been charged with Aggravated DUI, it is critical to hire an attorney who understands the complexities of the felony DUI laws in Arizona, as well as an attorney who understands the complex science involved in these types of cases.
ARS § 28-1383

Zero Tolerance
The State of Arizona also has a “Zero Tolerance” law, which targets drivers under the legal drinking age of 21. If a person under the age of 21 is found to be operating a vehicle with even a trace of alcohol in their system (a BAC above 0.0), they could be penalized under this law.

Implied Consent
A person operating a motor vehicle in the State of Arizona gives consent to the testing of the person’s blood, breath, urine or other bodily substance, in order to determine alcohol concentration or drug content if the person is suspected of driving or being in actual physical control of a motor vehicle while impaired. These tests are administered by law enforcement if they have reasonable grounds to believe that the person is driving under the influence (of drugs or alcohol), or if the person is under twenty-one years of age, with liquor in the person’s body.

After an arrest the driver must submit to the requested tests, and if the driver refuses, he/she will be informed that his/her driver’s license will be suspended for twelve months, or for two years for a second refusal within sixty months.
ARS § 28-1321

Field Sobriety Testing
During a DUI stop, an officer may ask a driver to submit to field sobriety testing, which can include performing any number of tasks to assess impairment of a person’s physical ability. These can include tasks such as reciting the alphabet backwards, HGN (Horizontal Gaze Nystagmus) – eye and penlight testing, or walking a straight line with arms outstretched.
Bonnie Yarbrough: Arizona’s DUI laws are extremely severe. If your driving is impaired, you may accept a conviction for driving under the influence without understanding the quality of the State's evidence against you. Alcohol is only one of the issues. Evidence of drug use can remain in the body for days, weeks and/or months. If illegal drugs or their metabolites are found in your blood or urine, you may be charged with an aggravated DUI and sentenced to four months in "tent city" or the department of corrections .
Knowles Law Firm: Driving Under the influence is a very serious charge. The penalties keep getting stiffer and stiffer. If convicted, you face hefty mandatory fines, mandatory jail time, as well as mandatory driver's license suspension or revocation. You could be placed on probation for up to 5 years, ordered to complete an alcohol treatment program, ordered to perform community service hours, and ordered to install your car with an ignition interlock device.
Andrea Curry: DUI\DWI If you or someone you know has been arrested for a drunk driving or other alcohol related driving offense, consultation with an experienced attorney is a must. In addition to severe penalties such as jail time, fines, and court costs, DUI convictions can significantly impact employment, driving privileges, and other important areas.
Leonard Law Office:

SHOULD I TAKE A FIELD SOBRIETY TEST?
Simply stated: NO! These tests normally include the walk and turn, finger to nose, one leg stand, and the Horizontal Gaze Nystagmus (HGN). There is no requirement to submit to any field sobriety test. Unfortunately the officers are not required to advise you of this. This is not the breath or blood test.

SHOULD I TAKE A BREATH, BLOOD OR URINE TEST?
If the officer has a reasonable basis to suspect drugs or alcohol in your body, the officer has the right pursuant to law to require you to submit to a test or tests of the officer's choice. This test is called the "implied consent." If the test shows your blood alcohol concentration (BAC) over 0.08, your license will be suspended for 90 days. You may be eligible for a restricted license for work purposes after the first 30 days of no driving.

If you refuse the test, you may be subjected to a blood draw based on a search warrant AND your license will be suspended for one year (called the admin per se suspension).

WHAT IS B.A.C.?
B.A.C. stands for Blood Alcohol Content. It is the percentage of alcohol in your bloodstream.

WHAT ARE THE LEGAL LIMITS IN ARIZONA?
Arizona recently lowered the blood alcohol limits for driving while under the influence as well as extreme driving under the influence. The limits are now .08 and .15 respectively. These lower limits mean that less alcohol will place you over the limit and subject you to mandatory penalties if convicted.

WHAT ARE THE PENALTIES FOR D.U.I.?
The penalties for a D.U.I. vary depending upon your prior history, and the circumstances surrounding your particular case. Arizona law requires a minimum sentence in all D.U.I. cases.
WHAT WILL HAPPEN TO MY DRIVER'S LICENSE IF I AM CHARGED WITH D.U.I.?
If your alcohol reading is above .08, Motor Vehicle will suspend your license for 90 days. If eligible, after the first 30 days of suspension, a restricted license for work purposes may be issued. The license suspension occurs regardless of whether or not you have been convicted of a D.U.I.

If you refuse to comply with a police officer's request to take an alcohol test your driver's license will be revoked for one year. This will also happen regardless of whether or not you have been convicted of D.U.I.

If a hearing is requested with the Motor Vehicle within 15 days after receiving a D.U.I. citation, the suspension will be stayed, or stopped, until the hearing takes place.

WHAT DO I DO IF I AM PULLED OVER FOR D.U.I.?

Mark Victor: SURVIVING A TRAFFIC STOP
by Marc J. Victor

Being pulled over by a police officer can be a stressful experience. Although life is full of such experiences, unlike many other stressful experiences, a traffic stop has the potential to end in a loss of money, liberty or even life. No two traffic stops are entirely identical. Therefore, the advisable course of conduct will vary depending on the situation. However, there are some general rules which can be helpful in many situations.

The best piece of advice one can offer is to avoid being pulled over in the first place. A traffic stop offers nothing to be gained. The best case scenario for the driver is to leave as if the stop never occurred losing only some time. On the other hand, the downside can be disastrous.

Vehicle equipment violations such as expired tags or an unlit taillight equate to a neon sign on your car inviting a police officer to pull you over. Remember, a police officer can legally justify a traffic stop based on an equipment violation even if the police officer subjectively intended to investigate some unrelated issue. Moving violations such as speeding or failing to use turn signals also serve to legally justify a traffic stop. Avoid giving the police a free pass to pull you over.

Notwithstanding your best efforts, you may nonetheless find yourself being pulled over by the police. Needless to say, do not attempt to flee as this will earn you a felony charge as well as a very excited and unfriendly police officer at the end of the chase. Your main goal should be to survive the traffic stop with your life and liberty intact. A traffic stop is a terrible time to be testing out new legal theories or arguing about constitutional law. You can resolve any disputes with the police officer in court at a later date.

The law is well settled that a police officer can order both the driver and any passengers out of the vehicle at a traffic stop. However, do not exit the vehicle until the police officer orders you to do so. If you are fortunate enough to have a passenger at your traffic stop, you should ask the passenger to carefully observe all events. Your passenger may be an important witness if events during the traffic stop deteriorate.

Although there are many different varieties of police officers, you should expect a police officer who is nervous and possibly excited. Do not give the police officer reasons to be suspicious. Do not engage in any quick or covert movements. You should place both of your hands in plain view on the steering wheel.

If there ever exists a good time to socialize with a police officer, a traffic stop is not one of them. You should attempt to end the traffic stop as quickly as possible. You have no constitutional right to a friendly or courteous police officer. Do not demand to know the reason for the traffic stop. Remain calm, polite and respectful at all times even if you have to fake it. You should immediately produce your license, vehicle registration and auto insurance upon request. Plan ahead by storing these items in an easily accessible place so you are not fumbling around trying to find them in front of the police officer. Such conduct is often interpreted as alcohol or drug impairment.

Use your common sense. You should quickly assess the police officer. There are some excellent public servant type police officers who I often refer to as "peace officers." On the other hand, there are those who revel in the overwhelming amount of power afforded to police officers who I refer to as "law enforcement officers." You must use extraordinary caution when dealing with the law enforcement officer as things can escalate very quickly.

Most police officers are honest; some are not. Unless you personally know the police officer, you should not assume you are interacting with an honest person. Because we live in a time when mere possession can be a serious crime, a dishonest police officer can rather easily cause an innocent person to be charged with serious felony offenses.

Constitutional rights exist, at least in theory, to protect the innocent. Do not give your rights away. If this is not obvious to you by now, please see my article entitled, "Don't Be Your Own Worst Enemy." I always advise against consenting to any search or talking to a police officer. During a traffic stop, you should communicate your refusals especially politely. Always keep your main goal in mind at a traffic stop.

If you simply cannot resist the urge to talk to a police officer, I suggest you read the back of my business card. This is a good way to document exactly what you said to the police officer. Do not simply hand the card to the officer. Remember, nobody can invoke your rights but you.

As a general rule, you should not volunteer information or answer any questions about having a weapon. Said another way, do not open a potential can of worms. However, if the police officer is about to discover the presence of a weapon, you should inform the police officer about all details of the weapon so as to avoid an accident. Also, if you have a concealed weapons permit, you must produce the permit upon the officer's request.

If you are asked to sign an affidavit of service, sign it. Failure to sign an affidavit of service will likely result in an unnecessary arrest. In such a case, the officer had discretion to arrest you, but decided against it. You cannot waive your right to trial at a traffic stop. Even if you disagree with the charge, being arrested for failure to sign an affidavit of service will not strengthen your case.

If you are arrested, do not resist. Resisting even an unlawful arrest can earn you a felony charge. Expect a search of your vehicle and your person upon arrest. You should request to call an attorney immediately. If you are given a choice, do not opt to have your vehicle towed. You should expect to see a judge within twenty four hours, and you should try to arrange for an attorney at that hearing.

Traffic stops are not pleasant. However, handled with the right amount of tact, many traffic stops will result in nothing more than a waste of your time. Even for the more significant traffic stops, fighting it out in court is always a better choice than haggling with a police officer who has the power, and maybe the inclination, to arrest you.

Russell B. Richelsoph: Driving under the influence in Arizona is a serious criminal offense. You could have to spend time in jail, pay thousands of dollars in fines, be forced to attend substance abuse classes, and lose your driving privileges. A DUI arrest is not a conviction! Don't accept a conviction without a fight. If you are charged with a DUI, you need an aggressive attorney who understands the complexities of DUI law and evidence.

Borelli Law Office: DUI's have been called the "crime of the century" by some. Extreme political climates and large amounts of lobbying money from MADD and other groups have led to strict, sometimes extreme laws regarding DUI. In Arizona all DUI's are a criminal offense and carry with them serious consequences ranging from jail time, fines and license suspension for misdemeanor DUI's to very lengthy prison sentences for Aggravated DUI�s. In the Phoenix - Mesa area prosecutors aggressively charge and fight to get convictions in DUI cases. An experienced DUI defense lawyer familiar with the prosecutors and courts in the Phoenix - Mesa area is vital in handling a DUI charge.

Mark Williams: Custody occurs when you are deprived of your freedom, or you believe you cannot leave. You may be taken into custody by force or by submission, but without custody, the arrest is invalid. Custody largely concerns the amount of time you are detained. Usually the longer the detention, the more likely it is that you have been arrested. A short stop is more likely to be considered an investigative detention rather than an arrest. This can make an important difference. Once a person is arrested, the police can thoroughly search him/her, including personal possessions. However, during a short investigative detention, the police can only do a limited patdown for weapons.

David Michael Cantor: The DUI charge, by itself, does not require a breath reading. It deals with suspicion of driving while under the influence, according to the manner of driving, physical and mental symptoms of impairment, or verbal admissions. The DWI charge does require that the accused have a BAC of .10% or greater "at the time of driving". Many defendants plead guilty if their breath or blood test is above a .10%. The ordinary citizen does not realize the test results only show their BAC at the time they were tested and NOT at the time they were actually behind the wheel. As it will be explained in the "Possible Defenses" section of this brochure, there is a way to mathematically calculate what your true BAC level was "at the time of driving". This math formula is known as a "retrograde extrapolation". If your BAC is found to be below a .10% "at the time of driving", this is a defense specifically authorized under A.R.S. Section 28-1381 (B).

Victor & Hall: Regarding the crime of driving under the influence of alcohol, the best advice is to have a designated driver. However, if you are the subject of a DUI investigation, you must be especially careful and thoughtful about what you say and do. In Arizona, a conviction for DUI guarantees a jail term. Arizona law does not require you to submit to roadside field sobriety tests. Although these tests may assist you to convince an officer you are not intoxicated, as a general rule, refusing to take the tests is the better choice. Keep in mind, it is the police officer who subjectively decides whether you passed or failed the tests. Deciding whether to submit to a blood, breath or urine test is a different matter altogether. If you refuse one of these tests, you will likely lose your driver's license for one year. You should consult an attorney before deciding to refuse or submit to one of these tests. DUI is a complex area of the criminal law. However, like other criminal charges, the decisions you make during your initial contact with a police officer can be the difference between conviction and acquittal.

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