Phoenix DUI Lawyers A-B
- Billar & Donald:
some key points to know are:
* Decline the officerÕs requests to conduct a field test, search your car, and answer questions, until you have agreed to speak with your attorney.
* Accept a breath, blood, or urine test; it is required under the Consent Law
* Get your blood retested, by a Phoenix area hospital or doctor, as soon as you are released.
* Make an appointment with the Motor Vehicle Division within 15 days to avoid losing you license.
Drunk driving is classified by the following degrees of charge under Phoenix drunk driving laws:
* Underage Driving Under the Influence
* Driving Under the Influence
+ First Offense Impaired to the Slightest Degree or a BAC above .080
+ Second Offense Impaired to the Slightest Degree or a BAC above .080
* Driving Under the Influence with Blood Alcohol Concentration (BAC) of .15
+ First Offense (BAC .150 - .199)
+ Second Offense (BAC .150 - .199)
* Extreme Penalties, added September,26 2008
+ First Offense Extreme DUI (BAC .200 or higher)
+ Second Offense Extreme DUI (BAC .200 or higher)
* Aggravated Driving Under the Influence
+ Class 4 Felony is a 3rd DUI within 7 Years or a DUI with a Suspended or Restricted license.
+ Class 6 Felony with a child under 15 years old in vehicle.
How is your BAC determined?
Your BAC level rises about .025% for each alcoholic drink consumed. The percent itself is based on your weight, sex, and the speed at which your body processes alcohol. All devices have an error factor, relative to the type of test. The Arizona prosecution does not have to prove you had a .08%; only that your ability to drive is impaired.
Phoenix DUI offender penalties depend on the level of the charge and your prior record, which is held against you for up to seven years. They range from:
* Mandatory Jail time
* Ignition Interlock
* Heavy fines, surcharges, and assessment fees
* Electronic Monitored House Arrest
* License suspension
* Alcohol screening, education, and counseling
* Automobile Impoundment
* Probation supervision with treatment, under Maricopa DUI Court for up to five years.
This court can impose
* Jail time for a weekend
* Community service hours
* Curfews
* Attendance at probation violation court hearings
- Allen, Tyler:
Driving Under the Influence/Driving While Intoxicated
Arizona has some of the toughest DUI laws in the country. There are several levels of DUI charges: Impaired to the Slightest Degree, Regular DUI, Extreme DUI, Aggravated DUI and Super DUI. It may seem like you don't have anything to fight if you were stopped and blew over .08 and arrested for DUI. However, several questions need to be asked:
*
Did the police officer have cause to stop you?
*
Did the officer have cause to ask you to submit to a field sobriety test?
*
Are there other reasons you may not have ÒpassedÓ a field sobriety test?
*
Did the officer gather all evidence properly?
*
Were all tests administered according to correct procedure?
Arizona DUI Penalties: A List of the Mandatory Minimums and Sentence Ranges
In Arizona, the penalties for a DUI conviction depend on the type of DUI that was charged, and on the Defendant's criminal record. A previous DUI counts as a prior for the purposes of Sentencing if it occurred within 7 years of the current arrest.
NOTE: The sentence guidelines below presuppose a completely clean felony record. Historical priors may significantly enhance any felony sentence. Counseling, probation, community service, MADD panel, and installation of an Ignition Interlock Device are also likely penalties at sentencing.
First Offense Impaired to the Slightest Degree or BAC above .080
Jail: Range of 10 to 180 days in jail. Minimum of 10 consecutive days in jail. The court may suspend 9 of the 10 days if you agree to get an alcohol and/or drug evaluation, and submit to treatment.
Fines & Costs:
Approximatey $1,800.00, plus jail costs. The more jail time that is imposed, the greater the cost.
License:
The MVD will suspend your drivers' license for 90 days. You may be elibible for a work/school permit after the first 30 days of the suspension.
Second Offense Impaired to the Slightest Degree or BAC above .080
Jail: Range of 90 to 180 days in jail. Minimum of 90 consecutive days in jail. The court may suspend 60 of the 90 days in jail if you successfully complete all recommended treatment and counseling.
Fines & Costs: Approximately $3,500.00 in fines and costs, plus jail costs. The more jail time imposed the greater the additional costs. NOTE: Jail costs can amount to thousands of dollars in addition to the fines and costs.
License: Your drivers' license will be revoked for one year. Reinstatement of license is not automatic. You are not eligible for a work permit during the period of revocation.
First Offense Extreme DUI (BAC .150 - .199)
Jail: Range of 30 to 180 days in jail. Minimum of 30 consecutive days in jail. The Court may suspend 20 of the 30 days if you successfully complete all recommended counseling and education.
Fines & Costs: Approximately $3,000.00 in fines and costs, plus jail costs. The more jail time imposed the greater the additional costs. NOTE: Jail costs can amount to thousands of dollars in addition to the fines and costs.
License: The MVD will suspend your drivers' license for 90 days. You may be eligible for a work/school permit after the first 30 days of the suspension.
Second Offense Extreme DUI (BAC .150 - .199)
Jail: Range of 120 to 180 days in jail. Minimum of 120 consecutive days in jail. The Court may suspend 60 of the 120 days if you agree to get an alcohol and/or drug evaluation, and submit to treatment.
Fines & Costs: Minimum of approximately $3.750.00 in fines and costs, plus jail costs. The more jail time imposed the greater the additional costs. NOTE: Jail costs can amount to thousands of dollars in addition to the fines and costs.
License: Your drivers' license will be revoked for one year. Reinstatement of license is not automatic. You are not eligible for a work permit during the period of revocation.
First Offense "Super Extreme" DUI (BAC .200 or higher)
Jail: Range of 45 to 180 days in jail. Minimum of 45 consecutive days in jail (this is not a typo!). The court is not allowed to suspend ANY of the minimum 45 consecutive days in jail.
Fines & Costs: Approximately $3,250.00 in fines and costs, plus jail costs. The more jail time imposed the greater the additional costs. NOTE: Jail costs can amount to thousands of dollars in addition to the fines and costs.
License: The MVD will suspend your drivers' license for 90 days. You may be elibible for a work/school permit after the first 30 days of the suspension.
Second Offense "Super Extreme "Extreme DUI (BAC .200 or higher)
Jail: 180 days flat sentence mandatory (no sentence range)**. That means that if convicted of this offense, the Judge has no choice but to sentence you to 180 days in jail. Of the 180 day sentence, 90 days must be served consecutively, presumably leaving another 90 days to be served on a non-consecutive basis.
Fines & Costs: Minimum of aproximately $4,000.00 in fines and costs, plus jail costs (which can add up to around $18,000.00 additional). The more jail time imposed the greater the additional costs. NOTE: Jail costs can amount to thousands of dollars in addition to the fines and costs. Some courts have strict policies against waiving the jail costs, so for a 2nd offense Super Extreme you could end up owing the court in excess of $22,000.00 if you are convicted!
License: Your drivers' license will be revoked for one year. Reinstatement of license is not automatic. You are not eligible for a work permit during the period of revocation.
Class 4 Felony Aggravated DUI (3rd DUI w/i 7 Years or DUI w/ License Suspended or Restricted)
Jail: 4 months in prison at a minimum before you are eligible for probation, pardon, commutation or suspension of the sentence, or release on any other basis. If you were driving a vehicle you owned at the time of the DUI arrest that led to your conviction, the Court may take your vehicle as well.
Fines & Costs: Up to $150,000.00 in fines, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund. (Plus an additional $1,500.00 assessment for arrests after March 13, 2004).
License: Your drivers' license will be revoked for three year
Class 6 Felony Aggravated DUI (w/ a child under 15 years old in vehicle)
Jail: A person convicted under this section will have to serve at least the minimum sentences for the misdemeanor DUIs described above if the offense would have been a misdemeanor but for the presence of the minor child. If you were driving a vehicle you owned at the time of the DUI arrest that led to your conviction, the Court may take your vehicle as well.
Fines & Costs: Up to $150,000.00 in fines, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund. (Plus an additional $1,500.00 assessment for arrests after March 13, 2004).
License: Your drivers' license will be revoked for three years
- Breger, Kevin:
Your approach to a DUI case and selection of counsel should not be taken lightly!
DUI in Arizona is committed when one is driving a vehicle or in physical control of a vehicle under any of the following circumstances:
* DUI in Arizona is committed while under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance, or any combination of liquor, drugs or vapor-releasing substances if the person is impaired to the slightest degree.
* DUI in Arizona is committed If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.
* DUI is committed in Arizona while there is any illegal or intoxicating drug or its metabolite in the person's body.
* DUI is committed in Arizona if the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license as defined in A.R.S Section 28-3001 and the person has an alcohol concentration of 0.04 or more.
- Skeens & Anderson:
* DUI
* Traffic offenses
* Property offenses, including theft, burglary, and breaking and entering
* Drug offenses from possession to cultivation to trafficking of OxyContin, ecstasy, marijuana, prescription drugs and other controlled substances
* Juvenile offenses such as underage drinking, DUI, robbery, rape, assaults and gun charges
- Alldredge, Bruce:
to protect your rights. Before you talk to anyone, Contact us first. Our area of practice is Criminal Defense which includes minor traffic offenses and driving under the influence cases.
- Alcantar & Associates:
A DUI charge can result in serious penalties, including fines and jail time. When you are arrested for driving under the influence or drinking and driving, you may not know where to start.
Most people who are arrested either failed the breathalyzer or a blood test. A failed test does not mean the end to your defense though. There can be errors in the collection of blood or the way the breathalyzer test was done.
- Allen,Tunac & Coughlon:
* Violent crimes
* Orders of protection
* Driving under the influence or driving while intoxicated (DUI/DWI)
* Traffic violations
* White-collar crimes
* Fraud
- Beresky & Fish:
What Level of Arizona Drunk Driving Offense Have You Been Charged With?
Arizona has four basic categories of DUI/DWI charges:
* The basic DUI offense (misdemeanor) Ñimpaired by alcohol "to the slightest degree"
* DUI (misdemeanor) Ñ .08 blood alcohol content measured within two hours of driving
* Extreme/Super Extreme DUI (misdemeanor) Ñ .15 blood-alcohol content measured within two hours of driving (extreme DUI also has a sentence enhancement known as the "super extreme DUI" for drivers who have a .20 blood-alcohol content measured within two hours of driving)
* Aggravated DUI (felony) Ñ drunk driving on a suspended, revoked or cancelled license; drunk driving with a minor under 16 years of age in the car; drunk driving with at least two previous DUI convictions in the last seven years
- Aguilar Law Firm:
* DUI and ADOT license revocation
* Drug possession including marijuana and cocaine
* Drug trafficking and conspiracy
* Illegal immigration
* Traffic offenses, including hit and run, extreme speeding, vehicular manslaughter, careless and reckless driving
* Robbery and theft
* Probation violations
- Benchoff, Michael:
Criminal Law
White Collar and Major Felonies
- Beresky & Fish:
What Level of Arizona Drunk Driving Offense Have You Been Charged With?
Arizona has four basic categories of DUI/DWI charges:
* The basic DUI offense (misdemeanor) Ñimpaired by alcohol "to the slightest degree"
* DUI (misdemeanor) Ñ .08 blood alcohol content measured within two hours of driving
* Extreme/Super Extreme DUI (misdemeanor) Ñ .15 blood-alcohol content measured within two hours of driving (extreme DUI also has a sentence enhancement known as the "super extreme DUI" for drivers who have a .20 blood-alcohol content measured within two hours of driving)
* Aggravated DUI (felony) Ñ drunk driving on a suspended, revoked or cancelled license; drunk driving with a minor under 16 years of age in the car; drunk driving with at least two previous DUI convictions in the last seven years
- Billar & Donald:
Although most DUI (driving under the influence) charges in Arizona are classified as misdemeanors, all DUI charges are serious and a conviction can have consequences Ñ court costs, fines, attorney fees, jail time, the loss of your license and increased insurance rates Ñ that you'd rather avoid.
By hiring a lawyer to defend against the charges, you give yourself a chance to minimize or avoid consequences altogether. What do you have to lose? A lot.
- Andersen, Mark:
Chances are if you are looking at this page you, or someone you know, has just had their first contact with the criminal justice system. Whether you were taken into custody, or issued a summons to appear, you are now entering a strange world of the unknown. Are you forever to be branded a criminal? Will you lose your job? Will you go to jail or worse yet prison?
- Alex & Gaxiola:
Arizona DUI penalties, 1st offense:
Under Arizona DUI/drunk driving law, a regular first offense for driving under the influence of any illegal drug (drugged driving) or for driving with blood alcohol content (BAC) of .08 or more can result in serious penalties. At a minimum you will spend 24 hours in jail and pay $1,540 in fines and costs. A conviction for a first-offense drunk driving charge can result in:
- Up to 6 months in jail
- Up to 5 years probation
- Up to $5,000 in fines
- Jail costs up to $10,800
- Required classes
- Restitution
- Emergency costs
- Restitution
- Victims' Panel
- License suspension or revocation
Arizona DUI penalties, 2nd offense:
If within seven years of your DUI arrest you were convicted of driving under the influence, the penalties are much more severe. It is extremely important to take every measure to avoid a conviction for a 1st drunk driving or DUI charge, so you are not exposed unnecessarily exposed to these enhanced penalties:
- 1 to 6 months in jail
- 2 months suspended jail time and up to 5 years probation
- $5,230 - $15,800 in fines and costs
- 30 hours of community service
- Ignition interlock for at least 1 year after the end of license suspension or revocation
- Amiri Law Office:
DUI--DWI
DRIVING UNDER THE EXTREME INFLUENCE OF ALCOHOL WITH AN
ALCOHOL CONCENTRATION OF .15 OR HIGHER WITHIN TWO HOURS
The minimum statutory sentence on a first time charge of Driving Under the Extreme Influence of Alcohol is the following:
- 30 days in jail; up to 20 days may be suspended upon successful completion of the alcohol screening and treatment program
- Alcohol/drug screening evaluation and treatment/education as ordered by the Court
- $250.00 fine plus surcharges
- Motor vehicle department will assess points against your driver's license and may require Traffic Survival School
- Motor vehicle department will suspend your privilege to drive either through the Admin Per Se/Implied Consent process or because of the D.U.I. conviction
- $1000.00 Arizona Prison Construction fine
- $1000.00 Department of Public Safety fine
- You may be required to pay jail costs
- $250.00 D.U.I. abatement fund fee
- You will be required to install an interlock device in your vehicle for one year after your license is reinstated
- Up to 5 years probation.
NOTE: EFFECTIVE 9/19/07, THE JUDGE CAN NO LONGER SUSPEND ANY JAIL. IF YOU ARE CONVICTED OF THIS OFFENSE AND YOUR BLOOD/BREATH ALCOHOL IS OVER A .15 BUT BELOW A .20 YOU WILL HAVE TO SERVE A 30 DAYS IN JAIL. IF YOUR BLOOD/BREATH ALCOHOL IS OVER A .20 YOU WILL HAVE TO SERVE 45 DAYS IN JAIL AND PAY AN ADDITIONAL $500 FEE AND THE INTERLOCK IS REQUIRED FOR 18 MONTHS.
- Marc Adair: Officers
employvarious methods of analysis to determine sobriety,including
requiringsuspects to walk a straight line, touchtheir nose, recitetheir
home address and submit to blood, urine or breath analyses. However,
the debate continues as to whether police officers should be permitted
to determine a suspect's intoxication. Proponents of officer testing
argue that due to the epidemic nature of alcohol-related highway
dangers, officer testing is necessary and sufficiently reliable.
- Caroline Aeed: A single
misdemeanor, could impact your career, family, and additional contact
with the criminal justice system. Not only could it increase the level
of seriousness of an additional crime, it will influence potential plea
agreements, a Judges decision on your bond, amount of jail time, terms
of probation, and ultimate disposition. If you have a professional
license, you may face revocation.
- Alcock & Associates:
a typical DUI timeline includes:
- Traffic stop, DUI investigation, arrest, blood alcohol test administration.
- First court date for an arraignment (date is on
the ticket). If you hire a DUI defense lawyer, you may not need to be
there. If you plead "not guilty," you preserve the right to a jury
trial, the right to confront the arresting officer, and the right to
negotiate a plea. If you plead "guilty," you waive those rights.
- Second court date for a pretrial conference. This
is an opportunity to get documents from the prosecutor, file pretrial
motions, negotiate, and enter changes of plea. If you do accept a plea
or if your case is not dismissed, the court will eventually set your
matter for trial.
- Trial management conference. Shortly before the
DUI trial, the judge will schedule a final management conference to
discuss all pretrial motions and to ensure that the parties are ready
to proceed to trial.
- Trial. A DUI trial typically lasts one or two
days. You have the right to a jury trial, or you can waive your right
and have the trial in front of the judge. An experienced criminal
defense attorney can help you with the decision to proceed with a jury
or bench trial
- Sentencing (in the event of a guilty plea or judgment.) An experienced DUI defense lawyer ... can help you understand your options.
The maximum penalty for a first-time DUI is a $2,500 fine and six
months in jail. While technically possible, such a sentence is almost
never imposed for a first-time DUI when no children are in the car and
there is no accident or reckless driving.
- Baker Law Firm:
Being arrested or being indicted by a grand jury is perhaps one of the most difficult and life altering situations any citizen of Arizona or any human being can go through during life. Indeed, the very cornerstone of what America is perhaps most acutely about, individual freedom, is or can be taken away.
- Melanie E.
Beauchamp: Melanie has extensive trial experience with driving
under the influence charges.
- Blischak Law:
... give honest answers to all questions and likewise charge honest fees.
- James Blomo:
Conviction is NOT inevitable!
- Blumberg & Associates:
A cultural stigma has become associated with drunk driving that was not
present in our society even a decade ago. Public perception categorizes
people charged with drunk driving as criminals, even before they have
been convicted of any crime. Being arrested for drunk driving, driving
under the influence (DUI), or driving while intoxicated (DWI) can be an
unsettling proposition, to say the least.
- Blumenreich Law Firm:
The government has prosecutors specially trained in negotiating pleas and taking criminal charges to trial.
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