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Phoenix DUI Lawyers C-H

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• Matthew Green: Police officers should not be taking blood samples from those accused of DUIÑever. The United States Supreme Court has warned local police departments not to allow their officers to do so, but many Arizona law enforcement agencies have disregarded these orders. Today, these police departments authorize their officers, the vast majority of whom have inadequate training, to perform the invasive medical procedure of drawing blood. More disturbing is the fact that the police officers typically draw blood outside of medical or clinical environments.
• Ted Crews: The practice of criminal defense involves many things. First the evidence must be evaluated and further investigated. Next, defenses are explored and decided upon. Throughout the case, motion practice is used to try to avoid trial while still achieving a successful resolution.
• Dessaules & Harper: In DUI cases, the incidence of bad stops is higher than you might think. ... If you have been charged with drunk driving, you need to be prepared before you appear before a judge.
• Otilia Diaz: The Fourth Amendment prohibition against "unreasonable searches and seizures" generally requires police officers to obtain a warrant based on probable cause. The warrant must meet certain requirements, including "particularly describing the place to be searched, and the persons or things to be seized." However, in the notable 1968 case of Terry v. Ohio, the U.S. Supreme Court established an exception to the warrant requirement for investigative detentions based on less than probable cause, where a police officer has "reasonable suspicion" of criminal activity. On January 24, 2005, the Court effectively broadened the scope of the principles set forth in Terry and its progeny in Illinois v. Caballes, upholding the constitutionality of using a drug-detection dog to locate contraband in a person's car based on less than probable cause during a lawful traffic stop. In allowing officers to call for the assistance of a canine unit during a lawful traffic stop for a minor traffic violation, even when the officer has no reason to suspect that the vehicle contains drugs, the effects of this ruling are potentially significant.
• Doerfler:

  Arizona has some of the toughest DUI/DWI laws in the Country. On a first offense of simple DUI, you are facing up to six months in jail, a fine up to $2,500, court ordered substance abuse counseling, and a minimum sentence of 10 days and thousands of dollars in fines. Your license will be suspended for at least 90 days, and could be suspended up to one year. The legal limit has been lowered to .08, which for most people is only between one and three drinks. To be found guilty, all the prosecutor has to show is that you were driving, and that your "BAC" was at least .08. It doesn't even matter if you didn't feel impaired.

  On a second offense, you get all the same penalties, except the minimum jail term is now 30 days, your license is revoked for a year, and you will be required to use an ignition interlock (a device that prevents your car from starting if you have alcohol in your system). A third offense is usually a felony, with four months in prison as a minimum sentence. Causing an accident while impaired may lead to felony assault or murder charges, both of which carry stiff prison sentences.

• Donaldson & Associates: Whether you have been charged with drug offenses, marijuana possession, theft, or driving under the influence, our Arizona criminal law firm will ensure all resources are utilized in defending against the charges. When appropriate, we will challenge search and seizure and probable cause as well as file motions to dismiss any illegally obtained evidence.
• Mark DuBiel: The Arizona legislature passed this law designed to punish repeat DUI offenders or those convicted DUI offenders driving on a suspended license with a Class 4 Felony. In addition to providing all the elements of a DUI, the government must prove that an individual is either (a) guilty of a 3rd DUI in a 5-year period, or (b) is driving on a suspended license. In regards to (b), the State must prove beyond a reasonable doubt that the individual's license was suspended and they knew or should have known of the suspension. The possible punishment for an Aggravated DUI ranges anywhere from supervised probation with a minimum, mandatory 4-month prison sentence as a condition of probation to 3.75 years in the Department of Corrections. If a person has multiple prior felony convictions, the government can seek to punish them with up to 15 years in prison. Additionally, the individual faces a mandatory license revocation.
• Sonja Duckstein: Why am I charged with two (or more) D.U.I.s? The State of Arizona loves to get convictions however they can. What this means when it comes to D.U.I. charges, is the State will charge you with Driving While Under the Influence, requiring the State to prove that your ability to drive was impaired to the slightest degree. The second charge will commonly be Driving While Intoxicated, otherwise known as being above a .08 alcohol concentration within two hours of driving. If your alcohol reading happens to be above a .15, the State can now charge you with Extreme D.U.I. Why am I charged with a felony D.U.I.? A felony D.U.I. can be charged one of two ways: First, if you have two or more misdemeanor D.U.I. convictions within the past five years, or second, if you are charged with a D.U.I. while your license is suspended, canceled, or revoked. 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. ¥ First D.U.I. Conviction - The minimum penalty is 10 days in jail, 9 days can be suspended upon successful completion of alcohol screening and recommended treatment, and a fine of $250.00 plus a 80% surcharge. After March 1, 2004, an additional fee of $500.00 will also be assessed. Additionally, your driver's license will be suspended for 90 days. ¥ Second D.U.I. Conviction - (within 5 years of first conviction) the minimum penalty is 90 days in jail, 60 suspended upon successful completion of alcohol screening and treatment, and a $500.00 fine plus a 80% surcharge. After March 1, 2004, an additional fee of $1250.00 will also be assessed. Additionally, Motor Vehicle will revoke your license for 1 year. Subsequent to the revocation, an ignition interlock device must be installed on your vehicle for a period of one year. ¥ Extreme D.U.I. - The minimum penalty is 30 days in jail, 20 days can be suspended upon successful completion of alcohol screening and treatment, a $500.00 fine plus a 80% surcharge. After March 1, 2004, an additional fee of $1000.00 will also be assessed. An ignition interlock device must be installed on your vehicle for a period of one year. ¥ Second Extreme D.U.I.Ê- the minimum penalty is 120 days in jail, 60 days can be suspended upon successful completion of alcohol screening and treatment, and a $750.00 fine plus an 80%surcharge. After March 1, 2004, an additional fee of $1250.00 will also be assessed. Additionally, Motor Vehicle will revoke your license for 1 year. Subsequent to the revocation, an ignition interlock device must be installed on your vehicle for a period of one year. ¥ Aggravated/Felony D.U.I. - The minimum penalty is 4 months in the Department of Corrections (Yes, this means prison). If you go to prison, you cannot participate in a work furlough program; all of your time must be served in prison. After March 1, 2004, a $750.00 fine plus an 80%surcharge, and an additional fee of $1500.00 will also be assessed. Additionally, your license will be revoked for three years. Subsequent to the revocation, an ignition interlock device must be installed on your vehicle for a period of one year. 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 a D.U.I.? ¥ Do not answer questions. You have a constitutional right to remain silent. ¥ Do not agree to take field sobriety test (including the eye test- otherwise known as the Horizontal Gaze Nustagmus). There is no consequence for refusing this test. ¥ Do not agree to take a breath, blood or urine test prior to speaking with an attorney. If you cannot contact an attorney it may be wise to consent to the test, as Arizona Law requires you do so, or your driver's license will be revoked for one year.
• John Gaertner: An experienced attorney can do many things to challenge and disprove the evidence against the accused.
• Richard Gerry: In order to determine if the good faith exception will protect an otherwise improper search from the consequences of the exclusionary rule, the following question must be asked: could a "reasonably well trained police officer...have believed that there existed probable cause" to conduct the search? If the answer is "yes," the good faith exception will usually permit the admission of recovered evidence despite a Fourth Amendment violation. In states that apply the good faith exception, illegal searches that arise out of the following circumstances maintain their illegal character, i.e., are not deemed appropriate by the good faith exception: The affidavit in support of the warrant contained intentional misrepresentations The warrant was issued in disregard for judicial obligations The warrant was so lacking in probable cause that no official could find it reasonable The warrant was deficient on its face The warrant was improperly executed
  • Review the calibration and maintenance records of the machine used to test blood alcohol level. It is falsely believed that these machines are infallible. People forget that these machines are made of up of metal, plastic, and silicon. To believe that they always work, every time, is like believing your car will never break down. Machines don't always work properly.
  • File pretrial motions to suppress the evidence. These motions, when argued successfully, almost always result in the DUI/DWI case being dismissed.
  • Retest the blood by a private lab.
  • Hire an analyst to determine if the driver's blood alcohol concentration (BAC) was rising. This defense may prove that the driver's blood was actually less than Arizona's legal limit at the time of driving.
  • Photograph the scene the arrest. This may be helpful in showing that the ground was not level when the driver was performing the field coordination tests.
  • Effectively cross-examine the officer to expose mistakes and inaccuracies in the gathering of evidence.
• Greene, Moneyette: Please seek professional advice before making any decisions regarding your legal matter.
• Craig Gillespie: "D.U.I." means "Driving Under the Influence" of intoxicating liquor (or drugs). A.R.S. Section 28-1381(A)(1). The D.U.I. charge involves a law enforcement officer's subjective suspicion the DUI suspect's ability to drive is impaired...
• Olin Hale: An experienced lawyer can help you understand the D.U.I. charges and all of the issues involved. Driving While Under the Influence of Intoxicating Liquor or drugs can be abbreviated as either D.U.I. or D.W.I. and we refer to the offense in this website as "D.U.I.". D.U.I. is a serious offense that requires a mandatory jail sentence upon conviction and a mandatory driver's license suspension. Generally, when a defendant is arrested for D.U.I. they face two separate proceedings: (1) a criminal case in court and (2) a civil administrative case with the Department of Motor Vehicles. There are several different types of D.U.I. offenses and prior D.U.I. convictions substantially increase the penalties. As a result, it is very important that you understand D.U.I. law the first time you are arrested and do what you can to avoid or minimize the damage on this offense as well as avoiding future arrests. D.U.I. is one of the most common crimes people hire an attorney to defend. It seems like every year there are new harsher D.U.I. laws and the penalties get more serious all the time. There is a substantial amount of Arizona case law on D.U.I. and there have been numerous legal challenges. Last year, the breath tests were suppressed on more than 1,000 cases in the Phoenix City Court as a result of defense attorney challenges. All cases are different and each must be evaluated on its own merits because the statutes and case law are constantly changing and there are many new areas to challenge and fight all the time. Whatever you do, please do not plead guilty without having your case reviewed by an experienced D.U.I. attorney. An experienced attorney can help you determine what, if any, defenses you have to your D.U.I. case or your defenses to the related motor vehicle driver's license suspension. You have a right to demand a trial by jury on a D.U.I. case and you also have a right to request a hearing at the Motor Vehicle Division. An attorney can represent you in both the criminal courts and at the motor vehicle division. D.U.I. & D.W.I. defense is a specialized area of law. It is very important that you have an attorney experienced in this area. Because of our experience, we understand what you are going through and we know how to get results. In Arizona, D.U.I. or D.W.I. is Driving While Under the Influence of Intoxicating Liquor or Drugs. The charge, we call it D.U.I., requires the operation of a motor vehicle while your ability to drive is impaired or while your blood or breath alcohol concentration exceeds the statutory limit. Driving While Under the Influence can be called "D.U.I." or "D.W.I." and there is no difference between the terms. The Driving While Under the Influence charge can be proven by a violation of either of the following Arizona Revised Statues (1) 28-1381(A)(1), or (2) 28-1381(A)(2), or (3) 28-1382(A)(3), or (4) 28-1382(A)(4). In order to violate A.R.S. 28-1381(A)(1) a person must drive or be in actual physical control of a motor vehicle while their ability to drive is impaired by the slighted degree by alcohol, drugs or any combination of the above. This is known as the "A1" charge and there are many factors that can be taken into consideration in evaluating or defending this charge.
• Phil Hineman: Most states require a mandatory one-night stay on the first offense. In addition, most second offenses within five years, results in a mandatory 30 day jail term and a third offense usually results in a sentence of no less than ninety days. Furthermore, your insurance company may discontinue its coverage or at the very least, assign you to a high-risk category, resulting in a substantial increase in your
• Hoidal & Hannah: Vehicle Searches Under the Automobile Exception The Fourth Amendment protects individuals from unreasonable searches and seizures conducted by law enforcement officers. Generally, before law enforcement officers may conduct searches or seizures, they must obtain a validly issued warrant based on probable cause. However, over the years, the U.S. Supreme Court has carved out numerous exceptions to this general rule, allowing specific circumstances that dictate the degree of protection actually afforded. For instance, the protection against unlawful searches of homes or other buildings differs from the protections afforded to vehicle searches, since vehicles are mobile. If the law were to impose the same warrant requirements for vehicles as it does for homes or buildings, there would be a heightened risk of losing evidence due to vehicle mobility. Such a requirement would delay searches, possibly for a period of time sufficient to permit the suspect to drive away and hide the vehicle and any contraband located inside the vehicle. Consequently, law enforcement agencies are permitted to conduct vehicle searches without a warrant as long as certain requirements are met.There is also a strong policy for permitting warrantless vehicle searches due to existing government regulation of vehicles.
• Horan Law Offices: The U.S. Supreme Court has generally interpreted the Fourth Amendment prohibition against "unreasonable searches and seizures" to impose a warrant requirement upon police officers who wish to perform a valid search or arrest. However, the Court has carved out some exceptions to the warrant requirement, which make certain "seizures" constitutionally permissible in the absence of a warrant. One exception that the Court has recognized is for investigative detentions based on less than probable cause. In 1968, the Court established a notable exception to the warrant requirement in Terry v. Ohio for investigative detentions based on less than probable cause (i.e., sufficient reason based on known facts to believe a crime has been committed).