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Phoenix DUI Lawyers L

1. Zielinske, Richard: 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) - impaired by alcohol "to the slightest degree" * DUI (misdemeanor) - .08 blood alcohol content measured within two hours of driving * Extreme/Super Extreme DUI (misdemeanor) - .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) - 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
2. Ballecer & Segal: Criminal Law Misdemeanor Felony DUI Assault/Domestic Violence Drug Offenses Theft Forgery Sex Crimes Appeals
3. Terribile, Michael: Homicides, and Death Penalty Cases Drug crimes Sex Crimes Assault and Domestic Violence Burglary Theft Fraud White Collar Crimes Robbery Kidnapping
4. Maldonado, Edward: felony and misdemeanor offenses
5. Thompson, Joel: Criminal Defense
6. Black, David: How do you prove a DUI? There are several types of DUI. These include DUI for begin impaired to the slightest degree; DUI for having a blood alcohol concentration above the legal limit; and DUI for having drugs in your system; as well as many other types, such as aggravated class four and six felony DUI, not covered in this article. The basic DUI arrested consists of the following elements, which a Phoenix DUI lawyer can explain: Other Practice Areas Vehicular Assault Burglary ID Theft Internet Crimes Criminal Appeals Manslaughter Vehicular Homicide Murder Credit Card Fraud Mortgage fraud Corruption Parole Probation Stalking Harassment Drunk driving DWI Family violence Domestic Abuse Theft Lawyer Homicide Attorney Domestic Violence Drugs Federal All Practice Areas The person is driving a vehicle or is in control of a vehicle, and is under the influence of alcohol or drugs and is impaired to the slightest degree. Please see A.R.S. 28-1381(A)(1), (B); or The person has driven or been in control of a motor vehicle and has a blood alcohol concentration of greater than .08 within two hours of driving. Please see 28-1381(A)(2); or The person drives or is in control of a vehicle with a non-prescribed drug or its metabolite in his or her system. Please see 28-1381 (A)(3), (D). Here we have the three most basic forms of DUI, commonly referred to as "A1", "A2", and "A3". Each of these DUI's has one common element: the person must drive or be in actual physical control of a motor vehicle. Case law is slim on what it means to be driving, for that is a common term and is easily defined as operating a vehicle in motion. Actual physical control is more difficult. Here, questions are raised as to whether the potential driver had the keys in the ignition, the car in drive, the transmission in gear; etc.; or whether he or she was simply, for example, seeking shelter in a car, not actually controlling it or ready to operate it as a motor vehicle. The state needs to prove, beyond a reasonable doubt, that a vehicle was either being driven, or was in a potential driver's "actually physical control." As of the date of this writing, there is no bright line test for APC, just a totality of the circumstances view. Phoenix DUI Defense Lawyer The (A)(1) DUI sounds like it is the easiest to prove: impaired to the slightest degree? One or two drinks, right? Not true. As a general rule, if a prosecutor does not think he can win the (A)(2) or (3) count (prove the existence of drugs or illegal amounts of alcohol), he will not proceed to trial just on the (A)(1). It is my opinion that if juries really understood the law, that wouldn't be the case. However, it appears juries do not want to convicted on "slightest degree" alone; however, there are plenty of exceptions. Because the (A)(1) conviction is usually a bi-product of the (A)(2), most defense lawyer and attorney work is done trying to rebuff the (A)(2) allegation. This is generally done by examining closely the relevant chemical tests to determine if they were conducted properly, etc.; to make sure the law was followed; and to make sure all of the state's evidence is admissible at trial. Why two hours after? A driver used to be able to claim that at the time of driving, his blood alcohol was below the limit, and only after driving and being tested by the police did his blood alcohol rise to illegal limits. Some DUI attorneys refer to this as the "rising alcohol defense." Johnny took six shots of vodka at 1:00am, and at 1:02 he was pulled over. In those two minutes, his blood alcohol had not risen to illegal limits (most of it was still just beginning to become absorbed). Therefore, acquit. No more Š now there are up to two hours after driving for which a driver, who has not subsequently consumed alcohol, can had his blood tested and be convicted. The (A)(3) is relatively bogus, to use a very non-legal term. Smoke pot on day 1, drive on day 16, you are likely guilty of (A)(3) DUI. Moreover, your license will be suspended nine months longer than (A)(1) and (2), and, ridiculous as it may be, you will be required to obtain an ignition interlock.
7. 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.
8. Wroblewski, David: Everyone makes poor decisions, and for some, driving under the infuence in Arizona is one of them.
9. Richards & Hall: Assault and Battery Burglary Drunk Driving/ DUI Drugs and Narcotics Charges Shoplifting Trespass Car Theft White Collar Crimes Domestic Violence Felony Crimes Homicide Misdemeanors Sex Crimes Traffic Offenses
10. Benedetto Torgenson: charges ranging from serious white collar criminal matters like fraud/embezzlement and money laundering to simple misdemeanor cases like DUI/DWI and drug possession
11. Redpath Law: CRIMINAL LAW DUI/DWI-Extreme-Super Extreme Violent Crimes-Drug Offenses Homicides-Sex Crimes Assaults-Motor Vehicle Crimes
12. 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 DUIÕs.  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.
13. Horan Law Offices: People make two common mistakes when they are charged with a DUI. First, they assume that drunk driving is not a serious charge. Second, they assume that they have no defense because they blew a .08 or higher on the breath test. Both assumptions are wrong. Driving under the influence (DUI) is a serious criminal charge that can result in jail time, probation, court fines and other serious penalties. If convicted, you will have a criminal record that could cost you your job and impair your future employment opportunities. Although prosecutors have some advantages in DUI cases, experienced DUI defense attorneys can raise a vigorous defense on your behalf.
14. Wallin, Stephen: DUI „ Personal Injury „ UCMJ „ Reservist Rights „ Criminal Defense
15. Davis, Marvin: DUI LAW: What are the penalties for an Arizona DUI conviction? Arizona has some of the toughest DUI laws in the country. In Arizona, some of the possible consequences for a DUI conviction are: (1) a mandatory jail or prison term; (2) probation or parole; (3) loss of your driver's license; (4) mandatory installation of an ignition interlock device; (5) loss of automobile insurance or SR22 insurance; (6) court-mandated driving school; and (7) fines. What should you do if you are an out-of-state visitor and you are arrested for DUI? It is extremely common that someone who is visiting Arizona from another state is arrested for DUI. Our firm handles many such cases. On a clientÕs request, we make every effort to have you appear telephonically with both the court and the Department of Motor Vehicles. An Arizona DUI may affect your driving privileges in the state you reside in. Consequenses vary by state. In addition, depending on the court in which your DUI is being prosecuted and the facts of the case, you may be able to resolve your DUI without retuning to Arizona. What happens in Arizona if you refuse to take a blood or breath test? If you refuse any type of chemical test that would determine your blood-alcohol concentration, your driverÕs license will be taken away for at least one year. Moreover, most officers, after your refusal, will then obtain a search warrant and take your blood. If you are asked to take a field sobriety test by a police officer, can you refuse? Yes. In Arizona, field sobriety tests (such as eye tests, one-leg stand, walk and turn, finger-to-nose tests, etc.) are voluntary. Do you have the right to an attorney before a police officer asks you to take a field sobriety test? No. Arizona Courts have ruled that you have no right to counsel until you are placed under arrest. The officer is asking you to perform field sobriety tests in order to gather more evidence against you. In most circumstances, we recommend that you refuse the test and ask to speak with an attorney. If a police officer asks me if I have been drinking alcohol, do I have to answer him? No. The answer to this question could be used as evidence against you which is the reason the officer is asking the question. You have a right against self-incrimination. We recommend that you politely decline to answer the question and ask for an attorney. Can I choose the type of chemical test the officer will perform on me? No. You cannot choose which test the officer will perform on you. In Arizona the three most common tests are blood, breath and urine. While you cannot choose the test the officer performs, you may obtain your own independent sample. Depending on the facts of the case, we will recommend the appropriate type of sample for you to obtain. What is implied consent, and how does it affect me? Arizona law provides that any person who operates a motor vehicle and is arrested for an offense related to drinking and driving is presumed to have given consent to a chemical test (blood, breath or urine). Consequently, if you refuse to take a chemical test of the officerÕs choice, the officer may obtain a search warrant and forcibly take your blood. Why should I hire an experienced DUI/DWI attorney? Arizona DUI law is extremely complicated and has severe consequences. DUI law is commonly referred to as a minefield. An attorney must be competent in the Arizona Rules of "Criminal" Procedure, the Arizona Rules of Evidence, the United States and Arizona Constitutions, and the Arizona Department of Motor Vehicles Rules and Regulations. An attorney cannot do anything for you unless he or she has extensive experience in these areas. Police officers are only human and do commit legal errors. However, only an experienced DUI attorney will be able to find these errors and use them to help his or her client. You should choose an experienced DUI attorney for the same reason you should choose a qualified doctor. If you break your wrist, you go to a doctor that specializes in wrist injuries. When you are charged with a DUI, you should hire a qualified DUI attorney. An experienced Arizona DUI attorney can analyze your case for legal errors and defenses. He or she can have blood samples independently analyzed, look for suppression issues, review calibration / COBRA records of breath machines, find the right expert witnesses for your trial, and assist you with your driverÕs license issues.
16. Rodriguez Law Office: * Assault and Battery * Burglary * Drunk Driving/ DUI * Drugs and Narcotics Charges * Shoplifting * Trespass * Car Theft * White Collar Crimes * Domestic Violence * Felony Crimes * Homicide * Misdemeanors * Sex Crimes * Traffic Offenses
17. Lane, Alex: How Strong Is the Evidence in Your DUI Case? Challenging the results of blood and breath tests is not as difficult as some people may believe. These tests have their flaws and if they are not administered appropriately a skilled attorney can call their accuracy into questions. Further, if the test was not administered, handled or maintained properly it may not be admissible in Court.
18. LaBoy Law Office: * Conduct blood tests (blood alcohol content level is .08 in Arizona, however you may be arrested if you are impaired to the slightest degree) * Test calibration of Breathalyzers * Investigate the cause of your traffic stop * Consult experts for opinions and testimony at trial
19. Hernandez, Wendy: One of the pillars of our justice system is the idea that people who are charged with committing criminal acts should be presumed innocent until proven otherwise. Although this may seem like a comforting thought, things can feel very different when what you are fighting the state and its resources. However, there is one thing that the state and all of its prosecutors, police, and forensic specialists do not have...
20. Lane & Associates: Two Ways to Be Charged With Drunk Driving In Phoenix and the surrounding parts of Arizona, you can be charged with drunk driving in two situations: * Driving With a Blood Alcohol Concentration of .08 Percent or Above: Under this charge, your blood or breath test results show a blood alcohol content (BAC) .08 or above within two hours of driving. * Driving While Impaired to the Slightest Degree: Under this charge, the state will have to prove that you were impaired while driving a car. This charge does not require any blood or breath test evidence. It only requires some evidence that you were impaired driving.
21. LaMense Law Office: Whether you have been charged with a felony or misdemeanor DUI, a drunk driving charge is a serious matter that requires an aggressive, experienced criminal attorney.
22. Lockhart, Donald: If you or a loved one is facing a misdemeanor, felony or federal charge in Arizona, you need an experienced criminal defense attorney who understands the police, the prosecutors and the court system.
23. Jesse Lonora: A criminal conviction will adversely affect the rest of your life. Whether you are charged with petty theft or armed robbery, sexual assault or drug trafficking, or even felony DUI or murder, you need to have good Phoenix criminal attorney on your side. A criminal conviction can affect your future and are not to be taken likely.
24. Cary Lackey: Being accused of a crime by the State or government is often a harrowing experience. The State or government has a vast array of resources and personnel marshaled against you or your loved one once an investigation is launched, or an arrest is made.
25. Jason Lamm: Should I Speak to the Police? As to all cases... should you speak to the police: NO! NO! NO! You have a constitutional right to remain silent. USE IT! Often, the one thing that hurts a defendant's case the most case is his statement to police made without the benefit of consulting a lawyer first. Dont ever try and talk your way out of a situation. Even if you are polite, courteous, and truthful it can still be held against you. Frequently, the police already know certain facts that they will withhold to trick you into incriminating yourself by making a statement. Court decisions have held that police may lie to a suspect in an interrogation. Your answers to even routine questions may prove damaging. For example, in a DUI stop, your response as to the last time you ate could be damaging to you at trial. Your response to the officers question On a scale of 1 to 10, how impaired are you? may prove fatal at trial. (In Arizona, impairment to the slightest degree is sufficient for conviction. Thus, an answer of 1 may get you convicted).
26. Lamm & Associates:

    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.

    1. 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 77% surcharge. Additionally, your driver's license will be suspended for 90 days.  

    2. 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 77% surcharge. Additionally, Motor Vehicle will revoke your license for 1 year.

    3. 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 77% surcharge, and a $250.00 abatement fee. An ignition interlock device must be installed on your vehicle at your expense for a period of one year.

    4. Aggravated/Felony D.U.I.- The minimum penalty is 4 months in the Department of Corrections (Yes, this means state prison). If you go to prison, you cannot participate in a work furlough program; all of your time must be served in prison. Additionally, your license will be revoked for three years.

27. Mark Lazell: Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence. A conviction on DWI charges may result in fines, the revocation or suspension of your driver's license, and possible jail time. In addition, your insurance company may increase your rates to an unmanageable level. In defending against an impaired driving charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced attorney can make all the difference in such a difficult case.
28. Leyh, Billar & Associates: If you DUI/DWI charges, you the prospect of a heavy fine, loss of your driverās license, and even a jail sentence. DUI charges are serious. If you have been charged with DUI, DWI, or related drunk driving traffic charges, you need an experienced DUI lawyer to protect your rights and freedom.
29. Ed Loss:
    
    Mr. Loss enjoys a national reputation as a DUI practitioner and has completed over 500 hours nationwide of advanced training pertaining exclusively to D.U.I. related matters. He has qualified as Class I Operator of the Intoxilyzer 5000 and GCI Field Collection Device pursuant to Arizona Department of Health Services Rule R9-14-406(A)(2) and is certified as a Horizontal Gaze Nystagmus/Field Sobriety Test instructor. Mr. Loss is a 1985 graduate of the DePaul University College of Law in Chicago where he served on the Law Review. He is a member of the National College of DUI Defense, the DUI Committee and Board of Governors of the Arizona Attorneys for Criminal Justice, The National Association of Criminal Defense Lawyers and a founding member of the Phoenix based Committee for Constitutional Enforcement of DUI Laws. Mr. Loss was associate counsel in the case of State v. Hentges resulting in the suppression of over 1,300 breath test results on April 18, 2000.
    
    Over the years, the public's 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.