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Phoenix DUI Lawyers M-Z

1. Green, Moneyette: DUI Penalties The Maximum penalty for each offense is: 6 Months jail; 5 years probation; $2,500 fine plus surcharges; and fees as outlined in minimum penalties below. Offense Blood Alchol Content Jail Days Suspend Days Fine Abate Fee Prison Fee Other Fee Licensed Suspend MVD Interlock 1st 0.08 10 9 $470 n/a $500 $500 12 Months 2nd 0.08 90 60 $930 n/a $1,250 $1,250 12 Months 12 Months 1st 0.15 30 20 $470 $250 $1,000 $1,000 12 Months 2nd 0.15 120 60 $930 $250 $1,250 $1,250 12 Months 12 Months 1st 0.20 45 0 $930 $250 $1,000 $1,000 18 Months 2nd 0.20 180 0 $1,850 $250 $1,250 $1,250 12 Months 24 Months
2. Petersen Johnson: 1. Do I really need an Arizona DUI or criminal attorney? Often a person charged with a crime does not fully understand the ramifications of being arrested or convicted. A conviction for a crime can effect your: * Credit rating * Ability to rent or lease an apartment * Future college choices * Current or future employment A conviction for some crimes precludes one from ever legally owning or possessing a firearm. Some of your rights can be affected merely by the arrest for a crime, without being convicted. An example of this is driverÕs license suspensions associated with a DUI arrest. A DUI lawyer can advise you of these things. Finally, the criminal laws change often and a criminal defense lawyer will know the changes in the laws. As an example, the DUI laws in Arizona have changed every few years and are about to be changed again. 2. How soon do I need a DUI lawyer / criminal lawyer? The best time to hire a DUI lawyer or criminal lawyer is within the first few hours after you have been arrested. 3. If I hire you as my lawyer, what are your goals for me? Our goal is to obtain the best resolution of your case whether that is a dismissal, an acquittal at trial, or a favorable plea offer. Our goal is to protect your interests, criminal and civil. 4. Will I have to go to court? The short answer is yes, however, some courts allow the lawyer to appear on your behalf and you would not have to go to court until there is a trial or a resolution to your case. 5. Do I need to get a copy of the police report? No, in most cases. Typically, your lawyer will get the police reports and our attorney makes sure you get a copy. 6. What does it mean if I was arrested, yet no formal charges were filed? In Superior Court this is called a ÒscratchÓ, but a similar thing can happen in the Municipal courts. This could mean the prosecutor is requesting further information about the case and will file charges against you at a later time. A prosecutor has up to one year from the date of crime to file a misdemeanor charge and up to seven years to file the charge on most felonies. A lawyer can contact the prosecutorÕs office and find out the reason for the case being ÒscratchedÓ and help protect your interests.
3. Morris, Willaim: First Offense DUI Even if it's your First Offense DUI, you need a DUI Defense Lawyer. Call William L. Morris. Even if it's your First Offense DUI, you need a DUI Defense Lawyer. Call DUI Lawyer William L. Morris . In Arizona, the penalties for a DUI conviction depend primarily on blood alcohol concentration or BAC. If your BAC is above .08%, you will be charged with a DUI. Blood alcohol concentration above .15%, will lead to Extreme DUI charges or worse. In some cases, it's possible to be charged with a DUI even with a BAC of below .08%. DUI Defense * DUI Defense * Arizona DUI Penalties o First Offense DUI o DUI Second Offense o DUI Under 21 Years of Age o Extreme DUI Penalties o Super Extreme DUI Penalties o Aggravated DUI - Felony DUI o Negligent Homicide o Manslaughter Penalties o Second Degree Murder * The MVD Hearing * How To Beat a DUI o Field Sobriety Tests o Blood and Breath Tests If it's your first offense, don't expect the courts and prosecutors to "go easy" on you. Arizona is aggressively trying to cut down on drunk driving and mandatory sentencing guidelines mean you will receive at least some jail time and severe financial penalties. A DUI Second Offense increases the penalties the court will apply. Hiring a Phoenix DUI Lawyer is an Absolute Necessity. Since the courts are strict, your only chance is to get charges dropped or lessened. That takes an experienced and aggressive DUI defense lawyer...
4. Saienni Law: IF YOU ARE STOPPED FOR DUI (PRINT THIS PAGE AND KEEP IT WITH YOU) If you are pulled over and you have been consuming alcohol, prior to even speaking with you, the officer has most likely already decided to arrest you and charge you with DUI and EVERYTHING he asks and does is designed to gather evidence of your guilt! IT IS IMPOSSIBLE TO PASS THE FIELD SOBRIETY TESTS REGARDLESS OF HOW WELL YOU BELIEVE YOU DID! DO NOT TAKE THEM! THERE IS NO PENALTY FOR REFUSING! 1. Show the officer your driverÕs license, registration and proof of insurance 2. Be polite, respectful and courteous. 3. Inform the officer that, upon the advice of an attorney, you refuse to answer any questions. DO NOT ANSWER QUESTIONS OR AGREE TO BE INTERVIEWED! 4. Refuse to perform the eye test or any other physical test, sometimes called Òfield sobriety testsÓ or FSTs. 5. Request an immediate CONFIDENTIAL call to an attorney. 6. To test or not to test: Blood Alcohol Content Test (BAC) Under the law, everyone who drives in Arizona grants implied consent to a blood, breath or urine test if so demanded by law enforcement. Refusal to submit to such a test will result in a one-year suspension of your driverÕs license. If you refuse some officers will obtain a search warrant and forcibly take your blood for testing. If you are arrested for DUI and it is your first offense, or first offense within a five-year period, if your BAC is .08 or more, your license will be suspended for 90 days. If there has been no accident with injury to another person you may be eligible for a restricted license for the final 60 of the 90 days. If you are arrested for any offense other than a first offense and your BAC is .08 or more your license will be suspended or revoked for at least one year. CONSEQUENTLY, on a first offense, most people do not want the longer one-year suspension so most will submit to a test. If you absolutely want to deprive law enforcement of as much evidence as possible regardless of the license suspension, refuse to test. REQUEST TO BE RELEASED FOR AN INDEPENDENT BLOOD TEST, DEMAND AN INDEPENDENT TEST AND GO GET ONE UPON RELEASE! On any subsequent offense, you have nothing to lose by refusing to test. If the officer does not obtain a search warrant, and sometimes they wonÕt, you have deprived them of your BAC % as evidence. On any felony DUI (3rd DUI within seven years, DUI on a suspended license, or DUI with a person under 15 years of age in the vehicle) the potential penalties are VERY severe and include prison time SO DO NOT SUBMIT TO ANY TESTS OR ANSWER ANY QUESTIONS PERIOD. . .
5. Pullen, Deshon: If you or a loved one has been arrested for DUI, there are serious consequences to consider, including jail or prison time, the loss of driving privileges, and a criminal conviction on your record. An important step in protecting your legal rights is to retain the services of an experienced Arizona drunk driving defense attorney. Further consequences to a DUI charge may involve job loss, or an interlock device for court-ordered supervision. Do not leave your finances and freedom to risk. An experienced Phoenix DUI lawyer can provide you with a strong defense, help to keep your criminal record clean, and protect your freedom and your license to drive.
6. Ruch, Larry: What is the difference between DUI and DWI? The short answer is that both charges are equally serious and carry matching punishments. The primary difference is that DUI is charged for driving under the influence of alcohol or drugs. This does not require a breath reading. Instead, the DUI charge deals with suspicion of driving while under the influence, according to the manner of driving, physical and mental symptoms of impairment, or verbal admissions. By contrast, DWI is charged when Breathalyzer or blood alcohol test results measure .08 percent or greater within two hours of driving. It is not uncommon for prosecutors to file both of these charges along with any others they feel might stick.
7. Saxe, Matthew: When you have been arrested for drinking and driving, the charges can vary, from a misdemeanor to a felony, based on the results of your blood alcohol test. Arizona mandates a 10 day jail sentence for conviction of drunk driving...
8. 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:

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

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

   1. 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?

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

   1. 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?

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

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

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

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

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

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

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

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

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

   1. 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?

   1. 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?

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

   2. Urbano, Michael: How To Fight a DUI IF STOPPED FOR DUI KNOW YOUR RIGHTS! You have the right to remain silent! If you are being investigated or have been stopped by the police you have the right to remain silent. Arizona DUI law does not require you to answer any questions. If you are stopped, present the police officer with your driver's license, proof of insurance and registration. Do not answer any other questions and do not admit to anything. You may be pressured into speaking; however, you should not answer any questions that may be used against you later in court. This is an important first step in your DUI defense as the officer will present most of his case based on what you say and admit to. Remaining silent is your constitutional right and was established to protect you from being forced to testify against yourself. You have the right to an attorney If you are stopped by police, immediately request a confidential phone call with an attorney. Arizona DUI law gives you the right to consult with an attorney before you choose to submit to any chemical test (breath or blood) as long as it does not delay the investigation. Attorney Michael Urbano is available 24 hours for emergency consultations. Refuse to take any Eye or Field/Physical Tests You may be asked to submit to a variety of field sobriety tests or an HGN eye test. These tests are not required by Arizona DUI law and are not always accurate, which is why I suggest you decline. The results of the test are left to the discretion of the police officer who is administering the test unlike a blood or breath test which is determined by objective analysis and not based on the personal opinion of an officer. FOLLOW THESE STEPS 1. Invoke your 5th amendment right to remain silent and refuse to answer any questions. 2. Provide a copy of your license, registration and insurance information. 3. Refuse to do any eye or physical tests. 4. Immediately demand a confidential phone call with an attorney. 5. Submit to a blood/breath test after a confidential phone call with an attorney. 6. Request that the police preserve a blood/breath test for independent testing. 7. Demand to be immediately released for an independent test. Arizona Field Sobriety Tests What should I do if I'm asked to take field sobriety tests? There is a wide-range of field sobriety tests (FSTs), including heel-to-toe, finger-to-nose, one-leg stand, eye test called "horizontal gaze nystagmus" test, alphabet recitation, modified position of attention (Rhomberg), fingers-to-thumb, hand pat and others. In Arizona, most officers will use a set battery of six common tests. Unlike the chemical test, where refusal to submit may have serious consequences, Arizona DUI law does not require you to take any of the Field Sobriety Tests (FSTs). The reality is that officers have usually made up their minds to make a DUI arrest when they give the FSTs; the tests are simply additional evidence which the suspect inevitably "fails." Thus, in most cases a polite refusal may be appropriate and smart. Why did the officer make me follow a penlight with my eyes to the left and right? This is the "horizontal gaze nystagmus" test is performed when the officer attempts to estimate the angle at which the eye begins to jerk ("nystagmus" is medical jargon for a distinctive eye oscillation). The officer will position an object (such as a pen) 12 inches away from the drivers face. If nystagmus occurs sooner than 45 degrees, it theoretically indicates a blood-alcohol concentration over .05%. The smoothness of the eyes tracking the penlight (or finger or pencil) is also a factor, as is the type of jerking when the eye is as far to the side as it can go. Walk and Turn: The subject takes nine heel-to-toe steps along a line, turns, and takes nine heel-to-toe steps back. The officer is looking to see if the accused can keep their balance, follow instructions, begin early, stop during the test, leave space between heel and toe, step off the line, or lose balance while turning. Standing on One Leg: The accused is instructed to stand with heels together, arms at the side, then raise one leg six inches off the ground while counting out loud until the officer allows the accused to stop. The officer is looking for raising of the arms, swaying, hopping, putting the foot down, inability to stand still, body tremors, muscle tension, and any statements made by the accused during the test. Finger to Nose: This test requires that the driver is instructed to stand with heels together, eyes closed and standing straight. The accused is then to bring the index finger to the tip of the nose as instructed by the officer. The officer is looking for body sway, body tremors, eyelid tremors, muscle tension, or any statements made by the accused to support a finding of intoxication. The Rhomberg Balance Test: The accused assumes a position of attention, closes their eyes, tilts back their head and counts to 30 seconds. At this time the officer is looking for the inability to stand still or steady, body or eyelid tremors, opening of the eyes to maintain balance, swaying, muscle tension, or statements made by the accused. The officer is also testing the accused sense of time, which will usually be slower in the case of alcohol or depressants, or fast in the case of stimulants being in the accused system. These are supposedly tests that are designed to check "divided attention", a critical skill in operating a motor vehicle. However, there are many people who, for many innocent reasons, cannot perform these tests to the officer's satisfaction, and pay the price with a D.U.I. arrest. One of the most dangerous Field Sobriety Tests is the Preliminary Alcohol Screening test, also called the PAS test. This is a portable breath test to determine the presence of alcohol. The officer is supposed to advise the suspect that the test is voluntary. Many times, they do not. Breath Analysis Written by Attorney Darren T. Kavinoky DUI defense lawyers and DWI defense attorneys are often asked why they are taking a particular drunk driving case to trial, when a breath machine has produced a reading above the legal limit. What these lawyers know, and what they hope to educate their juries about, is that the breath testing machines that are used in DUI and DWI arrests are subject to error even in the best of circumstances. Breath testing in drunk driving cases is far from perfect. Breath testing in DUI cases dates back to 1937, when Rolla Harger invented the "Drunkometer". This machine gave birth to an industry that has witnessed many new designs, each trying to improve on the reliability of its predecessor. However, even in our present era, every single breath-testing device is subject to mistakes. All breath-testing machines used in DUI and DWI cases make certain assumptions about the people being tested that may or may not be true. All of the drunk driving breath-testing machines are subject to human error, maintenance problems, interference from outside sources (such as radio frequency interference), and internal malfunctions. The technology in the roadside PAS test is called "fuel cell" technology. This technology works by burning up the alcohol, which generates an electrical current that is measured and quantified with a numeric result. The technology in these roadside PAS tests is dubious at best. These devices do not have "slope" detectors, which are designed to guard against mouth alcohol causing an artificially high reading by detecting a negative slope (or sharp drop-off) in the alcohol level; they are not specific for alcohol, and are subject to error due to certain types of chemical buildup. DUI breath testing is an indirect way of determining blood alcohol content (BAC) or blood alcohol level (BAL). Many states have tried to get around the obvious problems associated with converting a breath alcohol level to a blood alcohol level by outlawing driving above a certain limit as determined by either a blood or breath test. DUI and DWI lawyers in most states confront laws that make it illegal to drive while under the influence of alcohol, or to drive with a blood or breath alcohol level of .08% or higher. The former is based on actual impairment; the latter is based only on the subject's alcohol level, without regard to whether or not they are actually feeling the effects of drinking alcohol. Breath testing for alcohol is typically accomplished either on a roadside test prior to arrest, or on a more stationary machine at the jail following arrest. The portable device, which is a little bigger than a pack of cigarettes, is called a Preliminary Alcohol Screening (PAS) test, or Preliminary Breath Testing (PBT) device. In most states, the officer conducting the investigation is supposed to tell the DUI or DWI suspect that blowing into the PAS device is optional. In practice, this is done inconsistently, at best.
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