Tucson DUI Lawyers
- Jones Law Office:
Criminal Law
Drug Forfeitures
Money Laundering
Search and Seizure
State and Federal Criminal Defense
White Collar Crimes
- Roach Law Firm: YOUR DUI DEFENSE 1. NOTICE OF APPEARANCE - The Roach Law Firm offers a diligent and aggressive approach to DUI defense that offers the best chance for a dismissal or "Not Guilty" at trial. When we file a Notice of Appearance on your behalf, the State knows that you have hired the best possible defense. 2. RULE 15 Disclosure Request - We immediately file a demand that the State provide everything necessary to effectively evaluate and defend your case. The State must provide all police reports, witness statements, DUI forms, and Scientific Reports. It is crucial that the State immediately give us these documents, along with the scientific notes supporting any BAC results, and we demand that they do. 3. REQUEST FOR INTERVIEWS - If deemed necessary, all witnesses will be interviewed, including the police officers involved. The interview is recorded and transcribed as necessary. It is very important to learn all the extra details that may not be in the written report. These interviews are also key to "locking down" descriptions of the event that may be necessary for pre-trial motions. 4. MOTIONS TO DISMISS OR SUPPRESS - The following is a list of motions that may be filed in your case. Each of these motions could lead to your case getting dismissed or evidence being suppressed. Reasonable Suspicion Probable Cause Miranda Tipster DUI Checkpoint Due Process Illegal Search and Seizure Right to Counsel Breath Test- all issues Phlebotomy Blood Draw Issues Search Warrant -all issues BAC outside the two hours Speedy Trial These motions are based on the 4th, 5th, 6th and 14th Amendment to the United States Constitution, the Arizona Constitution, Criminal Rules of Court and Arizona Statutes. 5. TRIAL OR PLEA? In your case, the Roach Law Firm will evaluate all the evidence, do all possible legal research and file any motions that may help you case. In many cases, this will lead to a dismissal of the case. If not, we will sit down together and discuss your next decision, to take the case to trial or accept a plea. There are many variables and every case is different. We will give you all possible information so that you can make the best decision for your life. 6. AT TRIAL - Rest assured that the significant trial experience of the lawyers at the Roach Law Firm will give you the best possible trial. We will question the evidence and scientific methods used. If necessary, we will hire our own expert witnesses to come to trial and explain what the scientific tests and "field sobriety tests" really mean. Almost as important as the facts, however, is the style of presentation, which allows the jury to understand why a "Not Guilty" verdict is the appropriate one.
- Higgins & Higgins: Criminal Defense
- Altschuler, Janet: You Been Charged With Drunk Driving? A DUI conviction on your record can have a negative impact on your lifeÑyou could get a suspended driverÕs license or an Ignition Interlock Device placed on your car, or even jail time. Luckily, depending on the facts, there are many defenses for DUI. A good attorney combs the facts with a client to find the weaknesses in the stateÕs case. 1st Time Offense Driving Under the Influence (DUI) A first time misdemeanor offense can result in the maximum punishment, including six months in jail; a $2500 taxable fine; up to five years of supervised probation; mandatory alcohol education; and community service. DUI is one of the few offenses that have a minimum mandatory sentence associated with it. That means if you plead guilty to the offense, or if convicted by a judge or jury, you can be sentenced to: * Serve at least 24 consecutive hours in jail * Serve unsupervised/supervised probation for one year * Attend alcohol screening and follow-up counseling * Pay fines of at least $1,400.55 and up to $3000 * Have an Ignition Interlock Device put on your car * Attend a M.A.D.D. VictimÕs Impact Panel * Have your driverÕs license suspended up to 90 days * Perform community service Felony Offense Driving Under the Influence (DUI) There are different categories of aggravated or felony DUI. Felony DUI charges are not based upon the amount of alcohol in your system, but on the following factors: * A DUI on a suspended driverÕs license * A DUI with a child 15-years-old or younger in the car * Two prior DUI offenses within 7 years * DriverÕs license suspension up to 90 days 2nd Time Offense Driving Under the Influence (DUI) The consequences of a second time misdemeanor DUI, which does not include a felony or suspended license, but does include a prior DUI in Arizona or another state within the past seven years, can result in: * 30 days minimum mandatory jail time * Fines up to $5,000 * Supervised/unsupervised probation * Alcohol screening and counseling * Mandatory attendance at a M.A.D.D. VictimÕs Impact Panel * Ignition Interlock Device on car * Revocation of drivers license for up to one year Under 21 DUI Consumption, Fake ID While adults have a cutoff blood alcohol content (BAC) of .08, minors can be charged with DUI if there is ANY alcohol in their system, even if there are no signs of alcohol impairment. The penalties can be: * drivers license suspension for up to 2 years * a minimum mandatory 1 day in jail * alcohol evaluation and counseling * fines of at least $1465.00 * other fees If you are found to be consuming alcohol while under the age of 21, you also face the possibility of a drivers license suspension up to 2 years, fines up to $500, community service and alcohol counseling. If you have a fake ID and get caught using it, then you face alcohol counseling, fines up to $750 and a possible jail sentence of 4 months. Driving Under the Influence (DUI) Defenses There are many defenses to DUI, beginning with whether or not the police were righteous in pulling you over in the first place. Other factors include whether or not the sobriety test was given in the appropriate manner; was the officer properly trained to administer the sobriety test; was the breathalyzer in proper working condition; was blood tested by an independent laboratory free of contamination; and whether or not a second blood sample was retested.
- Provident Legal Group: Are you someone who, for most of your life managed to stay out of trouble, but now find yourself accused of a crime?
- David Alan Darby: There are two different classifications of drinking and driving offenses. First, it is unlawful to rive or be in control of a motor vehicle while under the influence of intoxicating liquor, drug, vapor or any combination thereof. Second, it is unlawful to drive or be in control of a motor vehicle with an alcohol concentration of .10 or more within two hours of driving. These are separate charges. A driver can be charged with one or both. Usually, if a driver submits to a chemical test which results in an alcohol concentration of .10 or more, he/she will be charged with both offenses. If a driver refuses to submit to a chemical test and none is performed nonconsensually, he/she will only be charged with driving under the influence assuming the officer has enough evidence to establish probable cause for the arrest.
- Stephen Barnard: A police officer will pull you over if he notices that you are driving erratically -- swerving, speeding, failing to stop or even driving too slowly. Of course, you may have a good explanation for your driving (tiredness, for example), but an officer is unlikely to buy your story if he smells alcohol on your breath or notices slurred words or unsteady movements.
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Alfred McDonald: In Arizona, there are five (5) major classifications of DUI offenses:
- It is unlawful to drive or be in control of a motor vehicle while under the influence of intoxicating liquor, drug, vapor, or any combination thereof.
- It is unlawful to drive or be in control of a motor vehicle with a blood alcohol concentration (BAC) of .08 or more within two (2) hours of driving.
These are separate charges, and a driver can either be charged with one or both. If a drivers chemical test results in a BAC of .08 or more he/she will probably be charged with both offenses. If a driver refuses to submit to a chemical test, and no test is performed non-consensually, he/she will only be charged with driving under the influence (assuming that the officer has enough evidence to make the arrest). However, if a driver does refuse to submit to a chemical test, an officer is authorized to obtain a search warrant and physically take a drivers bodily fluid (usually blood).
- It is unlawful to drive with certain drugs or their metabolites in the body (for example, marijuana, cocaine, speed, etc.)
- It is unlawful to drive with a BAC of .15 or more within two (2) hours of driving. This is an "EXTREME DUI" and can carry additional penalties.
- It is unlawful to drive with a BAC of .04 or more if you have a commercial drivers license (CDL).
- Glanville Law Office: In Arizona, a request to speak to an attorney must be honored unless it would unduly impede the investigation. Furthermore, that includes the right to speak to an attorney in private. As a general rule, however, there is no right to an attorney until you have submitted to (or refused) blood, breath or urine testing. Always ask to phone your attorney and speak to him privately. If the request is unreasonably refused, this may become the basis for suppressing test results later.
- James Nesci: DUI stands for Driving Under the Influence and can be either a felony or a misdemeanor. Many people receive DUIs. It is a crime that cuts across all social, ethnic, economic and age boundaries. You dont have to be a drunk to be cited for a DUI.
- Joseph St. Louis: In Arizona, driving under the influence can be charged as two or more distinct crimes. You may be charged with driving under the influence, regardless of your blood alcohol concentration, if the officer has probable cause to believe that you were driving while impaired to the slightest degree by alcohol or a combination of drugs and alcohol. You may also be charged with having a blood alcohol concentration over .10 within two hours of driving regardless of whether you were impaired. Having a blood alcohol concentration above .18 within two hours of driving is a separate offense, called extreme DUI. If you are cited with a third DUI within five years, or receive a DUI while your license is suspended for a previous DUI, you may be charged with a felony, called aggravated DUI.
- Trezza & McDonald: The firms primary function is to win DUI cases.
- Felix Law Office: The Sixth Amendment of the Constitution guarantees the right to counsel. Exercise this right. No matter the case, a defendant has rights that their attorney can help protect.
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