TEMPE DUI ATTORNEYS

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If you’ve been arrested for DUI in Tempe, Arizona, you have a string of stressful decisions and difficult consequences coming your way. If you are arrested for suspicion of DUI, you will be chemical tested for the presence of alcohol and other substances that can impair your driving ability. Your blood alcohol content, or BAC, can affect the charges and penalties you receive for your DUI

Arizona is notorious for having the strictest DUI laws in the United States. Along with jail time, fines, and other court-ordered punishments, a DUI conviction will remain with you for life.  An AZ DUI makes it harder to get a job, apartment, and more. Therefore, a locally based, experienced DUI attorney can help you achieve the best possible outcome with the charges against you. With the right attorney, you may be able to have your charges dismissed, reduced, your penalties minimized, or be declared not guilty at trial by a jury of your peers.  Our Tempe DUI Attorneys are the voice that you seek when fighting driving under the influence charges in Tempe, Arizona.

dui arrests in tempe, az

If you are arrested for drinking and driving in Arizona, you will be charged with DUI. The type of DUI charge you receive will depend on your BAC at the time of arrest and the presence of aggravating factors. If you are arrested for a BAC of 0.04-0.079, you can be charged with DUI- Impaired to the slightest degree. If you have a BAC of 0.08-0.149, you will receive a per se DUI charge. 

For a first time DUI, the minimum jail sentence is 10 days, with the possibility of up to 9 of these days being commuted. The minimum fines and assessments will be $1,250, and you will need to complete drug and alcohol screening and education, as well as community service. Your driver’s license will be suspended for at least 90 days, and you will need to use an Ignition Interlock Device (IID) for at least 6 months.  Therefore, when fighting DUI charges in Maricopa County, Arizona; the assistance of our Tempe DUI Attorneys is paramount.

TEMPE DUI FAQS

FREQUENTLY ASKED QUESTIONS REGARDING Driving Under the Influence in Tempe, Arizona

Our Tempe DUI Lawyers answer some of the most asked questions from people seeking help with their DUI charges in Tempe, Arizona. Contact our Arizona criminal defense team for a free consultation.

ANSWER:

DUI stands for driving under the influence, and is the criminal charge someone will receive after being pulled over under suspicion of operating a motor vehicle while impaired by a substance.

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ANSWER:

In Arizona, a BAC of 0.08 or higher creates a presumption of intoxication. However, you can still be arrested and charged with “DUI- Impaired to the Slightest Degree” if the officer thinks you are intoxicated and you have a BAC between .04 and .079. Drivers under the age of 21 can be arrested for DUI in Arizona for any amount of alcohol in their system, even a BAC of .01.

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ANSWER:

Just because marijuana was legalized in Arizona doesn’t mean that it’s legal for you to drive after its consumption now. Just like alcohol is legal but you can be arrested for driving while too drunk, you can be arrested for driving high. If you are arrested for pot DUI, you will be chemical tested for THC in your system.

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ANSWER:

You can be arrested for DUI on public or private property in Tempe. You can even be arrested for DUI in your own driveway.

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ANSWER:

Arizona State University has a reputation for being a party school, and it’s no secret that there are plenty of students in Tempe who drink. Because Arizona has a “baby DUI law,” which means anyone under 21 can be arrested for DUI  for even a drop of liquor on their breath, it is easy for ASU students to be arrested for DUI if they get behind the wheel after drinking. There are special penalties for those convicted of baby DUI.

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ANSWER:

An attorney can assist you with more than just your trial. Your attorney will guide you through your interactions with the police and be present with you during questioning, if necessary. Your attorney will review evidence and may fight to have it excluded. This also includes review for constitutional violations that may be a strong defense against your charges. Your attorney may also attempt to negotiate a lower charge instead of DUI, possibly one that doesn’t involve jail time.

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ANSWER:

Alcohol isn’t the only substance that can impair your driving, so it isn’t the only substance for which you can be charged with DUI. You may also be charged with DUI if you are found to be under the influence of marijuana (recreational or medical), drugs like heroin and cocaine, and certain prescription medications.

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ANSWER:

All DUI convictions in Arizona come with mandatory driver’s license punishments. A first time arrest will get your license suspended for at least 90 days, but possibly much more. A second time arrest will get your license revoked.

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ANSWER:

You can refuse field sobriety tests without penalties in Arizona. However, refusing a breath, blood, or urine test will result in an automatic one year suspension that the DMV will enact 2 weeks from your arrest date. You must fight this at an administrative hearing, which is separate from the hearing for your criminal charges.

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ANSWER:

Tempe, Arizona has particularly strict DUI laws and punishments including mandatory jail time, fines, community service, drug and alcohol counseling and screening, driver’s license restrictions, and IID use. All of these penalties come with additional costs, so a DUI in Arizona will easily cost you thousands of dollars, as well as create a negative stain on your record that remains with you for life.

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ANSWER:

A police officer needs to have reasonable suspicion to pull you over for DUI. Tempe police officers will be looking for signs of intoxication while driving such as speeding, improper use of turn signals, failure to use headlights, drifting between lanes, failure to follow traffic rules, abrupt braking, etc. Police officers can also set up DUI checkpoints, where each driver passing through a certain area will be examined for signs of DUI.

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ANSWER:

Field sobriety tests, like walking on a straight line, standing on one foot, or completing the horizontal gaze nystagmus, can be refused without penalty in Arizona. Some injuries and medical conditions can cause you to appear impaired in these tests when you aren’t, and whether conditions and poorly maintained roads can have a similar effect. You will not receive an automatic license suspension for refusing field sobriety tests like you will for refusing breathalyzer and chemical tests.

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ANSWER:

A failure to read your Miranda Rights probably isn’t sufficient to get your case thrown out- but it may help you exclude evidence to be used in your case, which can help you secure a “not guilty” verdict at trial. Statements made to the police after being placed in custody can be excluded from your trial if the police failed to read you your Miranda Rights.

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ANSWER:

If you are charged with slightest degree, per se, extreme, or super extreme DUI in Tempe, Arizona, you will be charged with a misdemeanor crime. If you meet any of the requirements for an aggravated DUI, it will be charged as a felony.

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ANSWER:

The minimum penalties for a DUI conviction increase each time you are convicted. If you are convicted of two DUIs, your third in an 84-month period could result in felony charges.

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ANSWER:

Public defenders frequently start out with DUI cases, and generally have a large caseload. A private attorney typically has a more manageable caseload, as well as skilled support staff to better assist their clients. A private attorney with years of experience will have relationships with prosecution, and be familiar with their protocols for plea bargaining. Your attorney may be able to negotiate for a reduced charge like reckless driving, which doesn’t carry mandatory jail time. The best way to decide if a private attorney is worth the expense for you is by consulting with attorneys yourself. To speak with one of our experienced Tempe DUI lawyers, call to schedule your free consultation with My AZ Lawyers today.

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Tempe, Arizona DUI myths infographic

tempe extreme dui

extreme dui attorneys in tempe

If you are arrested for driving with a BAC of 0.15-0.199 in Tempe, you will be charged with Extreme DUI, a class 1 misdemeanor. The minimum jail sentence for an Extreme DUI in Arizona is 30 days, with the possibility of 21 of these days being commuted. Additionally, your fines will start at $2,500, but the judge can impose higher fines should they find it appropriate. Also, you will also be ordered to complete community service and drug and alcohol counseling and screening. 

You will face driver’s license restrictions after an Extreme DUI conviction in Tempe, Arizona. Your driver’s license will be suspended for at least 90 days, and you will need to use an IID for at least one year. This means you may also need to attend driving school and obtain SR-22 (high risk) auto insurance. 

When you are arrested for DUI in Arizona with a BAC of 0.15 or higher, your vehicle will automatically be impounded for 30 days. Therefore, the impound lot may charge $15 a day plus an administrative fee of $150 to return your vehicle to you. If you don’t pick up the vehicle within 10 days of the vehicle becoming eligible for release, the lot may file for an abandoned title to your vehicle.   Still have questions regarding a recent arrest in Tempe?  Contact our Tempe DUI Attorneys for additional answers and advice.  The advice and the consultation are both free.  Plus, the consults are 100% confidential.

super extreme dui in tempe

tempe dui attorneys to help you fight extreme dui charges

Super Extreme DUI in Tempe, Arizona, a class 1 misdemeanor, is the increased charge for drivers operating a motor vehicle with a BAC of 0.20 or higher. The penalties for a Super Extreme DUI are higher.  This reflects how intoxicated one must be to report a BAC of at least 0.20, and how this increases the risk for deadly accidents. Also, the minimum jail sentence for a Super Extreme DUI is 45 days.  However, there is the possibility of up to 31 of these days being commuted. Plus, the minimum fines are $2,750.  Also, community service and counseling ordered just as with lower DUI charges. 

Additionally, with a Tempe Super Extreme DUI, your driver’s license will be suspended for at least 90 days after a Super Extreme DUI conviction.  When you get it back, you will need to use an IID for at least one year. Just like with an Extreme DUI, you will probably need to attend driving school and obtain SR-22 insurance, and your vehicle will be impounded for 30 days.  Contact our Tempe DUI Lawyers today.  We can help you fight your DUI charges.  Don’t take a plea!  Get your charges dismissed.

tempe marijuana dui

busted for a marijuana dui in tempe?

While medical marijuana has been legal in Arizona for a few years, and recreational marijuana was recently legalized, you can still be arrested for driving after consuming marijuana.  However, Arizona has yet to catch up with DUI laws regarding marijuana use.  Unfortunately, there is no test for marijuana equivalent to a breathalyzer for alcohol. Therefore, frequent marijuana users throughout Arizona can test positive on these tests hours or even days after smoking, but still be charged with DUI.   

Bottom Line:  Arizona has a ZERO TOLENRANCE for marijuana use and operating a vehicle.  Any trace of marijuana in the blood can lead to a DUI arrest.

Just as with alcohol DUI charges in Arizona, a marijuana DUI is a class 1 misdemeanor. Anyone arrested for marijuana DUI will face the same standard minimums as alcohol DUIs, and these penalties can be increased if the driver was extremely high, has repeated infractions, or the driving behavior for which the driver was pulled over was especially severe. 

aggravated dui in tempe

contact a tempe criminal defense if charged with aggravated dui in tempe, arizona

You will be charged with Aggravated DUI, a felony, if you are arrested in Tempe, Arizona for DUI and one or more of the following factors are present:

  • A passenger under the age of 15 is in the car
  • Also, if the driver’s license is already suspended, revoked, etc. from a previous DUI
  • The driver has been convicted of DUI 2 other times in the past 84 months
  • Additionally, if the driver has an IID installed in their vehicle

All of the factors create a class 4 felony.  The exception is having a passenger under 15 at the time of arrest, which is a class 6 felony. Also, a felony DUI conviction in Arizona can result in up to 8 months in prison. Plus, there will also be at least $4,000 in fines, drug and alcohol screening, and community service. Therefore, you will need to complete driving school and obtain SR-22 insurance coverage. Once you get your driver’s license back, you will need to keep an IID installed in your vehicle for 2 years.