DUI Attorneys and Services
With My Arizona DUI Lawyers
DUI Services in Arizona may be necessary if a charge of driving under the influence, DWI or DUI is brought against you. A DUI conviction changes lives. A DUI conviction in Arizona affects your Professional, social, economic, and personal lives.
Also, if you are convicted, the charge can stay on your record for years. In fact, you may not be able to get employment because of it. You may have trouble renting an apartment or being approved for other activities that require a criminal background check. Consequently, one bad decision can lead to years of hardship.
Charged with Driving Under the Influence?
Seek an Arizona DUI Attorney Immediately
Furthermore, if you have been charged with a DUI in Phoenix and Tucson, you need an experienced AZ Drunk Driving attorney to help you. A Mesa DUI lawyer is trained in criminal and traffic law and understands how to create the best defense for you to clear the charges against you or to reduce them. Therefore, please call for a consultation immediately, do not take a plea when facing drunk driving charges, fight for your freedom. An experienced Arizona DUI Attorney from My Arizona Lawyers, PLLC assists you when facing charges of drunk driving.
In addition, the attorneys at My AZ Lawyers have the training and experience you need to give you the Driving Under the Influence help you need. Also, our team of DUI lawyers have experience representing DUI cases, DUI Drug cases, extreme DUI cases, Super Extreme DUI cases, as well as defending other traffic violations.
Our Criminal defense and DUI team commits to providing you the best representation possible and helping you to protect your legal rights. In some Arizona drunk driving cases, our Arizona Drunk Driving Attorneys may be able to get the charges against you dismissed, perhaps by showing that the field test or other information used to assess your impairment was incorrect, or we may be able to get the charges against you reduced. Regardless, our AZ DUI Team will be an asset to you as you fight for dismissal of your drunk driving charges.
FREQUENTLY ASKED ARIZONA DUI QUESTIONS
With My Arizona DUI Lawyers
DON’T LET A DUI RUIN YOUR LIFE
Have you been arrested for a DUI in Mesa, Phoenix, Glendale, Chandler, Scottsdale, Avondale, Gilbert or Tucson, Arizona?
Contact My AZ Lawyers DUI legal team to help you defend your charges. Our experienced attorneys will work with you and the specific circumstances of your case to determine the best strategy to defend your case. Do not let a DUI ruin your life. Fight to get your charges dismissed or reduced.
Call our criminal defense law firm at (480) 833-8000 to schedule a free case evaluation and consultation. Therefore, find out how our lawyers can give you the legal help you need to protect your future.
POSSIBLE DUI DEFENSES IN ARIZONA
Affordable DUI Lawyer Services in ARIZONA
ARIZONA’S BEST DUI DEFENSE
If you’ve been arrested for driving under the influence in Arizona, fighting the charges may feel hopeless. Arizona has strict DUI laws with harsh penalties, including mandatory jail time even for a first offense of drunk driving.
So what can be done if you are facing drunk driving charges in Arizona? Read on to learn more about potential DUI defenses, depending on the facts of your case. For your free consultation with an experienced Arizona DUI defense lawyer, call 480-833-8000.
Arizona even has an implied consent law, or A.R. S. § 28-1321. If you refuse to take a blood, breath, or urine test while behind the wheel in Arizona, your driver’s license will be suspended for 1 year. This isn’t a viable loophole to avoiding DUI arrest and can result in harsher penalties upon conviction.
Lack of Reasonable Suspicion for DUI Arrest in Arizona
The Fourth Amendment of the Constitution promises us protection against unreasonable searches and seizures by the government. This extends to when you are driving a car on a public road. A police officer must have some articulated reason to have pulled you over, rather than just a feeling that you might be driving under the influence. However, there is a wide range of behaviors that you can engage in while driving that would give a police officer sufficient reasonable suspicion to pull you over for a DUI check.
Speeding, drifting in your lane, failure to use turn signals or headlights, rolling through a stop sign, making a wide turn, and even driving too slowly are just a few of the things that can give a police officer reasonable suspicion. Clearly, never getting behind the wheel of a car after drinking is the best way to avoid getting a DUI in Arizona. But if you believed you have been unconstitutionally pulled over for a DUI, you can discuss it with a member of our Arizona DUI defense team by calling 480-833-8000.
No Actual Physical Control of a Motor Vehicle
This defense comes from analyzing the specific language in Arizona’s DUI law, or A.R.S. § 28-1381. Plus, this statute makes it unlawful for anyone in Arizona to be in actual physical control of a motor vehicle while under the influence. Additionally. the most common use of this defense is the “sleeping it off” defense. This is where your attorney will be looking for signs that you didn’t actually intend to drive the vehicle. Factors that contribute to this defense include being arrested while in the passenger seat or backseat, not having the keys in the ignition, and not having the keys accessible inside the vehicle (for example, in the trunk). This defense isn’t fool-proof, and you could still be found guilty of DUI when sleeping it off in your vehicle. Review the facts of your case with an experienced DUI lawyer for free at 480-833-8000 to learn more.
Affordable Arizona DUI Defense Lawyers
My AZ Lawyers offers expert legal service including affordable Arizona DUI defense lawyers with Payment Plan Options.
The cost of a private DUI defense attorney can be intimidating, but you may have more options available to you than a public defender or self-representation. Our Arizona DUI lawyers utilize their experience to make representation more affordable for anyone arrested for DUI in Arizona. Get answers to questions specific for your DUI arrest and case by scheduling a free consultation. Discuss your legal situation with an attorney skilled in Arizona DUI defense cases.
Lack of Probable Cause
Just because a police officer had reasonable suspicion to pull you over doesn’t mean they have sufficient probable cause to place you under arrest for driving under the influence. Therefore, if you are pulled over clear-eyed and alert, and the police officer doesn’t administer the proper tests, you may have a lack of probable cause defense against your DUI charges. This is where it comes in handy to know the difference between field sobriety testing and chemical sobriety testing.
Keep in mind, you can say no to field sobriety tests like horizontal gaze nystagmus, walking in a line, and standing on one foot without the threat of losing your license for a year like with refusing a Breathalyzer test. Plus, saying no to these tests can reduce the risk that you will appear imbalanced, slur your speech, and more. Thus, if you’ve probably refused field sobriety testing during a DUI arrest and believe the officer lacked probable cause to place you under arrest, call to discuss your case at 480-833-8000.
Failure to Read Miranda Rights
Many people are familiar with at least the beginning of the Miranda Rights: “You have the right to remain silent. Anything you say can and will be used against you in a court of law,” etc. They stem from the Supreme Court’s ruling in a case called Miranda v. Arizona. The police are supposed to read these rights to anyone who is placed under arrest. However, the police’s failure to read these rights to someone placed under arrest for DUI isn’t the slam dunk legal defense that many people believe it to be.
It can be used to rule out statements made after the police’s failure to read Miranda rights from being used as evidence. While this could be a boon to your defense attorney, your conviction will mostly hinge on the chemical evidence of your intoxication that isn’t ruled out by failure to read Miranda rights. Talk to an Arizona defense lawyer at 480-833-8000 to see if the police’s failure to read you your Miranda rights could have significant impact on your drunk driving charges in Maricopa, Pima, or Pinal County, Arizona. Our Attorneys will be a valuable asset to your freedom.
Improper Breath Testing
If a police officer expects you of driving drunk, you’ll probably end up subjected to a Breathalyzer test. As mentioned, refusing one results in a one-year driver’s license suspension. But the police also have responsibilities when it comes to administering Breathalyzer tests. The police must observe a driver for at least 15 minutes before testing their breath to ensure they haven’t eaten, drank, smoked, vomited, or burped prior to the test, as these can all affect the test results. The driver could also have medical conditions that cause false positives on Breathalyzer tests. Even certain diets can affect a Breathalyzer reading. Your defense attorney can help poke holes in the police’s testimony regarding your breath testing if they violated protocol. This can improve your bargaining position or even win you a “not guilty” verdict at trial.
Plea Deal Negotiation
Sometimes, the evidence the police has against you may be too stacked to risk going to trial. With the right representation, it may be worth it to plead guilty in cooperation with the prosecution to avoid harsher penalties. For example, if you are charged with Extreme or Super Extreme DUI, you may be able to have your charges reduced to standard DUI charges. Or if you were arrested for a standard DUI, the prosecution may allow you to plead guilty to a charge like reckless driving instead. This can help you avoid mandatory jail time and look less negative on your record. For more information about plea deal negotiation, call for your free consultation at 480-833-8000.
CONTACT ARIZONA’S BEST DUI DEFENSE LAW FIRM
If you have been charged with DUI in Glendale, Phoenix, Mesa, Chandler, Scottsdale, Avondale, Gilbert or Tucson, contact My AZ Lawyers to find out how our experienced team may be able to help you. However, our lawyers will work with you to explore the best strategy for defending your case to get a just outcome that does not ruin your life. Therefore, call us toll-free today or drop us a line to find out how our lawyers can give you the DUI help that you need so you can protect your future.
We can help you gather evidence, deal with police questioning, negotiate a plea bargain, and more, which will all help you face reduced penalties after an Arizona drunk driving arrest. Less jail time, fines, driver’s license suspension, and more, will help you move on with your life. Thus, to see which defenses might be possible in your case, and to receive an affordable quote for legal representation with payment plan options, fill out our online form or call our office at 480-833-8000.
CONTACT US – WE CAN HELP!
EXPERIENCED DUI LAW FIRM IN ARIZONA
With My AZ Lawyers
DUI: DRIVING UNDER THE INFLUENCE IN ARIZONA
It is against Arizona law for any person to drive or be in actual physical control of a vehicle while under the influence of an intoxicating liquor or drug. You give consent to test for BAC or BADC when you apply for and receive an Arizona driver’s license. BAC or BADC is Blood Alcohol Concentration or Drug Content. The Implied Consent Law means that if you hold an Arizona driver’s license, you understand that if you are requested to submit to a BADC test, you must comply. A BADC test of breath, blood, or urine may measure the amount of alcohol or drugs present in your bloodstream. If a law enforcement officer has reason to believe you are driving impaired or under the influence, they may subject you to a test.
ARIZONA DUI DEFINITIONS
The Motor Vehicle Department (MVD) of Arizona defines levels of DUI by blood alcohol concentration.
DUI – A standard DUI offense is driving a vehicle with a BAC of .08% or higher (commercial vehicle .04% or higher), or if you are under the age of 21 years old and have any percentage BAC.
EXTREME DUI – A DUI offense with a BAC of .015% or more.
AGGRAVATED DUI – An offense where a DUI is committed when a driver’s license suspended, cancelled, or revoked, it is a 3rd offense within 84 months, or a DUI is committed while driving with a child (passenger under the age of 15).
DUI PENALTIES – Each classification of DUI in Arizona has different penalties. The more severe DUI, the more severe the consequences. In some cases, depending on the discretion of the court and specific circumstances of the arrest, Arizona residents have been charged with DUI even if they have less than the defined BAC legal limits.
ARIZONA’S BEST DUI DEFENSE ATTORNEY
When an arrest concerns to alcohol and drug related cases, you need the expertise of an experienced Arizona DUI lawyer and criminal defense law firm. However, My Arizona Lawyers are experts in Arizona Drunk Driving laws and will fight for your rights. Therefore, our experienced attorneys will benefit your defense.
Seeking the legal representation from a competent AZ Criminal Defense attorney could mean reduced or dismissed charges or sentencing. For example, a drunk driving charge has the possibility to be reduced to Reckless Driving. However, this is an example case where you need the best Arizona DUI defense attorney.
Fighting a drunk driving charge in Phoenix and Tucson, Arizona means you need a competent attorney who will examine the case. And, they will determine whether or not you can or should pursue a defense. In fact, there are several cases where charges were dropped. Thus, in order to reduce charges or seek a reduced sentence, get the legal representation of an attorney with a very strong understanding of the law and legal DUI case precedents.
Our law firm and Arizona Criminal Defense team will explore every detail in your case. Additionally, we will also prepare a solid defense to come to the best possible resolution for you case and charges. Contact our Phoenix DUI Lawyers to schedule a free case evaluation and consultation with an attorney. Plus, you will be able to ask an expert DUI attorney about your case, and you will get honest advice and answers.
ARIZONA CRIMINAL DEFENSE ATTORNEY
Consider some factors when deciding if you want to make a call to seek the assistance of an attorney for a drunk driving arrest. Take advantage of the no hassle, no obligation, free consultation that we offer Arizona residents. Discover how knowledgeable the attorneys are with the AZ DUI law. It is also important that you choose a law firm that is familiar with the DUI laws.
Also, you need to choose a law firm that has considerable experience representing driving under the influence cases in Arizona. Plus, our Criminal Defense DUI attorneys dedicate themselves to defending DUI cases. We also have expertise in the DUI laws that are specific to Arizona. My AZ Lawyers Criminal Defense team communicates with their clients throughout the course of the case. Furthermore, My AZ Lawyers Criminal Defense team know the courts, they know the legal system, and they know the prosecution.
If you have been arrested for DWI or Driving Under the Influence of any level in Arizona, you are facing some serious charges and harsh penalties. An effective criminal defense attorney will protect your rights and defend your charges. If you have a competent attorney representing your drunk driving charge, the chances of getting a criminal charge dismissed or lessened increase. Also, My Arizona Lawyers provide affordable legal help for Arizona. The attorneys and staff that make up the Criminal Defense team dedicate themselves to winning, professional, and aggressive when it comes to defending your rights.
ARIZONA DUI LAWS
Driving a vehicle with a blood alcohol content (BAC) of .08% or more is breaking the law in Arizona. The law states a specific limitations; however, just because a BAC is measured under .08%, does not mean you cannot be arrested for and prosecuted for driving under the influence. It is unlawful for a person to be in physical control of a vehicle while under the influence of any drug, intoxicating liquor, vapor releasing substances containing a toxic substance if the person is impaired to the slightest degree. “Impaired to the slightest degree” are the key words in the Arizona statute.
If your BAC is .08 or higher and you are arrested for driving under the influence, you surrender your drivers license to the officer immediately. A 30-90 day suspension and restriction of you driving privileges will be issued. This suspension turns into 12 months if the driver refuses to take the BAC test.
THE BAC BASICS
BAC stands for Blood Alcohol Concentration. It is the measurement of alcohol in your system. It is illegal to drive in Arizona with a BAC of .08% or higher. There are many factors that affect BAC. Each person metabolizes or absorbs alcohol at different rates, so it is difficult to exactly determine how many alcoholic drinks equals a given BAC level. The following chart provides an estimation of BAC levels. Download the My AZ Lawyers app for a BAC calculator.
DUI ARREST IN ARIZONA
An Arizona police officer use field sobriety tests (FSTs) to determine and assess whether a driver may be impaired. A drunk driving arrest in Arizona requires probable cause, and a DUI stop requires reasonable suspicion. To pull a driver over, an officer must have reasonable suspicion that the driver is breaking a law. A DUI checkpoint is an exception to this rule. An officer can legally justify a drunk driving arrest by supporting probable cause with evidence.
There are frequent scenarios and common reasons that are on an officer’s radar and part of their determination of probable cause and suspicion for stopping a driver. Any traffic violation give police reasonable suspicion to make a traffic stop. A traffic accident or collision is another reason for the police to be involved. An officer will typically look for indications of intoxication when investing an accident. Also, it is not uncommon for police to stop a driver because they are driving badly: swerving, driving extremely slow, or driving in the wrong directions. After pulling over a driver, police will look for evidence of impairment such as the smell of alcohol, slurred speech, different behaviors, or bloodshot eyes. Field sobriety tests and breathalyzer tests can prove an officer’s determination for probable cause.
Additionally, a police report is prepared by the police officer. This is a written record of your arrest and any evidence that needs to be documented. The police report record is shared with the prosecutor and court. This record can be made available to your attorney at the first hearing in court.
WHY YOU NEED TO TALK TO A DUI ATTORNEY
If there was lack of probable cause or there is no evidence to support reasonable suspicion, the court may throw out any evidence obtained after an illegal stop for driving under the influence. Reasonable suspicion and probable cause scenarios need to be thoroughly investigated and involve specific inquiries regarding the facts. This is why an attorney who knows the Arizona druk driving laws explicitly may be able to help you prepare a defense against a DUI charge.
How does the Arizona law apply to your case? My Ariona Lawyers can help you determine if you have a viable defense, and tell what your options may be. Our lawyers will be a very important step on your way to freedom. Contact us today.
A drunk driving charge may go to all the way to trial. If so, you need the attorneys of My Arizona Lawyers at your side. Also, the protection needs to prove the crime beyond a reasonable doubt. If not, the jury should aquit. Additionally, our Phoenix DUI staff and lawyers know what needs to be proven to get a DUI conviction. Tial or not, you are better off if you have the legal representation of an attorney.
COMMON DUI DEFENSES IN PHOENIX AND TUCSON
There are some common DUI case defenses. Therefore, you may have a case if you weren’t actually caught behind the wheel or weren’t actually driving/in physical control of the vehicle when you were arrested for driving under the influence. Additionally, another drink driving defense is arguing that you were actually “impaired.” Often times the accuracy of the breathalyzer test is disputed or blood tests are challenged because of the manner in which the tests were given or other issues concerning the tests. Whereas, field sobriety test validity is also a justification by officers to make an arrest, and are oftentimes challenged.
FIELD SOBRIETY TESTS
Drivers may be asked by an officer who suspects impairment to perform a field sobriety test. Plus, these tests are voluntary and developed to make determinations as to whether a driver may be under the influence. Also, a driver’s performance on FSTs may give the legal justification or probable cause that an officer needs to make a drunk driving arrest. Thus, some examples of a FST are the one leg stand, the horizontal gaze, and the walk and turn test.
You will lose your drivers license and the privilege to drive if you are stopped for DUI and a test shows your BAC to be 08% or higher. If you refuse to submit to tests after being arrested, you automatically lose your driving privilege for 12 months. Arizona has mandatory minimum penalties if you are convicted of driving under the influence. Court fines, jail time, and required interlock ignition device are imposed penalties. Your car insurance rates will likely increase after a DUI conviction.
A DUI first offense in Arizona includes jail time, fees, required ignition interlock device, and community service. If charged with driving under the influence first offense, you will be required to undergo alcohol screening treatment and education. An ignition interlock device is equipment that is mandatory to install in any vehicle you operate. The device is a breath alcohol testing instrument which is connected to the ignition and power system of the vehicle. Before attempting to turn the ignition, the driver must blow into the device. The vehicle will not start if it detects alcohol above a certain level. The driver also blows into the device at random intervals while operating the vehicle.
When a person is convicted of having a BAC of .015% or higher, the penalties include jail time, fines, alcohol education and treatment classes, community service, and a required installation of an ignition interlock device.
Second and subsequent DUI and EXTREME DUI carry even more severe penalties.
When a person is charged with driving under the influence when they are found guilty of operating a vehicle with a revoked, suspended, or canceled drivers license, has been arrested 3 times for DUI within 84 months, or makes a DUI offense while a passenger under the age of 15 is in the vehicle. Thus, penalties for aggravated DUI includes a prison sentence, a revoked drivers license, required alcohol treatment and education, community service, and required certified ignition interlock device in vehicle.
SUPER EXTREME DUI
In Arizona, a DUI is Super Extreme if a driver’s BAC is .200 or higher. Super Extreme Driving Under the Influence is a misdemeanor, but carries a great jail term equivalent to those of most first time felonies. A convicted Super Extreme DUI individual faces an extended period of a required ignition interlock device. The individual needs to take care of the installation and maintenance of the device. Super extreme DUI offenders will serve an extended jail period. Also, there is a good chance that your name and/or picture will become the focus of a list of drunk driving offenders. There are increased penalties for a Super Extreme DUI.
DUI CASE EVALUATION
My AZ Lawyers understands that you have much to lose with a drunk driving conviction. A DUI conviction could affect your family, your finances, your professional career, and your future. Therefore, call to speak with an experienced criminal defense attorney at My AZ Lawyers. An aggressive, knowledgeable Phoenix DUI Lawyer will take the information and specifics from your particular situation and examine evidence and analyze arrest details. Our best Arizona DUI attorneys that specialize in Driving under the Influence arrests in Arizona are familiar with the court proceedings and the law.
Our Drunk driving law firm and staff is respected because they are skilled, experienced, and they give realistic options and honest advice. Because an arrest for driving under the influence on your record can leave a serious impact on your life. Therefore, you may need to consider discussing your case with a lawyer.
Lastly, allow our Arizona DUI lawyers to help you face your offense and represent your rights. Call our office to schedule a free case evaluation and let us help you with any questions or concerns you may have regarding your charges. The DUI team at our law office can assess your case and build a defense for a reasonable and best possible desired outcome. Furthermore, we will help you prepare you for the court process, and help protect your reputation and your rights. My AZ Lawyers provides affordable, expert legal representation for Arizona.
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