DUI

Substantial Collateral Consequences May Result From a DUI Conviction

In addition to the fines imposed by the judge in your DUI case, a conviction will result in collateral repercussions that will have a lasting influence on your life. Several instances of collateral effects include:

• Loss of eligibility for several jobs, educational possibilities, and housing options;
• Permanent or temporary revocation of your Commercial Driver’s License (CDL);
• Professional licensure measures;
• Immigration consequences (including possible deportation or removal); and
• Travel limitations.

You must avoid a DUI conviction regardless of age, profession, or financial situation. Fortunately, hiring our skilled DUI lawyer in Phoenix is less expensive than many believe. Paying an attorney now can result in significant savings in the future.

Numerous Misconceptions Exist Regarding DUI Cases in Arizona

There are other prevalent misunderstandings about facing DUI charges in Arizona and the expense of hiring legal counsel. Did you know, for instance, that the police are not compelled to tell you your Miranda rights? Did you know that refusing to submit to a breath test can result in license suspension and that there are many options to contest the validity of your BAC reading? These are only some things that only someone who knows the state DUI process can know.

There Are Several Potential Defenses to DUI Allegations

In Arizona, contesting the accuracy of your BAC level is one of the many possible defenses to a DUI charge. To discover what defenses you can utilize against your DUI accusation, you will need to consult with our seasoned attorney, who can apply the law to the specifics of your case.
Did the arresting officer violate your Constitutional rights? Were the breathalyzer or field sobriety tests (FSTs) administered improperly? Did you lack “actual bodily control” of your vehicle? These are a handful of the countless factors that might serve as a thorough DUI defense.

You Could Possibly Protect Your Driver’s License

In Arizona, if you are arrested for DUI, you will lose your license unless you take the proper actions to safeguard it. This is true even if you were falsely charged. The Arizona Motor Vehicle Division (MVD) handles your case’s driver’s license suspension aspect, wholly independent of your criminal court procedure. To protect your driver’s license during the pendency of your case, you must request an administrative hearing within 15 days.

There Are DUI Lawyers on the Opposite Side

Whether you employ our knowledgeable DUI lawyer in Phoenix, AZ, or not, there will be lawyers on the other side of your case. The local prosecutors will work diligently to get your conviction, and they will not take it easy on you because you have chosen to defend yourself.

You Have Only One Chance to Secure Your Future

The most significant reason to contact our skilled Phoenix DUI lawyer for your Arizona DUI case is that you only get one shot to safeguard your future. Although there are grounds for appealing a DUI conviction, they are restricted and not applicable in all instances. With so much at stake, you should avoid taking needless risks and instead depend on the counsel and defense of our seasoned DUI lawyer in AZ.

What Are the Different DUI Cases That We Handle?

If you have been charged with DUI in Arizona, the time to act is now. The experienced Phoenix DUI lawyer at EZ Legal Fees by WantAFreshStart assists clients with all forms of driving under the influence offenses, including but not limited to:

Extreme DUI

In an extreme DUI case, the difference between a “regular” DUI and an “extreme” DUI is a suspect’s high blood alcohol concentration. Extreme DUIs necessitate stronger minimum sentences because the suspect is severely intoxicated and poses a danger to others. A conviction results in harsher monetary fines, greater prison time, a longer interlock requirement, and a more intensive therapy component.
Additionally, you should be aware that if you are facing extreme DUI accusations, it is almost inevitable that you will also face DUI charges. This happens because a standard DUI is considered a lesser included offense of extreme DUI.

Super Extreme DUI

A conviction for a super extreme DUI carries a more severe statutory minimum term because a super extreme DUI entails a higher level of predicted impairment and a larger likelihood of social harm. Consequently, greater jail time, larger penalties, a more intensive treatment component, and a lengthier interlock requirement than for a standard or serious DUI conviction. Notably, if you are charged with a super extreme DUI, you will nearly always also be charged with a normal DUI and an extreme DUI, as both are lesser included crimes of super extreme DUI. If you have questions regarding the distinctions between super extreme DUI, extreme DUI, and standard DUI, consult a DUI lawyer in Phoenix, AZ, from EZ Legal Fees by WantAFreshStart.

Aggravated DUI

At EZ Legal Fees by WantAFreshStart, our skilled Phoenix DUI lawyer has defended clients against various aggravated DUI offenses. In Arizona, a person will be charged with aggravated DUI for the following reasons:

Third DUI Offense Within Seven Years

A person caught with a third DUI incident within seven years will be charged with aggravated DUI, a class 4 felony punishable by up to 3.75 years in prison. This offense carries

• A mandatory minimum sentence of four months in state prison,
• Up to ten years of supervised probation,
• Substance abuse screening and counseling,
• Fines and assessments,
• A three-year license revocation, and
• The installation of an interlock device upon driver’s license reinstatement.

DUI While Driving With a Suspended, Revoked, or Restricted License

The performance of a DUI when the offender’s license is suspended, revoked, or restricted is a class 4 felony. This means it carries the same punishment as three DUI offenses within seven years. The mandatory minimum includes:

• Four months of imprisonment;
• Up to ten years of supervised probation;
• Substance abuse screening and counseling;
• Fines and assessments;
• A three-year license revocation; and
• The installation of an interlock device upon driver’s license reinstatement.

DUI With Interlock Limitation

It is a class 4 felony punishable by up to 3.75 years in prison if a person commits a DUI while mandated to have an interlock device installed in their car. However, the mandatory minimum sentence for this offense includes:

• Four months of imprisonment;
• Up to ten years of supervised probation;
• Substance abuse screening and counseling;
• Fines and assessments;
• A three-year license revocation; and
• The installation of an interlock device upon driver’s license reinstatement.

DUI With a Minor Passenger Under Age 15

A DUI committed with a minor passenger in the vehicle is a class 6 felony punishable by up to two years in prison. Probation is possible, and the statutory minimum punishment varies according to the offender’s BAC. Still, it always includes fines and assessments, drug addiction screening and counseling, and a prison sentence. Upon conviction, the driver’s license will be revoked, and they will need an interlock device.

Wrong Way DUI

A person commits a wrong way DUI if, in the course of committing a DUI violation, they drive the wrong way down the road. A wrong-way DUI is a class 4 felony. The mandatory minimum punishment for this felony includes:

• Four months of imprisonment,
• Fines and assessments,
• Suspension of driving privileges, and
• Installation of an ignition interlock device upon driver’s license reinstatement.

Drug DUI

Most people know in Arizona that you may be arrested for driving under the influence of alcohol. A person is arrested and charged with DUI drug possession if they are accused of driving or being in real physical control of a vehicle while under the influence of an illicit substance, an unprescribed prescription medication, or its psychoactive metabolite.
The state is not required to show impairment to achieve a conviction for this crime. Instead, they must demonstrate that the defendant drove or was in real physical control of a vehicle while under the influence of a controlled drug.
Our skilled Phoenix DUI lawyer might raise an affirmative argument if the defendant possesses a prescription for the medication or its active metabolite. The defendant may avoid conviction by demonstrating that they took medicine as recommended.

A charge of drug DUI is often a misdemeanor. A conviction for drug DUI results in a one-year suspension of driving privileges. Other than that, the penalties for drug DUI are identical to those for non-extreme DUI. Learn more about drug DUI charges in Arizona by consulting our seasoned DUI lawyer in Phoenix, AZ.

What Are the DUI Laws in Arizona?

Like every other state, Arizona prohibits driving under the influence of drugs or alcohol (DUI). Under Arizona law, you can be convicted of DUI if you were driving or in physical control of a motor vehicle and if the prosecution proves any of the following:

• You were under the influence of alcohol, narcotics, or a poisonous substance and were even minimally impaired;
• You had a Blood Alcohol Content (BAC) of 0.08 percent or higher within two hours of driving or controlling a vehicle, and you drank alcohol before or while driving;
• Any quantity of the substances on the list, including cannabis, were detected in your system; or
• You were operating a commercial vehicle with a blood alcohol concentration of 0.04 percent or greater.

Prosecutors in Arizona could prosecute you even if your BAC were below 0.08 percent. If law enforcement fails to acquire a blood alcohol test, they can also be convicted on DUI charges. Conversely, if your BAC was at least 0.08 percent, prosecutors can assume you were under the influence of alcohol.
Even if you received a legitimate prescription, you might be convicted of driving under the influence if the police find narcotics in your system. In Arizona, a DUI is typically a Class 1 misdemeanor.

What Can Be the Possible Penalties for a DUI in Arizona?

The penalty for a conviction for DUI depends on your BAC level and if you have been convicted of DUI within the past seven years. For a first-time DUI conviction, the following penalties are possible:

• At least ten days in prison
• A financial penalties
• Placement of an ignition interlock device
• Voluntary service
• Alcohol screening at random drug or alcohol therapy or treatment mandated by the court

For second and subsequent DUI crimes, heavier penalties apply, including:

• At least ninety days in prison
• A financial penalties
• A driver’s license suspension for a year
• Placement of an ignition interlock device
• Voluntary service
• Alcohol screening at random drug or alcohol therapy or treatment mandated by the court

The penalties for a DUI conviction are severe, especially for first-time offenders. However, it may be possible to avoid imprisonment and hefty fines. EZ Legal Fees by WantAFreshStart can provide you with the assistance of an experienced Phoenix DUI lawyer in your battle against accusations. Call us to schedule a free case evaluation and find out how our skilled DUI defense team can make a difference in your case.

What Can Be the Possible Penalties for Extreme DUI Charges in Arizona?

If your blood alcohol concentration is 0.15% or above, following Arizona’s DUI statutes, the repercussions are substantially more severe. In other words, the situation gets more serious if the authorities discover that you are under the influence of alcohol to an extraordinary degree.
If your BAC was between 0.15% and 0.20%, you might be guilty of “extreme” DUI. The punishments for an extreme DUI include:

• Minimum of thirty days in prison,
• Payment of a penalty,
• Implementation of an Ignition Interlock Device (IID),
• Voluntary service,
• Randomized alcohol testing, and
• Counseling or treatment for alcohol or drugs imposed by the court

For a second violation with a BAC between 0.15% and 0.20%, the prison term increases to 120 days. In addition to installing an IID, you will be required to pay a fine and lose your license for a year.
You might face super extreme DUI charges if your BAC was 0.20% or above. In addition to placing an IID on your car, a first-time offender must serve at least 45 consecutive days in jail, pay a fine, and undergo court-ordered therapy or rehabilitation.

What Can Be the Possible Penalties for Aggravated DUI Charges in Arizona?

The crime of aggravated DUI is a felony. Upon conviction, you will face:

• Maximum of two years in jail,
• Financial penalties,
• A one-year suspension of the driver’s license,
• Alcohol testing, guidance, and treatment,
• Implementation of an Ignition Interlock Device (IID), and
• Voluntary service

In addition, you will have a felony on your criminal record. You may be required to declare your conviction when applying for employment or housing. Regardless of the severity of your DUI arrest, you should always employ a robust defense approach.
Our competent DUI lawyer in Phoenix, AZ, is familiar with the techniques most likely to succeed in Maricopa County Superior Court and local courts. To discover more, contact us now for a free consultation.

What Are the Most Frequently Used DUI Defense Strategies?

A frequent assumption is that there is no way out if you are accused of driving under alcohol (DUI). You should probably save some time and plead guilty. But this is not the case. There are several defenses to a drunk driving charge. Contact the knowledgeable DUI lawyer in Phoenix, AZ, at EZ Legal Fees by WantAFreshStart for more information. Here are a few of the several techniques to defend oneself against a DUI:

Unauthorized Stop of Person or Vehicle

A police officer cannot detain a motorist unless they have articulable and reasonable suspicion that the motorist has committed a traffic infraction or a crime. Similarly, the police cannot take a person without probable cause that a breach of the law has occurred.

Unlawful Detention

If police stop a vehicle for a known or suspected traffic offense, they cannot extend the reason or duration of the stop without a new cause. In other words, if the police stop a vehicle for speeding, they cannot initiate a DUI inquiry without specific information that would lead a reasonable person to infer that the driver was impaired by alcohol or drugs.

Failure to Show Driving

A defendant’s admission to driving alone is insufficient to show driving under the influence.
Poor Weather
Weather reports that indicate heavy gusts, poor visibility, and other factors might explain poor driving or balance.

Unreasonable Search

Police officers are barred from searching a person or their car after stopping them for a minor traffic violation. They may not search a vehicle without the driver’s agreement or reasonable suspicion that a crime has been committed. Any unlawfully obtained evidence is not acceptable in court.

Prior Conflicting Statements by the Officer

Any comment a police officer made in the past, whether orally, in police reports, or during earlier court processes, may be used to throw doubt on that officer’s credibility.

Previous Officer Disciplinary History

A police officer’s disciplinary history might be used to throw doubt on their reliability.

Body Cameras or Vehicle-Mounted Cameras

The suspect’s driving and performance on field sobriety tests are increasingly documented. Frequently, these recordings contradict police testimony.

Incorrect Field Sobriety Test Conducted

According to the National Highway Traffic Safety Administration (NHTSA), inadequate field sobriety tests do not provide admissible proof of drunkenness.

The Standard Field Sobriety Test is Unreliable

Frequently, police officers perform or interpret field sobriety tests improperly. In healthy persons, for instance, the government’s research indicates that the one-leg stand and walk-and-turn tests are less than 70% effective in predicting alcohol impairment. In addition, drivers with injuries or certain medical problems, who are 50 pounds or more overweight, or who are 65 or older do not qualify for these exams.

Improper Non-Standardized Field Tests

The NHTSA and medical science do not recognize activities like tapping one’s finger to their nose, reciting the alphabet, or counting backward as legitimate sobriety tests.

Unbiased Witnesses

Independent witnesses to accidents, such as bartenders, hospital staff, and others, can frequently give critical proof of a defendant’s sobriety.

Qualified Witnesses

Breath tests, blood tests, and field sobriety tests are available to be reviewed by qualified experts.

Health and Medical Issues

The results of field sobriety tests can be impacted by a person’s legs, arms, neck, back, and eyes. Additionally, numerous medical disorders might impact the accuracy of breath test findings.

Breath Testing is Not Reliable

Practically all experts acknowledge that breath testing is susceptible to various mistakes, including a 10% error rate and subject-specific factors. For instance, a rise in body temperature might result in a reading that is 8% too high.

Unlicensed Performer of a Breath Test

In Arizona, the officer administering the breath test must possess a valid, unexpired driver’s license; otherwise, the test results are inadmissible.

Breathalyzer Machine Equipment Failure

Breath test findings are inadmissible and liable to suppression if the breath test apparatus employed in the case has recently malfunctioned or been repaired.

Utilization of a Breath Testing Device Recognized for Inaccuracy

While we would all want to believe that the authorities would not use an erroneous instrument to test a driver’s breath, this occurs frequently. In Arizona, the dismissal of all BAC charges is possible if the police utilize a defective breathalyzer.

Failure to Perform Parallel Testing

For breath test results to be accepted, double testing must be performed, and the results must be within 0.02% of one another.

Unapproved Breath Testing Instrument

A breath testing instrument must be on the Federal List of Approved Breath Evidential Instruments and be approved by the Arizona Department of Public Safety or the Department of Health Services. Otherwise, the test findings are inadmissible.

Failure to Use a Procedure Checklist

The test results are invalid if the breath test operator fails to follow the Arizona Department of Public Safety checklist.

Prohibited Portable Breath Test

Arizona law bans using portable breath test results as evidence of a person’s claimed breath alcohol content in any proceeding.

Not Conducting Observation Period

For breath test results to be acceptable and admissible in Arizona, a motorist must be constantly watched for at least 20 minutes before taking the test. With duplicate breath tests, an individual must still be watched for at least fifteen minutes.

Interfering Substances

Many products, including paint, asthma inhalers, cough medicines, and nail polish, include alcohol. These substances can invalidate breath test results.

Phlebotomy Room Videos

In Arizona, “qualified” police officers can take blood from DUI suspects. Numerous police stations record suspects in the phlebotomy room on film. Despite contrary police testimony, these videos frequently demonstrate that the driver has clear speech and good balance.

Inadequate Preservation of Blood Evidence

Frequently, police personnel fail to properly package or preserve blood evidence in DUI cases, resulting in erroneous test findings.

Erroneous Blood Test at Hospital

In healthy, undamaged individuals, hospital blood tests can overstate a person’s real level by up to 25 percent, and they are statistically unreliable in critically wounded patients.

Hospitalization for Medical Care

When certain medical treatments, such as lactate ringers, are administered before a blood draw, the hospital blood serum results will indicate erroneously raised and, consequently, incorrect findings.

Incorrect Blood Collection Procedures

The Department of Public Safety and the Department of Health Services has established requirements for all blood draws in Arizona. The findings of a blood test are inadmissible if the proper procedures are not followed.

How to Reduce a Phoenix DUI Charge?

If you wish to have a DUI charge reduced in Arizona, you must examine several things. In addition to the offender’s Blood Alcohol Content, the legal and factual aspects of the case will also be evaluated. Rarely the outcome of a lawsuit will depend on the individual involved. These variables will be addressed if the defendant is a college student, police officer, or even a patient since they make for an intriguing defense.
Every DUI case is unique. In each case, the police report and the circumstances that led to the arrest are unique. Our experienced DUI lawyer in Phoenix, AZ, understands what to look for in the police report and where to seek concealed information. A novice attorney may overlook these particulars.
Never will the largest city court, Phoenix, lower a DUI case to reckless driving. Under the appropriate legal and factual conditions, all other cities are open to it. If we believe a plea bargain is a preferable alternative for our client, we may contact the prosecutor for a deal, depending on the case’s specifics.

What Are the Advantages of Having a Reduced DUI Charge?

A DUI offense on one’s criminal record complicates life in several ways. Typically, a conviction for DUI will make it impossible for the individual to maintain their existing career, pursue higher education, or travel to specific countries. In addition to higher insurance rates, various penalties and fees, and the prospect of jail time, a DUI conviction also increases insurance premiums.
If the DUI allegation is lowered to reckless driving or wet reckless driving, the accused will face less severe charges and punishments. Additionally, fines and the likelihood of imprisonment are lowered. Additionally, the license will not be suspended or revoked.
If you are facing a DUI charge in Phoenix, Arizona, you need our experienced DUI lawyer’s assistance. A careless driving conviction is preferable to a DUI conviction. In addition, it does not carry the same fines and shame as a DUI. Contact EZ Legal Fees by WantAFreshStart for a free consultation on reducing or dismissing your charges.

How Can Our Skilled DUI Lawyer in Phoenix, Arizona, Help?

Criminal defense is a complicated area. Depending on the specifics of your case, our DUI lawyer may be able to negotiate a dismissal of your DUI charges in exchange for a reckless driving conviction or even a complete dismissal. Many may be surprised to learn that DUI is a very specialized field of law. Your best chance of success is hiring a top DUI lawyer in Phoenix, AZ, with the experience, knowledge, and skill to prepare the best defense possible.
Our skilled Phoenix DUI attorney will examine your case for legal or factual flaws and utilize them to create a defense. In addition, we may have your blood sample independently examined, search for suppression issues, study calibration data for the breath test equipment, discover the correct expert witnesses for your trial, and assist you with any MVD-related driver’s license problems.

EZ Legal Fees by WantAFreshStart’s legal team has a good track record of winning DUI cases. Our law office handles numerous DUI cases throughout Arizona, and we are committed to providing our clients with the superior customer care and competent legal counsel they deserve.

Get in Touch With Our DUI Lawyer Today

Phoenix’s judges and prosecutors take DUI charges very seriously. Expect the prosecution to do everything necessary to secure a conviction. EZ Legal Fees by WantAFreshStart’s legal team will fight diligently to defend you. Contact us immediately for a free consultation with our skilled DUI attorney in Phoenix, AZ.