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» Arizona DUI Defense

Arizona DUI Defense

Phoenix DUI

(Obligatory DUI Lawyer Stock Photo – Taken In England, Apparently)

Arizona DUI defense can be a challenging task. It takes a lot of knowledge and a willingness to fight to get a good result, so choosing a lawyer is extremely important.  There are many factors you and your lawyer should discuss and consider when evaluating your DUI case, whether it is a misdemeanor or felony charge. The Phoenix DUI attorneys at Brown & Little, P.L.C. are highly experienced and have handled hundreds of cases throughout Arizona. We take our job of aggressively defending your freedom in these cases very seriously.

If you have been charged with a Phoenix DUI or drunk driving felony or misdemeanor offense anywhere in Arizona, our legal team charges $100 for consultations.   We will not give you a high pressure sales pitch, but rather an honest, thorough evaluation of your case.  There are no glossy-menu pricing options or slick presentations here, just real advice from an experienced DUI lawyer.

We handle the following types of Arizona misdemeanor DUI and felony DUI cases:

– First Offense DUI
– Second Offense DUI
– Third Offense DUI (Aggravated DUI / Felony DUI)
– DUI with License Suspended (Aggravated DUI / Felony DUI)
– DUI with Interlock Requirement (Aggravated DUI / Felony DUI)
– DUI with Child in the Car (Aggravated DUI / Felony DUI)
– Any other misdemeanor DUI
– Any other felony DUI
– Extreme DUI
– Super Extreme DUI

As you can see, there are numerous different types of DUI in Arizona. Some important facts concerning Arizona DUI laws and penalties might be of interest to you:

BAC Level – The BAC level (blood alcohol content level) for you to be presumed impaired in Arizona is 0.08%. If you have a blood alcohol level that is less than that, there is either no presumption (if it is 0.05% to 0.08%) or a presumption that you are not impaired (if it is under 0.05%). If your BAC is over 0.08%, you can be convicted of DUI in Arizona even if you prove you are not impaired.

Under 21 – There is a Zero Tolerance law for individuals under the age of 21 who are charged with drinking and driving or Phoenix DUI. If you are not old enough to drink, your BAC Level cannot legally be greater than 0.00% while in actual control of a motor vehicle.

Misdemeanor v. Felony – No matter how high your BAC is, your first DUI will not be a felony unless your license is suspended, you have a child in the car, or some other factor turns it into an Aggravated DUI. The penalties vary widely based on your BAC, however.

The Arizona Department of Transportation provides the following information about an Arizona DUI:

Driving Under the Influence

It is unlawful for any person who is under the influence of intoxicating liquor or any drugs to drive or be in actual physical control of any vehicle. There are many conditions that can affect your ability to drive even after one drink; for example, body weight, emotional state or physical condition. The best rule to follow is still: If you drink, do not drive.

When you apply for and accept the privilege to drive a vehicle in Arizona, you give consent to test for blood alcohol concentration or drug content (BADC) if you are arrested for driving while under the influence of intoxicating liquor or drugs (DUI). This is known as the Implied Consent Law.

When a law enforcement officer has reason to believe you have been driving while under the influence, the officer will request that you submit to a BADC test of your blood, breath, urine or other bodily substance to measure the amount of alcohol or drugs present in your bloodstream.
DUI Penalties

If you are stopped for driving under the influence and a test shows that you have an alcohol concentration of 0.08 percent or more (0.04 in a commercial vehicle requiring a commercial driver license), or if a blood alcohol or drug test result is not available, you will lose your driving privilege on the spot. In addition you will be required to complete alcohol or drug screening before you can obtain a restricted permit or reinstate your driving privilege.

It should be understood that you may be found guilty of driving while intoxicated or while under the influence of any drug or its metabolite even though the blood alcohol concentration was less than 0.08 percent. If you are under 21, your license may be suspended if there is any alcohol concentration.

If you refuse to submit to or do not successfully complete any tests when you are arrested for driving under the influence, you will automatically lose your driving privilege for 12 months or 24 months for a second refusal within 84 months. In addition you will be required to complete alcohol or drug screening before you can obtain a restricted permit or reinstate your driving privilege.

In addition to any criminal penalties imposed by the court for a second or third offense DUI violation, your driving privilege will be automatically revoked.
DUI

First offense: You will be jailed for not less than 10 consecutive days and fined not less than $1,250. You will also be required to undergo alcohol screening/education/treatment and to equip any vehicle you operate with a certified ignition interlock device, and be ordered to perform community service.
Second and subsequent offenses: You will be jailed for not less than 90 days and fined not less than $3,000 and your license will be revoked for 12 months. You will also be required to undergo alcohol screening/education/treatment and to equip any vehicle you operate with a certified ignition interlock device, and be ordered to perform community service.

Extreme DUI

This category of DUI applies to a person with an alcohol concentration of 0.15 or higher.

First offense: You will be jailed for not less than 30 consecutive days with no eligibility for probation or suspended sentence and fined not less than $2,500. You will also be required to undergo alcohol screening/education/treatment and be ordered to perform community service and to equip any vehicle you operate with a certified ignition interlock device.
Second and subsequent offenses: You will be jailed for not less than 120 days, fined not less than $3,250 and your license will be revoked for 12 months. You will also be required to undergo alcohol screening/education/treatment and to equip any vehicle you operate with a certified ignition interlock device, and be ordered to perform community service.

Aggravated DUI

This category of DUI applies to a person who commits a DUI while suspended, revoked or canceled; commits a third DUI in 84 months; commits a DUI while a person under 15 is in the vehicle; or commits a DUI or refuses to submit a blood alcohol content test while under an ignition interlock device requirement.

You will be sent to prison for not more than two years and, in addition to any other penalty required by law, your license will be revoked for three years. You will also be required to undergo alcohol screening/education/treatment and to equip any vehicle you operate with a certified ignition interlock device, and be ordered to perform community service.
Certified Ignition Interlock Device

A certified ignition interlock device is a breath alcohol testing instrument connected to the ignition and power system of the vehicle. The driver blows into the device before attempting to turn the ignition. If the driver’s alcohol level is above a certain level, the vehicle will not start. While the vehicle is operating, the driver must blow into the device at random intervals.

These fines and penalties can have a huge impact on your life, especially if you have a commercial class drivers license and your occupation as a professional driver is at risk. It is important to consult with an experienced Phoenix criminal attorney who will fight for your freedom and has a very thorough understanding of Arizona DUI procedures, laws, and penalties. At Brown & Little, P.L.C., we have handled many different types of DUI cases with success. We promise to aggressively fight for your freedom, just as we have for all our clients in the past.

If you have been arrested for suspicion of DUI in Arizona, contact the Phoenix criminal and DUI defense lawyers at Brown & Little, P.L.C.

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