Sponsor Attorneys-Statewide Court Coverage
Ted Agnick-Tempe
Jeffrey Siirtola-Sierra Vista
Why Hundreds in Arizona Are Unjustly Convicted of DUI
Even though you've been arrested for DUI, you don't have to let it ruin
your life. You may not realize it yet, but if you are thinking about
simply going to court and pleading guilty to your DUI charge you may be
cheating yourself.
You see, a qualified attorney can review the case for defects, suppress
evidence, compel discovery of such things as calibration and
maintenance records for the breath machine, have blood samples
independently analyzed, obtain expert witnesses all of which may help
you to win your case at trial.
To find out what you need to know about your DUI arrest I've developed
a website to give you a wealth of useful information . . . information
which will show you how you may be able to save your license and your
freedom . . . and possibly avoid fines, fees, and sharply increased car
insurance costs of as much as $6,800.
For the most part, my easy-to-navigate site has information on it which
you can't get anywhere else unless you are willing to do a great deal
of legal research.
When you're on my site, you'll also learn how you can get a free,
no-obligation consultation where I'll review your case and show you how
I may be able to save your license and your freedom.
Arizona DUI Drunk Driving Defense Information
Search for Arizona DUI Attorneys by County.
Attorney Offices by
Municipality
- Bullhead City:
- Wolfson Law Center:
There are basically three drunk driving crimes in Arizona. First, it is a crime in Arizona to operate or be in physical control of a motor vehicle [including water craft] while under the influence of alcohol or drugs [even drugs prescribed by a doctor]. It is not required that you be proven to be actually "drunk" to be convicted. "Under the influence" means that the suspect was impaired in the slightest degree". The focus of this offense is whether at the time of operation or actual physical control of the vehicle was the operator impaired.
- Keith
Knochel:
DUI tips and penalties. Intoxicated is defined in two ways: First, a person is intoxicated when he drives and, when, through the use of an alcoholic beverage, drug, controlled substance, or any combination thereof, has lost the normal use of their faculties and is impaired to the slightest degree. Second, a person is intoxicated when he drives and has an alcohol concentration of .10 or more in his body. If the alcohol concentration is above .18, there are enhanced or aggravated penalties.
- Chandler Law Office
- Flagstaff
- Kirkpatrick & Harris:
When someone is arrested, the criminal process will vary, depending upon whether they are charged with a misdemeanor or a felony. A misdemeanor case is one where the maximum punishment is six months in county jail, a fine, or a combination of jail and a fine. In a felony case, the punishment is usually much more severe, and can include confinement in the Arizona State Prison, or in some extremely serious cases, death.
In a misdemeanor case, the first appearance is called an arraignment. The main purpose the arraignment is for the accused to enter a plea. If the accused pleads not guilty, the case is scheduled for a pretrial conference and at some point a trial. A conviction requires six jurors to unanimously agree that the accused is guilty beyond a reasonable doubt.
In felony cases, the first appearance is the initial appearance. The Case would be set for preliminary hearing which is held in front of a judge and not a jury. The judge will listen to the testimony of witnesses and determine whether there is sufficient evidence to bind the defendant over to stand trial.
If the judge decides that there is enough evidence for the accused to be brought to trial, the defendant has the arraignment, pretrial conference, then trial.
- Glendale
- John Phebus:
Our drunk driving statutes are now
enforced rigorously, prosecuted zealously and provide for substantial
punishments.
This is
proper. It is also proper, however, that we remain vigilant in
safeguarding the rights of individuals charged with DUI and related
criminal offenses.
The Charge
Over the years,
the publics perception of drunk driving has evolved. What the public once
viewed as a common indiscretion is now viewed as a serious crime and public
health hazard. State legislatures all over the country are engaged in a feeding
frenzy of "feel-good" legislation in response to pressure exerted by
well-financed political interest groups. As a result, ordinary citizens -- many
of whom are not intoxicated or impaired at the time of driving -- are being
arrested in record numbers and forced to defend against criminal charges. Given
our current political climate, DUI is a serious criminal charge.
In 1996, over
two-million people were arrested in the United States for DUI/DWI. More people
are charged with "DUI/DWI" than any other criminal offense. That year, 43,040
DUI cases were processed in Arizonas limited jurisdiction courts (i.e.,
Municipal Courts, Justice Courts) alone. In the City of Phoenix, 93% of all
persons charged with DUI pled guilty without going to trial to fight the charges
against them. By pleading guilty, they gave up their right to have a trial
before a jury; to confront their accusers; to refute the evidence against them
and to force the government to prove each element of every charge against them
beyond a reasonable doubt.
Possible
Penalties
1st Offense Misdemeanor
The maximum
potential penalty is 6 months in jail, 5 years of probation, a fine of $2,500
with a surcharge of approximately 70%, alcohol counseling, and the loss of your
license for at least 90 days. The minimum penalty is 10 days of jail with the
possibility of 9 days suspended pending the alcohol screening and counseling.
The normal fine is approximately $400. The one-day of jail required must be
served. There are additional penalties within the court's discretion.
2nd Offense Misdemeanor
The maximum
penalty is the same as a first offense except that the second conviction in 5
years will result in the revocation of your driver's license for one year. The
minimum penalty is 90 days in jail with the possibility of 60 days suspended
pending the alcohol screening and counseling. The normal fine is approximately
$800. Your license will be revoked for one year. There are additional penalties
within the court's discretion.
Extreme DUI
If your blood
alcohol level is .150 or greater within two hours of driving based on a blood,
breath and / or urine sample, you could be convicted of EXTREME DUI. This
offense is also a misdemeanor offense. However, the Court will be required to
sentence you to a minimum 30 days of jail and suspend your license for one year.
Normal fines are approximately $400 with the same screening and counseling
requirements as the other misdemeanor offenses. If this happens to be your
second misdemeanor DUI offense, then you will also faced enhanced punishment
including 120 days of jail with the possibility of 60 days suspended and a fine
of approximately $800. There are additional penalties within the court's
discretion.
Work Release/Home Arrest
If you are
sentenced to serve a jail sentence, the court has the discretion to allow you
work release from the jail. You may be required to serve one or two days in jail
prior to your release taking effect. Although the statutes provide for home
arrest, the courts do not have a system in place to allow for it.
Aggravated DUI
It is a felony to get a third DUI in five years or
any DUI while your driver's license is revoked, suspended or restricted for any
reason. If you are convicted of a class 4 felony, you will face a possible
prison sentence. Normally, you will receive a grant of probation. However, if
granted probation, the Court is required to incarcerate you in the State Prison
for 4 months as a condition of probation. As a felony, the maximum fine you
could face is $150,000. You will have your license revoked for at least 3 years.
There is no work release. In addition, the State may forfeit your vehicle. There
are additional penalties within the court's discretion. If you are convicted of
a class 6 felony, you will also face the three-year revocation of your driver's
license, the same fine as above, and the possibility of incarceration ranging
from 4 months to 2 years. The penalties are even more severe for a second
offense Aggravated DUI or if you have any prior felony convictions.
As a DUI lawyer, what would you do if you were
stopped for a DUI?
- Immediately request an attorney -- Ask officer to note time of my
request.
- Refuse to answer ANY questions (Other than name and address).
- Produce requested documents ... be polite even if the officer isnt.
- Refuse ALL field sobriety tests.
- Take a
breath/blood/urine test.
- Mesa
- Phoenix
- Rio Rico
- Hale & Williams:
"Driving under the influence" (DUI) and "driving while intoxicated" (DWI) are two names for the crime of drunk driving. Other statutory names for this crime are "operating under the influence" (OUI) and "operating while intoxicated" (OWI). The different names for the crime reflect differences in the state statutes that define the crime. However, all the statutes have the common purpose of punishing drunk driving and driving under the influence of illegal drugs. A conviction for drunk driving carries serious consequences, including driver's license suspension or revocation, fines, and time in jail or prison. Accordingly, a person charged with drunk driving must not hesitate to seek legal counsel from an experienced criminal defense attorney in order to best protect his or her interests.
- Scottsdale
- Sierra Vista
- Bays Law Firm
Voluntary Intoxication: the result of
intentionally taking without duress of a
substance known to be intoxicating.
- Tempe
- Tucson
- Yuma
- Vida Florez:
The Sixth Amendment Confrontation Clause guarantees every criminal defendant the right "to be confronted with the witnesses against him." Generally, this means that the accused has a constitutional right to cross-examine witnesses who make statements against him. In conjunction with this right, hearsay statements (out-of-court statements offered to prove the truth of the matter asserted) are generally inadmissible.
However, there are several exceptions to the hearsay rule, which make the out-of-court statements of a non-testifying witness admissible under certain conditions (in spite of the Confrontation Clause). In fact, the tension created between the admissibility of certain hearsay statements and the conflicting right of the accused to cross-examine witnesses has risen to the level of the U.S. Supreme Court. In assessing the connection between the Confrontation Clause and the hearsay rule, the Court has specifically questioned the hearsay exception for statements against penal interest and the admissibility of accomplice confessions that inculpate the accused.
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