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Phoenix DUI Lawyers

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Phoenix DUI Defense Lawyers and DUI Laws

Being arrested for a DUI can be frightening for most people. Many Arizonans charged with DUIs do not have any previous experience with the criminal justice system and do not know what might happen to them.

The experienced Phoenix DUI Lawyers at Colburn Hintze Maletta can help you understand the charges you face and guide you through the process. We are aggressive criminal defense lawyers who work hard to secure the best possible outcomes for our clients.

We have detailed information about the different types of DUI charges, the penalties, and proven effective DUI defenses below.

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The Different Types of Arizona DUI Laws

What Is A Standard or Regular DUI?

A standard DUI in Arizona can be charged under Arizona Statute ARS 28-1381(A)(1) or (A)(2). Under the (A)(1) statute, you can be charged with a regular DUI if you have a blood alcohol concentration of 0.08% to 0.149% within two hours of when the police stopped you.

Furthermore, even if your BAC is below 0.08%, you can be charged with a DUI if you are impaired to the slightest degree by drugs or alcohol while driving or having actual physical control of your vehicle.

When you receive your citation for a first-time misdemeanor DUI, it is common to see both ARS 28-1381 (A)(1) and ARS 28-1381 (A)(2) listed.

Even if you are convicted of a first standard DUI offense, the penalties can be severe. A first standard DUI conviction includes a mandatory minimum jail sentence of 10 days. However, if you complete an alcohol assessment and classes, 9 out of the 10 days can be suspended.

Additionally, you can be placed on probation for up to 5 years if convicted of a first-time standard DUI.

There are also minimum fines and assessments of $1,480, and your license can be suspended for at least 90 days. You will have to install an ignition interlock device on your car from six months up to one year and complete any alcohol classes that are ordered.

The Arizona MVD will assess 8 points against your license and require you to complete a Traffic Survival School course if convicted of a regular DUI. A regular DUI charge can also involve other costs, including auto insurance premium increases, SR-22 insurance, vehicle impoundment fees, jail costs, and others.

Second DUI or Third DUI in a 7 Year Period

Arizona has a seven-year lookback period for DUI offenses. If you are convicted of a second or third DUI within 7 years, the penalties will be even more severe. For a second DUI conviction within 7 years, the minimum jail sentence is 90 days, 30 of which must be served consecutively.

You can have 60 days out of the 90 days of jail suspended if you complete an alcohol assessment and classes. You will also receive minimum fines and assessments of $3,500 and have your driver’s license revoked for one year.

To reinstate your license, you will have to complete an MVD revocation packet, pay a reinstatement fee, and install an ignition interlock device. You must keep the interlock device on your car for 12 months after you complete your revocation period.

A second regular DUI conviction also requires 30 hours of community service and completion of any alcohol treatment that might be recommended. The Arizona MVD will also assess 8 points against your driver’s license and require you to complete a Traffic Survival School course.

A third DUI within a span of 7 years may be charged as a class 4 felony Aggravated DUI charge explained below

Extreme DUI Arizona Laws & Definitions

You can be charged with an extreme DUI under ARS 28-1382(A)(1) if you have a BAC ranging from 0.15% to 0.199% within two hours of driving.

For a first extreme DUI conviction, you will face the following penalties:

  • Mandatory minimum jail sentence of 30 days
  • Fines and assessments of more than $2,500
  • Minimum driver’s license suspension of 90 days
  • 12 months of an ignition interlock device
  • Alcohol assessment and completion of recommended classes
  • Up to 5 years of probation
  • 8 points on your driving record
  • Traffic Survival School

If you are convicted of an extreme DUI as a second offense, you will face a minimum mandatory jail sentence of 120 days, around $3,700 in fines and assessments, a driver’s license revocation of 12 months, mandatory ignition interlock device installation for 18 months, completion of 30 community service hours, and an alcohol assessment with any recommended classes.

Super Extreme DUI Charges in Arizona

You can be charged with a super extreme DUI under ARS 28-1382(A)(2) if your blood alcohol concentration within two hours of your arrest tests at 0.20% or higher.

For a first super extreme DUI conviction, you will face a minimum mandatory sentence of 45 days in jail. You will also be assessed fines and surcharges of more than $3,000 and have your license suspended for at least 90 days, along with other penalties listed below.

If you are convicted of a super extreme DUI as a second offense, you will face the following penalties:

  • Mandatory jail sentence of 180 days
  • Around $4,700 in fines and surcharges
  • Revocation of your license for 12 months
  • Ignition interlock device installed for two years
  • Completion of 30 community service hours
  • Alcohol assessment and any recommended classes
  • Up to 5 years of probation
  • 8 points on your driving record
  • Traffic Survival School

After your driver’s license suspension ends, you will have to install an ignition interlock device in your vehicle for 24 months. You will also be required to complete an alcohol assessment and any classes that are recommended.

DUI while on Drugs (Including Marijuana, Prescription Drugs & Dangerous Drugs)

Under ARS 28-1381(A)(3), you can be charged with driving under the influence of drugs if you have any drugs listed in ARS 13-3401 in your body. This includes a Marijuana DUI conviction as well. Some other of these drugs include heroin, cocaine, methamphetamines, oxycodone for which you do not have a prescription, etc.

If the police officer thinks that you might be under the influence of drugs, you will be asked to give a urine or blood sample at the police station.

A DUI offense involving drugs as a first offense carries the same penalties as a standard DUI. However, the court might waive the ignition interlock device since it is not mandatory for a drugged DUI.

Arizona Felony Aggravated DUI Laws

Under ARS 28-1383, you can be charged with a felony aggravated DUI offense in the following ways:

  • DUI while driving on a revoked, suspended, or restricted license
  • DUI while required to have an ignition interlock device in your car
  • DUI with a child younger than age 15 in your car
  • Third DUI within 84 months (7 years)
  • Wrong-way DUI

A third DUI within seven years, a wrong-way DUI, ignition interlock DUI, and a DUI while having a revoked, restricted, or suspended license is a Class 4 felony. Driving with a child younger than 15 in your car is a Class 6 felony.

If you are convicted of a Class 4 felony aggravated DUI as a first offense, you will face a mandatory minimum prison sentence of 4 months followed by up to 10 years of probation.

You will also face around $4,700 in surcharges and fines, have your license revoked for one year, be ordered to complete an alcohol assessment and classes, and have to install an ignition interlock device in your car for two years.

If you are facing felony DUI charges, it is critical for you to retain an experienced DUI attorney. The legal team at Colburn Hintze Maletta will fight to protect your rights and obtain the best possible outcome, which may include a reduced sentence or a dismissal of the charges against you. Without the help of an experienced legal team, you risk being sentenced to the maximum penalties.

Information About Ignition Interlock Devices

Arizona’s DUI laws mandate that people who are convicted of DUI offenses for alcohol must install ignition interlock devices in their vehicles. These devices are wired into your vehicle’s ignition system.

To start your vehicle, you must blow into the tube to test for alcohol on your breath. After you start driving, the IID will signal for you to submit new breath results at random intervals. If any alcohol is detected, your vehicle will not start.

If you are driving and fail the breath test, you will be given time to pull your vehicle over before the engine stops. If you fail a test, the court might order you to keep the device in your vehicle longer. If you find yourself facing an ignition interlock extension action, our attorneys can request a hearing with an ADOT administrative law judge to challenge the extension.

Ignition interlock devices come with monthly monitoring and maintenance fees in addition to the cost of installation. The responsibility of paying for the IID costs will be yours.

Top 5 DUI Defenses Used By Phoenix DUI Lawyers

There are several common types of DUI defenses that might apply in your case. Your attorney will review the evidence before determining which defense strategy to use. Some of the potentially best DUI lawyer defenses are detailed below.

  1. Officer Did Not Have Reasonable Suspicion

Other than at sobriety checkpoints, police must have a reasonable suspicion that you are committing a traffic violation or a crime before they can stop your vehicle. If the officer did not have a reasonable suspicion to support your stop, your attorney might secure a dismissal of all DUI charges against you.

  1. Lack of Probable Cause for Your Arrest

Before an officer can arrest you, he or she must first have probable cause to believe that you committed a crime. If the officer did not have probable cause in your case, your attorney could file a motion to suppress any evidence that was gathered after your arrest, including breath, blood, or urine test results.

Depending on the strength of the remaining evidence, a prosecutor might be forced to dismiss the charges if your attorney wins suppression.

  1. Forced Consent for Blood Test

Police must secure a warrant to draw your blood. They often do not have to get a warrant to test your breath, however. To get around the warrant requirement, some officers make threats or promises to coerce people into giving consent.

If this happened, your attorney can file a motion to have your blood results suppressed.

  1. Inaccurate Breathalyzer Results

The device police use to test your breath alcohol content can return unreliable results if it is not correctly calibrated, maintained, and certified. Your results might also be inaccurate if you have certain medical conditions, including diabetes or GERD.

Being on a ketogenic diet can also release ketones into your body and artificially inflate breath test results. An experienced DUI attorney can review the evidence to determine whether your breath test results might be inaccurate and challenge them in court.

  1. Inaccurate Blood Test Results

While you might think that blood test results cannot be challenged, there are several problems that can result in inaccuracies. Your attorney will review how your blood was drawn, how it was stored and transported, and the procedures followed by the lab analyst.

A thorough analysis of the underlying data from the blood testing procedure may lead to the discovery of critical issues that affect the reliability of the results.

These are just a small sampling of Effective DUI Defenses to Potentially Get Your DUI Dismissed. Speak with our law firm today so we can help.

How The Phoenix DUI Lawyers At CHM Law Can Help

Your Phoenix DUI defense lawyer from Colburn Hintze Maletta can help you in the following ways:

  • Advise you about the DUI laws and what to expect at your court hearings
  • Negotiate a reduced sentence or reduced charges
  • Win a dismissal of the charges
  • Appear with or for you at all hearings
  • Save money on your court fees
  • Secure a not guilty verdict at trial

When you retain a DUI defense lawyer from Colburn Hintze Maletta, you are much likelier to secure a favorable outcome than if you try to represent yourself. You will also have an advocate by your side to help you throughout the criminal court process.

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