- Immediate Steps to Take After Receiving a DUI in Arizona
- Your Rights After Being Charged with a DUI
- The Importance of Promptly Contacting a DUI Defense Attorney
- The Role of Arizona Revised Statutes in Your DUI Case
- Understanding the Consequences of a DUI Conviction in Arizona
- How Colburn Hintze Maletta Can Assist in Your DUI Defense
The Fourth of July, a day of celebration and good times can take a sudden sobering turn when it ends with flashing lights in the rearview mirror.
The unfortunate truth is that holiday weekends, like the Fourth of July, see a surge in DUI – driving under the influence – incidents.
A DUI charge can be daunting and confusing. It’s a situation no one wants to find themselves in, but if you do, it’s essential to understand your next steps.
Did you know? According to the National Highway Traffic Safety Administration, in 2020, there was a fatal drunk driving accident every 50 minutes on average in the United States.
Immediate Steps to Take After Receiving a DUI in Arizona
Getting pulled over for impaired driving can be overwhelming. However, it’s crucial to remain calm.
First, don’t try to talk your way out of the situation or make excuses.
Any information you provide can and will be used against you.
You have the right to decline field sobriety tests – these tests aren’t mandatory.
Remember to ask for an attorney immediately if you’re arrested. Do not answer any further questions until your lawyer is present.
You have the right to remain silent, and you should exercise it.
Your Rights After Being Charged with a DUI
Knowing your rights can make all the difference when facing a DUI charge. Arizona Revised Statute 28-1321 details the state’s implied consent law, which means that by driving a vehicle in Arizona, you’ve consented to have your blood, breath, or other bodily substance tested for alcohol or drugs if you’re arrested for driving impaired.
However, you have the right to refuse these tests, but refusal could result in suspending your driving privileges for 12 months or 24 months for a second refusal within 84 months.
Understanding your constitutional rights is crucial when navigating the law following a DUI charge.
These rights, granted by the U.S. Constitution, offer key protections throughout the criminal justice process, including but not limited to the following:
- Right to remain silent: Under the Fifth Amendment, you must remain silent and not incriminate yourself. After you’re arrested, you’re not obligated to answer any questions without your attorney present.
- Right to an attorney: You have the right to have an attorney present during questioning and all stages of the legal process. If you can’t afford one, the court will appoint a public defender, as the Sixth Amendment guarantees.
- Protection from unreasonable searches and seizures: The Fourth Amendment protects you from illegal searches and seizures. In a DUI context, the police must have reasonable suspicion to stop your car and probable cause to arrest you.
- Protection against double jeopardy: The Fifth Amendment prevents you from being tried twice for the same offense, which is known as double jeopardy.
- Right to a fair trial: The Sixth Amendment guarantees your right to a speedy and public trial by an impartial jury in the area where the crime was committed.
- Right to confront witnesses: As part of your Sixth Amendment rights, you can cross-examine the prosecution’s witnesses and challenge their testimony in court.
- Right to compulsory process: Under the Sixth Amendment, you can call witnesses who can testify in your favor, and the court can compel these witnesses to appear if necessary.
- Right to avoid cruel and unusual punishment: The Eighth Amendment protects you from excessive fines or punishment that is cruel and unusual, which can sometimes come into play in the sentencing phase of a DUI case.
Please remember that the rights listed above can be complex, and their application may vary depending on the specific circumstances of your case. Consulting with a knowledgeable attorney, such as one from Colburn Hintze Maletta, is crucial to uphold your rights.
The Importance of Promptly Contacting a DUI Defense Attorney
The consequences of a DUI charge in Arizona can be severe, ranging from hefty fines to jail time. On top of these immediate penalties, a DUI charge can also have long-term effects on your life, affecting your employment prospects and personal reputation. That’s why promptly securing the services of a knowledgeable DUI defense attorney, such as those at Colburn Hintze Maletta, is of utmost importance.
Scenario 1: Immediate Contact with a DUI Defense Attorney
Consider Jack, who was pulled over for a DUI on the Fourth of July. Jack was aware of his rights and the seriousness of his situation, so he immediately contacted a DUI defense attorney after his arrest. The attorney advised Jack on his rights, helped him understand the implications of the charges, and started preparing a defense strategy. Jack’s attorney could also ensure that all procedures were correctly followed during his arrest and challenge any irregularities.
By involving his attorney early on, Jack had an advocate from the get-go who could guide him through the legal maze, ensuring that his case was well-handled from the start. This immediate action helped Jack to minimize the potential impacts on his life and livelihood successfully.
Scenario 2: Delayed Contact with a DUI Defense Attorney
Now, consider Jill, who, unlike Jack, waited several weeks after her Fourth of July DUI arrest before contacting an attorney. By this time, she had made multiple court appearances without representation, potentially missing opportunities to challenge evidence or procedural errors.
Her delay in contacting a defense lawyer also meant less time to prepare a strong defense strategy before her case moved to trial. The evidence might have become more challenging, and the prosecution had more time to build their case against her. This delay potentially resulted in a less favorable outcome for Jill.
These scenarios clearly illustrate why contacting a DUI defense attorney promptly after a DUI arrest is essential. Remember, a quick response can make a significant difference in your case. It’s not just about facing the charges; it’s about protecting your rights, freedom, and future.
The Role of Arizona Revised Statutes in Your DUI Case
- Arizona Revised Statute 28-1381: This law covers basic DUI offenses. According to it, a person can be charged with a DUI if they are driving or in actual physical control of a vehicle and are impaired to the slightest degree by alcohol, drugs, or a vapor-releasing substance. It also includes DUI offenses where the blood alcohol concentration (BAC) is 0.08% or higher within two hours of driving.
- Arizona Revised Statute 28-1382: defines Extreme and Super Extreme DUI offenses. If a person has a BAC of 0.15% or more but less than 0.20% within two hours of driving, they can be charged with an Extreme DUI. If the BAC is 0.20% or more, it falls under a Super Extreme DUI.
- Arizona Revised Statute 28-1383: This law outlines Aggravated DUI offenses. Aggravated DUIs are felony charges and include committing a third DUI within 84 months, committing a DUI while your driver’s license is suspended, revoked, or canceled, or committing a DUI with a person under 15 in the vehicle.
Understanding these statutes is crucial as they can directly impact your case. A seasoned DUI defense attorney from Colburn Hintze Maletta can help interpret these laws, ensuring you’re well-equipped to navigate your defense.
Understanding the Consequences of a DUI Conviction in Arizona
A DUI conviction in Arizona is treated with the utmost seriousness, and the penalties reflect this. The exact punishment varies based on the offense’s nature and prior convictions, but even a first-time offender can expect a robust response from the court, as outlined in ARS §28-1381.
A standard DUI conviction is no small matter.
It typically includes at least 10 days of jail time, although the court may be willing to suspend nine of these days should you successfully complete a mandatory alcohol or drug program. Financial penalties start at $1,250, and there’s a high probability of a driver’s license suspension ranging from 90 days to a full year.
The stakes become significantly higher for more severe charges like Extreme and Aggravated DUIs.
If convicted of an Extreme DUI, the individual can expect to spend no less than 30 days behind bars and shell out at least $2,500 in fines.
An Aggravated DUI offense, classified as a felony, carries an even heavier weight, potentially resulting in a prison sentence of 2 years or more, along with other punitive measures.
Remember, these are just the minimum penalties; they can increase based on factors like your blood alcohol concentration at the time of arrest, previous convictions, and whether any harm was caused while driving impaired.
With such high stakes, it’s clear why securing the services of a seasoned DUI defense attorney, such as those at Colburn Hintze Maletta, is essential.
How Colburn Hintze Maletta Can Assist in Your DUI Defense
Getting arrested for DUI is undoubtedly overwhelming, but you don’t have to navigate the complicated legal process alone. At Colburn Hintze Maletta, we bring our extensive experience in Arizona criminal defense to your aid, fiercely advocating for your rights and working tirelessly to provide the best possible defense. We have a deep understanding of Arizona DUI laws and defense strategies, which allows us to assist you at every step of the process, from your initial arraignment to trial if necessary.
Remember, a DUI charge isn’t the end of the road – it’s merely a hurdle to overcome. With the right knowledge, immediate actions, and the right defense team, you can navigate this challenge and move towards restoring normalcy in your life. Let Independence Day remain a symbol of freedom, not a reminder of a DUI.
If you or a loved one are facing DUI charges, don’t hesitate to ask for the legal support you deserve. Contact us at Colburn Hintze Maletta by dialing 602-825-2500.
Timothy Hintze is a well-respected and aggressive trial lawyer having represented clients in courts throughout the state of Arizona. He has litigated hundreds of criminal matters ranging from complex felony cases to misdemeanor offenses, as well as a dedicated advocate for family law clients. Tim was also awarded the distinction of being named a Super Lawyers Rising Star and selected by the National Trial Lawyers Association as a Top 40 Under 40 Attorney.
Always Available 24/7 for Legal Help
Schedule an Appointment Today!
Call Us Now to Speak with an Attorney (602) 825-2500
Real Client Reviews
Below are just a few of what our clients have to say!
“Very professional, very empathetic, and very responsive to all the issues.”
I had the opportunity to work with Darin during a very troublesome time in my life. As a family attorney, I found him to be very professional, very empathetic, and very responsive to all the issues I faced. I would recommend him to anyone without a second thought. Thank you, Darin!
Gary C. - Google Review
“I was found NOT GUILTY. Dave won the trial for me.”
Dave stayed with me while he pushed back and forth with Covid-19 and the delays with court. Once cited, the state basically decides that you’re guilty through the automatic suspension of your drivers license. Dave immediately took care of that problem and I never lost the privilege of driving. Dave took notes like crazy and was upfront about our uphill battle. I was also well aware that the plea deal that was given to us, was unacceptable and through Dave’s knowledge and experience I had put my trust in him to guide me to make the right decision on how to proceed. With Dave’s guidance I had decided that we needed to fight for something better than what the prosecutor was offering and Dave was 100 percent behind me on that decision. We knew the risks, be we also knew we had very little to lose based on the prosecutions stance. We decided to go to trial… Watching the prosecution and then watching Dave was night and day!! It was clear to the jury that the prosecution didn’t have their facts straight and were not addressing the facts that they could not address…There was a lot at stake for my personal life and my work life. I was found NOT GUILTY. Dave won the trial for me.
Gregory - AVVO Review
“I still have a clean record to this day.”
One piece of advice for people who are charged with anything in Arizona is to hire a great lawyer because the state does not care if you’re innocent or not. The Arizona legal system will try to ruin your life. A couple of years ago I was the victim of an antisemitic hate crime when a guy named Billy, who had a history of drug and alcohol issues and was thrown out of the Navy for being violent, decided to attack me after drinking all day in Old Town (Sunday funday) over a pointless argument over whether it’s better to buy homes immediately post-recession or during the 10th year of a bull market run which was his argument. The disagreement led to Billy making several anti-semitic comments and assaulting me, which led to me beating up billy. Billy and his friends then went to the police and lied to try to get me thrown in jail for months for assault while getting 10s of thousands of dollars in restitution in the process. I hired David Maletta. We went to court and destroyed Billy and his best friend/roommate Taylor who were trying to extort me and ruin my life. In Arizona there is a 3.5% chance you’ll get all charges dropped because of how hard the state is on crime but we pulled it off and I still have a clean record to this day.
MJ Walsh - Google Review
“The calm in the middle of my storm…”
I recently consulted with Darin after my wife filed for divorce. He was referred to me by a friend whom I very much trust. Darin was the antithesis of the first two attorneys I consulted (who were matter-of-fact and had very little empathy about the fact that I was struggling emotionally with what was transpiring). From the first few minutes of speaking with Darin, it was obvious that he was very knowledgeable and skilled with divorce and family matters. While that was most important to me, the thing that made the difference was his calming, logical, and empathetic approach. He took the time to listen and empathize with me. He took the time to understand what I wanted to achieve through this process and laid out my options. After the consultation, I knew he would be my attorney if I had to pull the trigger. I, ultimately, didn’t have to engage Darin’s services due to a reconciliation with my wife. I hope I never have to go through that process again. However, if I do, I know beyond a shadow of a doubt who I will be hiring to represent me…Darin R. Colburn. Darin, thank you for caring and being more than an attorney.
Frank - AVVO Review
“Tim was absolutely amazing and worked diligently”
I had an incident and was given the catch-all charge. There wasn’t really anything I could do by myself to get out of it. Tim was absolutely amazing and worked diligently to ensure that I would have the best possible outcome from my case. Which he successfully achieved! As of right now, I am on the path to having my case fully dismissed. A couple of things that really helped me through this process was that Tim did an amazing job at answering my questions. He was available almost anytime and would respond promptly when he got my emails. He was also very approachable and comforting to be around while we had in person meetings and especially when I was at the court house. I would trust him and the company he works for with any other cases in the future, and as of right now, they will be my first choice if I need a lawyer in the future.
Dylan - AVVO Review
“Because of Darin I got my daughter back”
Before I hired Darin I went through a total of 3 different attorneys in two different states fighting a jurisdiction battle, when my daughter was taken to a different state. It was a very difficult decision to switch attorneys at one of the most difficult, time sensitive and important times in my case, but I’m very glad I did. Upon receiving my file from previous attorneys Darin came very familiar with my case quickly. Like other people have explained he took the time to lay everything out and explain how the process was going to proceed and what to expect and continued to do this as new issues arrived. He is also very quick at responding to emails and phone calls. My case was getting close to trial as told by my previous attorneys, I did not want to go to trial as I know this is very costly (most attorneys will convince you that you need to.) Darin knew my situation, fought for what was right and got the results I wanted while avoiding a costly trial. He is extremely knowledgeable in the Child Support Guidelines as well. Because of Darin I got my daughter back. I would highly recommend him and would hire again for any future issues. Thanks Darin!
Chris - AVVO Review
“Nothing but good things to say about my experience.”
I have nothing but good things to say about my experience working with David Maletta. I was in a very high-stress situation facing a pending DUI charge. He doesn’t know this, but I actually interviewed 5 potential lawyers, and he was the most optimistic of all of them. He took over and handled everything, and now I don’t have to live with a DUI. Thank you so much for everything! Highly recommend them to anyone looking for legal help.
Lauren Koontz - Google Review
“There is NOBODY I would rather have defending me than David”
I hired David Maletta and it was the best decision of my life. His knowledge, genuine interest, overall attitude, and ability to connect with people is incomparable. I could talk about all of this at length. I COULD do all of that, but that wouldn’t do David justice. He first and foremost demonstrates his interest and genuine care for his client. Being in uncharted territory with a criminal charge and nowhere to turn, David’s presence and personality put all nerves at ease. I went through a jury trial with David beside me. The trial ran for 3 days and I spent a significant amount of time with David one-on-one. During this stressful time, he wanted to hear my input and thoughts on everything. David was incredible from the first day I met him. Not only is he a great attorney, but he is also a great person who cares about people and finding justice for his clients. He connects to the human side of people. I can’t put into words how much David cares about the individual in a case. When it comes to the courtroom, there is NOBODY I would rather have defending me than David.
Jacob - AVVO Review
“Responsive, sympathetic, professional, patient, and kind.”
On one of the worst and most surreal nights of my life (do not EVER get a DUI people!) I was lucky enough to find my way to Tim Hintze. Being in Phoenix for the Thanksgiving holiday from out of town, and after spending the evening with family, I ended up spending the night in jail.
Tim turned one of the worst experiences in my life into “it could have been so much worse!” Working with him from a different state, he covered the bases & paperwork, showed up for me in court, gave me numerous connections to muck my way through the system, and held my hand the whole way.
I cannot imagine how much worse this experience could have been, and thanks to Tim, I didn’t need to. He was responsive, sympathetic, professional, patient, and kind throughout the long process, drawn out by many months due to Covid.
Keep Tim’s number handy and in your contacts in the event you are ever in the sorry position to need a DUI lawyer!
Holly Weber - Google Review
“David was relentless in his pursuit of my son’s innocence”
We retained David Maletta to represent our son after being cited for what can only be described as a momentary lapse of reason. David was extremely knowledgeable, was able to clearly communicate very complicated concepts, and was relentless in his pursuit of my son’s innocence. He had strong relationships with the prosecuting attorney and respect of the judge, which ultimately resulted in my son learning a really hard lesson with limited consequences (traffic school and writing an essay to the judge on the physics of driving 130MPH and what happens if that goes badly). I have already sent all of my friends with teenage and 20 year old kids his contact information for when they inevitably get that call. David completely exceeded all of our expectations and we could not recommend him any stronger. Thank you for everything.
Shawn H. - Google Review
“Listens to every request that you make on a case”
I honestly just want to let it be known to any and everyone looking for an attorney on a case. Whether it be DUI, possession, or your every day to day traffic violations where you need representation attorney Tim Hintze is your man. You have to respect a man that listens to every request that you make on a case and he gets in there and gets it done. Tim has my respect as an attorney and being a well-rounded representer. From him being honest on the possibility and options for your case to him being easy to work and communicate with via over the phone or face to face Mr. Hintze is working it out.
Ben - AVVO Review
“I would give them more stars, but the option is not there”
Best divorce lawyers in Arizona, hands down. Timothy Hintz handled my divorce, and as a father, I have my son and our house. I would give them more stars, but the option is not there. His paralegal Jennifer Bone is extremely competent, and the whole team is very friendly. Took a big weight off, having them behind me.