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What Are The Next Steps After Receiving a DUI over the 4th of July?

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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.

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.

In Arizona, being charged with a DUI is a serious legal matter governed by specific statutes such as Arizona Revised Statute 28-1381, 28-1382, and 28-1383. These statutes cover the range of DUI offenses, from basic DUI to Aggravated DUI, and set forth potential penalties that may be applied. The law allows for blood, breath, or other tests to determine impairment, but you can refuse these tests at the risk of losing your driving privileges. Knowing your constitutional rights—such as the right to remain silent, the right to an attorney, and protections against unreasonable searches—is critical. Failing to act promptly can have severe consequences, both immediate and long-term, which is why it’s crucial to consult with a knowledgeable DUI defense attorney as soon as possible.

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What Are The Next Steps After Receiving a DUI over the 4th of July?

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.  

4th of July

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

DUI laws in Arizona are found in the Arizona Revised Statutes 28-1381, 28-1382, and 28-1383. These statutes classify DUI offenses and set forth potential penalties.

  • 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.

DUI charge

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.

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