Phoenix DUI Lawyers I-K
Return to Arizona DUI Lawyers
- Orent Law Office:
Arizona is serious about drunk driving. In recent years, the state has both increased the penalties and lowered the thresholds for drunk driving arrests. As a result, drivers are finding the need for good legal representation for driving under the influence (DUI) arrests to be more important than ever.
- Kimerer & Derrick:
Driving under the influence
DUI laws in Arizona are ever-changing and have become increasingly more complicated in recent years. Due to recent changes enacted by the legislature, the DUI laws in Arizona have also become some of the harshest in the nation. Contrary to popular belief, a slap on the wrist is no longer the penalty for a first offense DUI in this state, and even a single DUI conviction can lead to significant jail time, fines and fees, alcohol counseling, driver's license suspension and mandatory ignition interlock. A defendant must also be aware of the collateral consequences that come with a DUI such as social stigma, loss of current or future employment opportunities, and state licensure issues, to name a few.
In light of how harsh DUI penalties have become in Arizona, retaining qualified legal representation to handle a DUI is more important than ever. The law is complicated and the penalties severe. Wading through a DUI case without a qualified attorney representing your best interests and making sure your rights are protected along the way is never a good idea.
- Countryman, Kenneth:
Driving Under the Influence (DUI)
Phoenix DUI Defense Attorney
A DUI conviction can very seriously and negatively impact your and your family’s lives, and the Phoenix Metropolitan area has some of the toughest penalties on DUI convictions. Jail time is mandatory unless alternative sentencing can be obtained on your behalf.
With the help of an experienced and knowledgeable legal professional, you could greatly increase your chances of avoiding jail, harsh, and unnecessary penalties.
- Abernathy & Green:
Criminal/DUI, Personal Injury, Wrongful Death, Securities Litigation, Plaintiff's Bad Faith, Medical Malpractice and Commercial Litigation
- Williams, Mark:
misdemeanor or felony criminal offenses
- Berardoni, Mark:
criminal cases, felonies and misdemeanors, and appeals, including post-conviction relief involving murder, assault, all domestic violence offenses, sexual assault and other sex offenses, child molestation, the sale of drugs, possession of drugs, immigration crimes, driving while intoxicated, fraud, money laundering, tax evasion, all "white collar crimes," trespassing, disturbing the peace, disorderly conduct, speeding, reckless driving, car theft, burglary, larceny, and weapons offenses.
- Sud-Devaraj & Whitehead:
- Noland, Phil:
- Farragut Law Firm:
Arizona DUI (B.A.C. over .08) laws are among the strictest in the nation. Having an experienced and aggressive attorney is essential.
Being arrested for Extreme DUI (B.A.C. over .15) can have serious implications. Extreme DUI carries additional penalties and fines.
Super Extreme DUI (B.A.C. over .20) is a new law that went into effect September 17th, 2007. It carries additional penalties and fines.
- Gierloff, Richard:
Driving While Intoxicated
Parole and Probation
White Collar Crime
- Garcia Law Firm:
*Robbery *Drug Offenses
*Aggravated Assault *Sex Crimes
*Crimes Against Children *Homicide
- Curry, Pearson & Wooten:
A DUI or other criminal offense can change the course of your life. It can keep you from pursuing your life dreams and close the door on future opportunities. Don't try to handle this alone. You need to have an experienced Phoenix criminal defense attorney in your corner ensuring the protection of your rights.
- Debus, Kazan & Westerhausen:
criminal and personal injury
- Brown, Guy:
Assault & Battery
Hit & Run
Restraining Order Violations
- Maynard Cronin Erickson Curran & Reiter:
White collar crimes, including fraud, embezzlement, etc.
Theft and larceny
Capital crimes (crimes involving the death penalty)
Murder, homicide, manslaughter
Drug crimes, marijuana, cocaine, heroin, meth labs, methamphetamines, trafficking, possession, intent to sell, and distribution
- Ryan Rapp & Underwood:
full range of felony and misdemeanor matters
- Chornenky, Joseph:
- Taubman & Associates:
YOU ARE INNOCENT UNTIL PROVEN GUILTY
If you have been arrested, the most important thing to know is that you
should not discuss your case with any other person before consulting
with a lawyer.
- Taylor, Benjamin:
All Felony and Misdemeanor Offenses
DUI Charges & Defenses
Second Offense DUI
- Linnens Law:
Motor Vehicle Division (MVD) Hearings
Impaired to the Slightest Degree
Extreme – Above .15
Extreme – Above .20
Aggravated DUI – Felony
- Moore, John: Most people are unaware there are actually two cases you must handle when charged with a DUI under Arizona DUI law. The first is the criminal case with the State of Arizona, and the second is the administration case with the Arizona Motor Vehicle Division as it relates to your license suspension, and Arizona DUI law.
- Poster Law Firm: Arson Aggravated Assault Bribery Burglary Computer Crimes Drug Crimes Possession Sales Transportation Embezzlement Extortion Forgery Fraud Homicide Manslaughter Murder Negligent Homicide Inchoate Crimes Attempted Crimes Conspiracy Facilitation Solicitation Kidnapping Organized Crime Perjury Racketeering Robbery Sex Crimes Smuggling Theft Crimes Weapons Offenses White Collar Crimes
- Kanu, Solomon: Driving While Impaired to the Slightest Degree, A.R.S. §28-1381(A)(1)–“DUI” It is unlawful to drive, or to be in actual physical control, of a vehicle while under the influence of any intoxication liquor, any drug, or any combination of liquor or drugs. It is not necessary to be “drunk” nor does this charge require a blood, breath or urine test. The State is only required o prove that a person’s ability to operate their vehicle was impaired “to the slightest degree”. Driving With a Blood Alcohol Concentration of .08% or Above, A.R.S. §28-1381(A)(2)–“DWI” It is unlawful to drive, or to be in actual physical control, of a vehicle with a blood alcohol concentration of .08% [.04% if commercial vehicle, A.R.S. §28-1381(A)(4)] or higher within two hours of driving or being in actual physical control. The flood alcohol concentration must be a result of alcohol consumed either prior to driving or while driving, or being in actual physical control. DWI-Drugs, A.R.S. §1381(A)(3) It is unlawful to drive, or to be in actual physical control, of a vehicle while there is an illegal drug, or its metabolite, in the body. The State is not required to prove impairment nor is the State required to prove a specific amount of drug in the body. The State is only required to prove that an illegal drug was present in the body while driving or being in actual physical control. Driving While Under the Extreme Influence of Intoxicating Liquor, A.R.S. §28-1382– “Extreme DWI” It is unlawful to drive, or to be in actual physical control, of a vehicle with a blood alcohol concentration of .15% or higher within two hours of driving or being in actual physical control. The blood alcohol concentration must be a result of alcohol consumed either prior to driving or while driving, or being in actual physical control. The “Extreme DWI” charge does not require the State to prove that the person was “really drunk”, only that the blood alcohol concentration was .15% or higher. The “Extreme DWI” statute mandates substantially increased punishment for a higher blood alcohol concentration. Aggravated Driving While Under the Influence of Intoxicating Liquor, A.R.S. §28-1383–“Felony DWI” There are three different “Felony DWI” offenses: 1. If a person commits any DUI/DWI offense as defined in A.R.S. §28-1381 OR 28-1382, and the person’s driver’s license, or privilege to drive, is suspended, canceled, revoked, refused, or restricted. A.R.S. §28-1383(A)(1). 2. If a person commits any DUI/DWI offense as defined in A.R.S. §1381 or 28-1382, and within a sixty month period (5 years) has two or more prior DUI or DWI convictions. A.R.S. §28-1383(A)(2). 3. If a person commits any DUI/DWI offense as defined in A.R.S. §28-1381 or 28-1382 while a person under fifteen years of age is present in the vehicle. It is also unlawful to operate an aircraft, water craft or water skis while under the influence of intoxicating liquor. DUI/DWI DEFENSES There are several potential defenses which can be raised in a DUI/DWI case and every case is different and unique. Below is a partial list of possible constitutional challenges and sufficiency-of-evidence defenses which we investigate in every DUI/DWI case: CONSTITUTIONAL CHALLENGES 1. No Reasonable Suspicion to Stop In order for the police to conduct a traffic stop the police officer must have “reasonable suspicion” that the person stopped committed a crime or committed a traffic offense. The police officer must have an objective and legitimate reason for making the traffic stop. If the police officer does not have “reasonable suspicion” for making the traffic stop then the case will be dismissed. 2. No Probable Cause for an Arrest Prior to the police officer actually making an arrest, there must be “probable cause” that the person committed a crime. “Probable Cause” is a higher standard than “Reasonable Suspicion”. The police officer must have “probable cause” that the person is under the influence of alcohol prior to making an arrest. Improperly administered Field Sobriety Tests, mistaken observations, and hasty decision made by the police officer may invalidate the arrest. If “probable cause” does not exist for the arrest then the case will be dismissed. 3. Denial of Right to Counsel If you are arrested, the police must allow you the opportunity to consult with an attorney, if requested. If the police deny you right to an attorney then the charges may be dismissed. 4. Miranda Violation If the police fail to adequately advise you of all your Miranda rights, or if the Miranda rights were not given at the appropriate time, then any statements made will be suppressed. 5. Denial of Right to Obtain Exculpatory Evidence Every person accused of a criminal offense has the constitutional right to independently obtain favorable evidence. For instance, if arrested for DUI/DWI you have the right to obtain an independent blood test. If the police deny you a “fair chance” to obtain exculpatory evidence, then your case will be dismissed. SUFFICIENCY-OF-EVIDENCE DEFENSES 1. You Were Not Driving The State mus prove, beyond a reasonable doubt, that the person was actually driving. In some cases, the police officer does not actually witness the accused driving nor are any witnesses available to prove “driving” 2. Were Not in Actual Physical Control If the State cannot prove “driving”, beyond a reasonable doubt, they may try to prove “actual physical control”. That is, the person, although not driving, still posed a threat by the exercise of present or imminent control over a vehicle. However, a person is not in “actual physical control” if they voluntarily pull of the roadway and attempt to “sleep it off”. A person who is alcohol impaired and is using their vehicle as a “stationary shelter” is not in “actual physical control” and is not guilty of DUI/DWI. 3. You Were Not Alcohol Impaired It is not unlawful to consume alcohol and to, thereafter, operate a motor vehicle. If a police officer stops you after you have been drinking he will be predisposed to believe you are impaired by alcohol, and the officer’s observations will be tainted. All of the officer’s observations will be blazed towards “signs or symptoms” of alcohol impairment. However, there are numerous legitimate explanations for the officer’s observations. For instance, people are often very nervous when dealing with the police and may often be tired during nighttime stops. The police officer’s observations and opinions can be questioned as well as the circumstances and reliability of the Field Sobriety Tests. 4. Inaccuracy of the Intoxilyzer In jurisdictions where the Intoxilizer (breath testing device) is utilized, challenges to the accuracy of the intoxilyzer can be raised. The officer must be certified to administer the breath test and he must precisely follow an operational checklist. Further, the intoxilyzer must be able to function within a certain “confidence limit” and must be properly calibrated. The calibration of the intoxilyzer must be checked within strict guidelines set by the Arizona Department of Health Services. If the intoxilyzer was not administered properly or any of the maintenance checks are not withing the set limits, then the result of the test will not be admissible. 5. Inaccuracy of the Blood Test In Jurisdictions where blood is drawn to determine a person’s blood alcohol level, several issues regarding the accuracy of the process ca be raised. The person who drew the blood must be certified to do so. The blood vials must have been stored properly prior to their use. The blood vials must have been stored properly prior to their use. The blood vials must not be used beyond the expiration date. The blood vials must be preserved for the defense to retest the sample. These are the more common challenges and defenses which can be raised in a DUI/DWI case. For your particular case you should consult with an experienced and aggressive DUI/DWI attorney. DUI/DWI PENALTIES Driving While Impaired to the Slightest Degree – “DUI” Driving With a Blood Alcohol Concentration of .08% or Above – “DWI” A violation of either A.R.S. §28-1381(A)(1) – “DUI” or A.R.S. §28-1381(A)(2) – “DWI” IS A Class 1 Misdemeanor. A Class 1 Misdemeanor is punishable by a maximum jail term of six months and a maximum total fine of $4,500.00 if convicted of either “DUI” or “DWI” there is a minimum mandatory jail sentence of 10 days. However, 9 days in jail can be suspended so long as the mandatory alcohol screening and counseling is completed. There is a minimum mandatory total fine of $955.00 (some courts also add a local court surcharge). The court will also require reimbursement for jail costs which are approximately $50.00 per day. Alcohol screening and counseling are also mandatory. The screening process is an evaluation to determine the length of counseling required. Typically, 16 hours of counseling is ordered. The court can also require probation for up to five years. Most courts impose unsupervised probation although there are a few courts which routinely impose supervised probation. Your driver’s license or privilege to drive can also be suspended. If your driver’s license is suspended as the result of a breath, blood, or urine test which is over the legal limit of .08%, or as a result of a criminal conviction for “DUI” or “DWI”, the suspension is ninety days. After thirty days you are eligible for a restricted license for the remaining sixty days if you did not cause serious physical injury and you have no prior “DUI” or “DWI” convictions, or driver’s license suspensions, in the previous five years. The restricted driver’s license allows you to travel to and from work, school, probation, and any treatment facility. If you refused to take the breath test, the Arizona Department of Transportation will suspend your driver’s license for 12 months with no eligibility for a restricted license. Your driver’s license will be suspended for two years for a second or subsequent refusal within sixty months. A criminal conviction for “DWI-Drugs”, A.R.S. §28-1381(A)(3) will result in a one year revocation of your driver’s license. Second Offense “DUI” / “DWI” If you have been previously convicted of “DUI” or “DWI” within sixty months (5 years) the mandatory minimum penalties substantially increase. There is a minimum mandatory jail sentence of 90 days. However, 60 days in jail can be suspended so long as the mandatory alcohol screening and counseling is completed. Most courts allow for work release after serving 48 consecutive hours. The minimum mandatory total fine is $2,155.00, plus any local court surcharge and jail costs. The alcohol counseling requirement is normally 36 hours. The court will also impose probation for up to five years. A second “DUI” or “DWI” conviction within a five year period will also mandate a one-year driver’s license revocation. After the period of revocation terminates, you are required to reapply for reinstatement and must complete an investigation process with the Arizona Department of Transportation (ADOT). Reinstatement is not automatic. As a term of reinstatement, ADOT will require you to install and maintain an ignition interlock device on all personal vehicles you drive for a period of at least one year following the reinstatement of your driver’s license. Driving While Under the Extreme Influence of Intoxication Liquor – “Extreme DWI” A violation of “Extreme DWI”, A.R.S. §28-1382, having a blood alcohol concentration of .15% or higher, is also a Class 1 Misdemeanor. If convicted, there is a minimum mandatory jail sentence of 30 days. However, 20 days can be suspended so long as the mandatory alcohol screening and counseling is completed. Normally, 36 hours of counseling is ordered. The court will normally allow work release privileges after serving 48 consecutive hours in jail. The minimum mandatory total fine is $1,455.00, plus any local court surcharge and jail costs. The Court is also required to impose an additional $250.00 “DUI” Abatement Fee”. The court can impose probation for up to five years. Second Offense “Extreme DWI” If you have been previously convicted of “DUI” or “DWI” within 60 months (5 years), the mandatory minimum sentence substantially increases. If convicted, there is a minimum mandatory jail sentence of 120 days. However, 60 days can be suspended so long as the mandatory alcohol screening and counseling, normally 36 hours, is completed. Again, the court will normally allow work release after serving 48 consecutive hours. The minimum mandatory fine is $2,155.00, plus any local court surcharge and jail costs. The Court is also required to impose an additional $250.00 “DUI Abatement Fee”, and probation for up to five years. The ignition interlock device is also mandatory. Aggravated Driving While Under the Influence of Intoxicating Liquor – “Felony DWI” “Felony DWI” is very serious. A “Felony DWI” committed either as a result of the person’s driver’s license being suspended, cancelled, revoked, refused or restricted, A.R.S. §28-1383(A)(1), or as a result of having two prior “DUI” or “DWI” convictions within 60 months (5 years), A.R.S. §28-1383(A)(2), is a Class 4 Felony. A Class 4 Felony is punishable by a minimum prison sentence of 1 year to a maximum prison sentence of 3.75 years. If placed on probation, which will be supervised and can be for up to 10 years, there is a mandatory sentence of four months in prison! The minimum mandatory fine is $2,155.00 if the felony offense is a result of the driver’s license being suspended, and $2,855.00 if the felony offense is a result of prior DWI convictions. Alcohol screening and counseling is also mandatory. An Aggravated DWI conviction also requires a mandatory three year driver’s license revocation. At the end of the revocation, reinstatement is not automatic. The person must make application and successfully complete the ADOT investigation. The ignition interlock device is required as a term of reinstatement of the person’s driver’s license. Further, it is possible that the vehicle used may be subject to forfeiture. “Felony DWI” With a Child Under 15 in the Vehicle A “DUI” or “DWI” which becomes an “Aggravated DWI” for having a child under 15 in the vehicle is a Class 6 Felony. A Class 6 Felony is punishable by a minimum prison sentence of .33 years and a maximum sentence of 2 years. There is not a mandatory prison requirement. It is also punishable by probation for up to 10 years. As a term of probation, the court can order a jail sentence of up to one year in the county jail. The court must sentence the person to at least the minimum mandated “DWI” penalties as outlined above: (1st offense: 10 days in jail with 9 suspended - $955.00 fine; 2nd offense: 90 days in jail with 60 suspended - $2,155.00 fine; Extreme: 30 days in jail with 20 suspended - $1,455.00 fine; 2nd offense Extreme: 120 days in jail with 60 suspended - $2,155.00 fine). Alcohol screening and counseling is mandatory. This conviction also mandates a three year driver’s license revocation and requires the ignition interlock device as a term of reinstatement. The vehicle used may be subject to forfeiture to the State of Arizona. The penalties mandated by any “DWI” related conviction can be severe and can have long lasting effects. Please call for immediate assistance.
- Leyh, Cynthia: The first 10 amendments, also called the Bill of Rights, contain basic, fundamental rights of individuals on which the government may not impinge. Many of these constitutional rights provide protection to criminal defendants in the criminal-justice system. Relatively recently, the US Supreme Court interpreted the due process clause of the Fourteenth Amendment to extend most of these rights beyond just the federal system to criminal defendants in state criminal-justice systems where the vast majority of criminal trials occur. The basic constitutional rights of the criminal defendant permeate every aspect of the criminal-justice process.
- Bill King: In Arizona, it is not illegal to operate a motor vehicle after consuming alcoholic beverages. Drinking and driving does, however, become a crime if, as a result of such alcohol consumption, one's ability to drive is impaired to even the "slightest degree". premiums.
- George Klink: If the case proceeds to trial, a judge or jury will make the decision on whether the accused is guilty or not guilty. Many misdemeanors are tried before a judge only. Some misdemeanors and all felonies are tried to a jury of six, eight, or twelve citizens, depending on the type of case. Before a conviction can be obtained, the judge or jury must agree that the Government has proven the guilt of the accused beyond a reasonable doubt. A jury verdict must be unanimous with all jurors in agreement.