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Phoenix DUI Lawyers I-K

1. 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.
2. Kimerer & Derrick: DUI 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.
3. Countryman, Kenneth: Driving Under the Influence (DUI) Phoenix DUI Defense Attorney A DUI conviction can very seriously and negatively impact your and your familyÕs 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.
4. Abernathy & Green: Criminal/DUI, Personal Injury, Wrongful Death, Securities Litigation, Plaintiff's Bad Faith, Medical Malpractice and Commercial Litigation
5. Williams, Mark: misdemeanor or felony criminal offenses
6. 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.
7. Sud-Devaraj & Whitehead: criminal defense
8. Noland, Phil: Criminal Defense
9. 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.
10. Gierloff, Richard: Criminal Defense Domestic Violence Driving While Intoxicated Drug Crimes Homicide Parole and Probation Sexual Assault White Collar Crime
11. Garcia Law Firm: *Misdemeanors *DUI/DWI *Arson *Theft *Robbery *Drug Offenses *Aggravated Assault *Sex Crimes *Crimes Against Children *Homicide
12. Curry, Pearson & Wooten: Criminal Law 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.
13. Debus, Kazan & Westerhausen: criminal and personal injury
14. Brown, Guy: Assault & Battery Burglary Domestic Violence Drug Crimes DUI Charges Embezzlement Fraud Grand Theft Hit & Run Homicides Internet Crimes Juvenile Crimes Kidnapping Probation Violations Restraining Order Violations Robbery Sexual Offenses
15. Maynard Cronin Erickson Curran & Reiter: White collar crimes, including fraud, embezzlement, etc. Domestic violence Assault Theft and larceny Capital crimes (crimes involving the death penalty) Murder, homicide, manslaughter Sex crimes Drug crimes, marijuana, cocaine, heroin, meth labs, methamphetamines, trafficking, possession, intent to sell, and distribution
16. Ryan Rapp & Underwood: full range of felony and misdemeanor matters
17. Chornenky, Joseph: criminal defense
18. 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.
19. Taylor, Benjamin: All Felony and Misdemeanor Offenses DUI DUI Charges & Defenses Murder Forgery Resisting Arrest Assault Domestic Violence Drug Possession Sex Crimes Criminal Law Second Offense DUI Burglary Robbery Kidnapping
20. Linnens Law: Vehicular Homicides Traffic Violations Motor Vehicle Division (MVD) Hearings DUI/DWI/OUI Impaired to the Slightest Degree Above .08 Extreme Ð Above .15 Extreme Ð Above .20 Aggravated DUI Ð Felony
21. 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.
22. 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
23. Kanu, Solomon: Driving While Impaired to the Slightest Degree, A.R.S. ¤28-1381(A)(1)ÐÒDUIÓ 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 ÒdrunkÓ nor does this charge require a blood, breath or urine test. The State is only required o prove that a personÕs ability to operate their vehicle was impaired Òto the slightest degreeÓ. Driving With a Blood Alcohol Concentration of .08% or Above, A.R.S. ¤28-1381(A)(2)ÐÒDWIÓ 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. ¤28-1382Ð ÒExtreme DWIÓ 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 ÒExtreme DWIÓ charge does not require the State to prove that the person was Òreally drunkÓ, only that the blood alcohol concentration was .15% or higher. The ÒExtreme DWIÓ statute mandates substantially increased punishment for a higher blood alcohol concentration. Aggravated Driving While Under the Influence of Intoxicating Liquor, A.R.S. ¤28-1383ÐÒFelony DWIÓ There are three different ÒFelony DWIÓ offenses: 1. If a person commits any DUI/DWI offense as defined in A.R.S. ¤28-1381 OR 28-1382, and the personÕs driverÕs 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 Òreasonable suspicionÓ 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 Òreasonable suspicionÓ 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 Òprobable causeÓ that the person committed a crime. ÒProbable CauseÓ is a higher standard than ÒReasonable SuspicionÓ. The police officer must have Òprobable causeÓ 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 Òprobable causeÓ 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 Òfair chanceÓ 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 ÒdrivingÓ 2. Were Not in Actual Physical Control If the State cannot prove ÒdrivingÓ, beyond a reasonable doubt, they may try to prove Òactual physical controlÓ. 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 Òactual physical controlÓ if they voluntarily pull of the roadway and attempt to Òsleep it offÓ. A person who is alcohol impaired and is using their vehicle as a Òstationary shelterÓ is not in Òactual physical controlÓ 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 officerÕs observations will be tainted. All of the officerÕs observations will be blazed towards Òsigns or symptomsÓ of alcohol impairment. However, there are numerous legitimate explanations for the officerÕs observations. For instance, people are often very nervous when dealing with the police and may often be tired during nighttime stops. The police officerÕs 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 Òconfidence limitÓ 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 personÕs 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 Ð ÒDUIÓ Driving With a Blood Alcohol Concentration of .08% or Above Ð ÒDWIÓ A violation of either A.R.S. ¤28-1381(A)(1) Ð ÒDUIÓ or A.R.S. ¤28-1381(A)(2) Ð ÒDWIÓ 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 ÒDUIÓ or ÒDWIÓ 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 driverÕs license or privilege to drive can also be suspended. If your driverÕs 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 ÒDUIÓ or ÒDWIÓ, 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 ÒDUIÓ or ÒDWIÓ convictions, or driverÕs license suspensions, in the previous five years. The restricted driverÕs 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 driverÕs license for 12 months with no eligibility for a restricted license. Your driverÕs license will be suspended for two years for a second or subsequent refusal within sixty months. A criminal conviction for ÒDWI-DrugsÓ, A.R.S. ¤28-1381(A)(3) will result in a one year revocation of your driverÕs license. Second Offense ÒDUIÓ / ÒDWIÓ If you have been previously convicted of ÒDUIÓ or ÒDWIÓ 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 ÒDUIÓ or ÒDWIÓ conviction within a five year period will also mandate a one-year driverÕs 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 driverÕs license. Driving While Under the Extreme Influence of Intoxication Liquor Ð ÒExtreme DWIÓ A violation of ÒExtreme DWIÓ, 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 ÒDUIÓ Abatement FeeÓ. The court can impose probation for up to five years. Second Offense ÒExtreme DWIÓ If you have been previously convicted of ÒDUIÓ or ÒDWIÓ 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 ÒDUI Abatement FeeÓ, and probation for up to five years. The ignition interlock device is also mandatory. Aggravated Driving While Under the Influence of Intoxicating Liquor Ð ÒFelony DWIÓ ÒFelony DWIÓ is very serious. A ÒFelony DWIÓ committed either as a result of the personÕs driverÕs license being suspended, cancelled, revoked, refused or restricted, A.R.S. ¤28-1383(A)(1), or as a result of having two prior ÒDUIÓ or ÒDWIÓ 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 driverÕs 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 driverÕs 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 personÕs driverÕs license. Further, it is possible that the vehicle used may be subject to forfeiture. ÒFelony DWIÓ With a Child Under 15 in the Vehicle A ÒDUIÓ or ÒDWIÓ which becomes an ÒAggravated DWIÓ 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 ÒDWIÓ 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 driverÕs 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 ÒDWIÓ related conviction can be severe and can have long lasting effects. Please call for immediate assistance.
24. 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.
25. 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.
26. 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.