Tempe DUI Lawyers
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- Kielsky Rike: DUI Defense
- Brown & Little: Traffic Ticket Basics In Arizona, a traffic ticket can be either civil or criminal in nature. In most instances, the officer will check a box on the citation indicating which type of ticket it is. If you have received a criminal traffic ticket, you have been charged with a misdemeanor. The case against you may have serious consequences, so you should contact a criminal defense attorney immediately. Civil traffic tickets are less serious, as they are punishable only by fines. They are also far more common. More civil traffic cases are filed in Arizona courts than any other type of case. Traffic Ticket Issues Complex issues can come up in even the simplest traffic cases. Officers are often not properly trained in visually estimating a vehicle's speed or pacing. Laser speed detection has serious limitations, as do photo enforcement technologies. Radar is also imperfect, as batching, shadowing, interference, and other factors may affect its reliability. Many officers and police agencies fail to use or maintain speed detection equipment correctly. Numerous factors may severely impact the reliability of the ticket. Your Options You may be able to avoid some of the most serious consequences of your traffic ticket simply by taking a driving class. Although the classes do cost money, the ticket will ultimately be dismissed, and you will not receive points on your license or see an increase in your insurance premiums. You will likely have to deal with those effects if you choose to just pay the ticket. If you are not interested in taking a driving class or paying the ticket, you can request a civil traffic hearing. Procedures for civil traffic hearings are largely the same throughout Arizona. Most jurisdictions will not assign a prosecutor to a civil traffic matter, so the citing officer prosecutes the case. When photo enforcement is involved, a representative of the company that installed the equipment will likely prosecute the case. You will likely only have to go to court one time, for the actual hearing. At your hearing, the state will present its case first. You will have an opportunity to ask questions, and then you will be able to present your side. The types of evidence allowed in civil traffic matters can be very different from what is allowed in criminal cases. The judge will usually make his decision immediately after hearing both sides.
- Aubuchon Law Office:
Criminal law felonies
Criminal law misdemeanors
- Rothstein Law Firm:
- Lopez, Matthew: Aggravated DUI Facts There are several scenarios in which a person can be charged with an Aggravated DUI. The most frequent situation that gives rise to an Aggravated DUI is when a person is arrested for a regular DUI while their driverÕs license is suspended, revoked or restricted. This type of DUI charge is very common and can occur even if it is the first time a person has been arrested for a DUI. The second most common scenario in which a person can be charged with an Aggravated DUI is when it is the third time they have been arrested for a DUI within an eighty-four month (7 years) period. Often times, a person will be charged with an Aggravated DUI stemming from previous out state DUI convictions. It is common for people to be wrongfully charged with an Aggravated DUI based on previous DUI convictions, occurring outside of Arizona, that would not have resulted in convictions had they been in Arizona. If this is the case, you should not be charged with an Aggravated DUI and should to have your Aggravated DUI dismissed or reduced to a lesser charge. A person who has been convicted of an Aggravated DUI will not only have a felony conviction on their criminal record, they will be sentenced to four months in prison, complete alcohol education, serve a 3 year license revocation, incur fines of approximately $5,500, be placed probation and install an interlock device for 24 months. Hire an Experienced Aggravated DUI Attorney A felony conviction resulting from an Aggravated DUI charge can be devastating to a personÕs future. A felony conviction, coupled with losing your driverÕs license for three years and being sentenced to prison for four months, will result in serious consequences for a personÕs current and future employment and education opportunities. If you have been charged with an Aggravated DUI it is important that you hire an attorney who is not only experienced in handling Aggravated DUIÕs, but one who will take the time to thoroughly evaluate your case and help provide you with the best possible results.
- Dooley, TM: Criminal Law
- Eskander, Michael: Pre-filing Investigation & Defense Sex Crimes Domestic Violence Crimes of Violence Driving Under the Influence of Alcohol / Drugs Drug Cases Probation Violations Juvenile Defense Bail & Release
- Schumacher, Ray: 1st degree Murder Credit card theft Sale of Drugs 2nd degree Murder Theft of Identity Assault and Domestic Violence Vehicular Manslaughter Forgery Criminal Damage Drive by Shooting Sexual Assault Criminal Trespass Aggravated Assault Sexual Abuse Threatening and Intimidating Armed Robbery Child Molestation Aggravated Harassment Kidnaping Public Sexual Indecency Harassment Residential Burglary Indecent Exposure Contracting without a license Burglary Prostitution Endangerment Theft of means of Transportation Arson Reckless Driving Theft Misconduct involving weapons Traffic Offenses Aggravated DUI Drug Possession Probation violation matters DUI
- Burkhart, Michael: Arizona has the toughest DUI laws in the country. The State will try to put you in jail for up to six months, take away your license, make you pay thousands of dollars in fines, go through alcohol classes, and put an alcohol sensor on your car. Do not attempt to fight the State yourself. You need a lawyer with knowledge and experience. Michael A. Burkhart can beat a DUI charge and save you thousands of dollars in fines. If you are arrested for DUI and you think that you might have had too much to drink: DO NOT give the police evidence by agreeing to do field sobriety tests. DO NOT admit to drinking. It is best to respectfully request the opportunity to speak with an attorney before you do anything for the police. Remember, the police are there to arrest you, not help you.
- Harmon, Emil: Please note if you have been charged with DUI/DWI, it is important to retain the services of a DUI defense lawyer as soon as possible in order to meet critical deadlines involving your driving privileges. It is worth noting that DWI has become a highly technical criminal charge. Police officers are now encouraged to focus on DWI arrests, while most courts have prosecutors specifically trained to make a DUI case seem based on accepted scientific principals. A DWI conviction has a trickle down effect on other areas of your life including child custody arrangements, as well as the ability to acquire housing or secure a loan.
- Lane, Alex: IF YOU ARE STOPPED FOR DWI: DO be polite and courteous. DO show your driver's license, registration, and proof of insurance. DO ask to speak to any attorney immediately. DO ask to be released to obtain an independent blood test. DO contact a DUI attorney: Immediate action is necessary to avoid an automatic driver's license suspension. DO NOT answer any questions. DO NOT submit to any field sobriety tests, including the eye test. DO NOT submit to any breath, blood, or urine test until you have consulted an attorney. DO NOT try talk your way out of it. DO NOT be rude. DO NOT consent to a search of your person or vehicle.
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:
- 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.
- 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.
- 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 your right to an attorney then the charges may be dismissed.
- 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.
- 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.
- You Were Not Driving
The State must 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".
- 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 off 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.
- 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 biased 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.
- Inaccuracy of the Intoxilyzer
In jurisdictions where the Intoxlizer (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 within the set limits, then the result of the test will not be admissible.
- 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 can 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 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.
- Weintraub & Weintraub: It is unlawful for a person to drive or be in actual physical control of a vehicle while under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.
- Wolf & Associates: The Extreme DUI charge is the same as the DWI charge except it requires the B.A.C. to be .15% or greater 'at the time of driving' (.18% prior to April 4, 2001). The minimum punishment for a first offense Extreme DUI is nine days more jail time than a regular DUI or DWI assuming successful completion of substance abuse counseling.
- John Vigileos: If you have been charged with a DUI or any other criminal offense, having a high quality, dedicated defense attorney on your side can mean the difference between settling for an unreasonably harsh sentence and achieving the best possible outcome with a winning defense strateg.
- James Novak: When arrested for an Arizona DUI or Arizona drunk driving offense, you are facing two entities. The first is the Arizona DUI criminal matter that takes place in an Arizona Criminal Court for the Arizona DUI offense. The second, is civil in nature is related to your Arizona Drivers' License. This is handled in the Arizona Department of Motor Vehicles. If stopped and arrested for an Arizona DUI and your Blood Alcohol Content results in a reading of 0.08% or higher, the police could seize your Arizona Drivers' License and give you a temporary license that is valid for 15 days. You may request a hearing within the 15 days, but consult with an experienced Arizona DUI Lawyer for your options. Both Arizona DUI matters are related, but handled separately. You may still get an Arizona Drivers' License suspension or revocation even if the Arizona DUI criminal matter is dismissed.
- Raymond Kimble WHAT SHOULD YOU DO IF PULLED OVER FOR A DUI? 1. Be polite, however do not answer any questions or attempt to ćtalkä your way out of the situation. Any statements you make to police can and will be used against you later on. 2. Do not agree to take any field tests such as the Walk and Turn, One Leg Stand, etc. or the eye test (often referred to as ćHorizontal Gaze Nystagmusä). These tests are voluntary. You cannot be penalized in any manner for refusing to participate in field tests. 3. Do not agree to submit to a breath, blood or urine test without speaking to an attorney. You have the right to consult privately with an attorney before providing a breath, blood or urine sample. If you are unable to contact an attorney, it is often wise to consent to the chemical test in order to avoid a one year suspension of your driving privileges. FREQUENTLY ASKED DUI QUESTIONS 1. SHOULD I TAKE THE FIELD SOBRIETY TESTS? ABSOLUTELY NOT!!! These tests usually include the Walk and Turn, One Leg Stand, Horizontal Gaze Nystagmus (eye test) and may involve several others. The tests are completely voluntary and you cannot be penalized for refusing them. 2. SHOULD I TAKE A BREATH, BLOOD OR URINE TEST? If you are arrested for a DUI, an officer can require that you provide a breath, blood or urine sample. This is commonly referred to as the ćImplied Consentä statute. However, you should ask to speak privately with an attorney before taking any breath, blood or urine test. Generally, it is not advisable to refuse a chemical test. In most cases, police will obtain a search warrant and obtain a blood sample by court order. Additionally, your license will likely be suspended for one year
- Sullivan Law Office: Arizona law provides severe penalties for persons convicted of drunk driving, even for first-time offenders. The State of Arizona Department of Public Safety's slogan is "You Drink...You Drive...You Lose." And they are serious about it. Some of the penalties first-time offenders might face are: * fines and court costs * jail time * license suspension or revocation * community service * mandatory counseling * installation of an ignition interlock device The penalties increase with repeat offenses. Despite your arrest, there is hope. The penalties listed above are criminal penalties. In order to be convicted of a crime in Arizona, the prosecution must prove the charges against the defendant "beyond a reasonable doubt." The goal of your defense lawyer is to raise reasonable doubt in the state's case against you. We will raise questions such as * Whether the police acted properly and legally in stopping you * Whether the blood or breathalyzer test was properly administered * Whether the breathalyzer equipment had been properly maintained and calibrated * Whether there was probable cause to administer the blood or breathalyzer test If we can raise a reasonable doubt at any one of these, or other points, we may succeed in having the charges against you dismissed.
- Shell & Nermyr: If you have been charged with driving under the influence, it is important to contact a lawyer who is knowledgeable about Arizona DUI law right away. A DUI conviction carries a mandatory fine, jail time, and license suspension. Have Your Been Arrested for DUI? Many people do not realize that they should retain a DUI lawyer when they have been arrested for drunk driving. Law enforcement officers rarely suggest it, and the courts do not encourage it. If you have been accused of DWI, you have the same rights as anyone else who has been arrested. Even if you have submitted to a breathalyzer or blood alcohol test, ... experienced attorneys ... can defend you. If you have been charged with DUI (or drinking and driving if the driver is under 21), you should ... protect your rights. A DUI charge can have a significant impact on your life. If your license is suspended or revoked, you may be unable to get to and from your job, and your insurance premiums will increase. A DUI charge does not necessarily mean a conviction ... The sooner you call ..., the better your opportunity to have your charges reduced to reckless driving, or dismissed entirely.
- Theodore Agnick: By pleading guilty to DUI/DWI, you never know when it will come back to haunt you. This article deals with penalties people are facing for a Ņsecond offenseÓ DUI. In Arizona, second offense DUI penalties arise if the person charged has a prior DUI conviction within seven (7) years. So, these penalties will only apply to people who have a prior DUI conviction within seven (7) years. The prior DUI conviction can be from Arizona or any other state with similar DUI laws. The non-Arizona DUI conviction can only be used if the law violated in that state would have resulted in a DUI conviction in Arizona. As with first offense DUIÕs, there are five (5) types of second offense DUIÕs. the penalties vary, depending upon which of the five DUIÕs or combination of the five, are charged. The basic five DUIÕs are: 1. Basic DUI Š Impaired due to alcohol or drugs 2. DUI Š BAC of .08% to .15% 3. Extreme DUI Š BAC of .15% to .20% 4. Super Extreme Š BAC of .20% or more 5. DUI Illicit Drug Metabolite in your body SECOND OFFENSE (WITHIN 7 YEARS) DUI PENALITES 28-1381(A)(1) Š Impaired to the Slightest Degree by alcohol, Drugs or a Combination of Both A conviction of this statute results in a class 1 misdemeanor, 30 days to 6 months in jail; 1 year revocation of license; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $500 to $2,500 plus 83% surcharges; and assessments of $2,500. Additionally, jail costs may be imposed and you must perform at least 30 hours community restitution. Additionally, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 12 months at the conclusion of the 12 month period of revocation. 28-1381(A)(2) Š BAC of .08 to .149 Within 2 Hours of Driving A conviction of this statute results in a class 1 misdemeanor, 30 days to 6 months in jail; a 1-year revocation of your driverÕs license; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $500 to $2,500 plus 83% surcharges; and assessments of $2,500. Additionally, jail costs may be imposed and you must perform at least 30 hours community restitution. Further, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 12 months at the conclusion of the 12 month period of revocation. 28-1382(A)(1) Š BAC of .15 to .199 Within 2 Hours of Driving A conviction of this statute results in a class 1 misdemeanor, 120 days to 6 months in jail; a 1-year revocation of your driverÕs license; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $500 to $2,500 plus 83% surcharges; and assessments of $2,750. Additionally, jail costs may be imposed and you must perform at least 30 hours community restitution. Further, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 12 months at the conclusion of the 12 month period of revocation. 28-1382(A)(2) Š BAC of .20 or More Within 2 Hours of Driving A conviction of this statute results in a class 1 misdemeanor, 180 days in jail; a 1-year revocation of your driverÕs license; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $1,000 to $2,500 plus 83% surcharges; and assessments of $2,750. Additionally, jail costs may be imposed and you must perform at least 30 hours community restitution. Further, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 18 months at the conclusion of the 12 month period of revocation. 28-1382(A)(3) Š Driving With the Metabolite of an Illicit Drug in Your System A conviction of this statute results in a class 1 misdemeanor, 30 days to 6 months in jail; a 1-year revocation of your driverÕs license; 8 points on your motor vehicle record; alcohol screening and treatment; fines from $500 to $2,500 plus 83% surcharges; and assessments of $2,500. Additionally, jail costs may be imposed and you must perform at least 30 hours community restitution. Further, the Motor Vehicle Department will require you to equip any motor vehicle you operate with a certified ignition interlock device for 12 months at the conclusion of the 12 month period of revocation.
- Mark Nermyr: In a criminal trial, the state must prove beyond a reasonable doubt that the defendant committed the crime. Superior Court juries have either eight or twelve jurors depending on the nature of the charges. A verdict must be unanimous or a mistrial can be declared and the case could be retried. On rare occasions, instead of having a jury trial, the defendant and prosecutor agree to a bench trial and ask a judge to determine the verdict. In a case where a not guilty verdict is reached, the charges are dismissed and the defendant cannot be retried on the same charge. This is called "double jeopardy."
- Cheryl Brown: DUI / DWI charges can be misdemeanors or felonies depending on whether or not it is a first or multiple offense, the age of the driver, and the level of the BAC or blood alcohol concentration, and other factors. The case takes place in either justice court, municipal court, or superior court, depending on the circumstances. To make a DUI / DWI conviction, the arresting officer must follow the arresting guidelines precisely. They must make a legal stop, with probable cause. If they did not then there is a case to be made for an acquittal, or at minimum, a lesser charge. If the sobriety equipment was not properly calibrated, then there may be a case for acquittal or a lesser charge. I look carefully at the equipment and looks for trends to see if the equipment was working properly. Plea-bargaining is a very important tactic in DUI / DWI criminal defense, but sometimes if a case is defensible; it is better to go to trial.
- Slade Lawson: The Arizona DUI statutes are written so that the government has two different ways to convict you. They can convict you by proving that your blood alcohol level of .10 or more within two hours of driving. They can also convict you by proving that, regardless of any blood alcohol level, your ability to drive was impaired in the slightest degree by alcohol or drugs. In other words, it is possible to be convicted of DUI even if you did not take a breath or blood test, or, if the results of the test were below .10.
- Weingart Law Firm: Many people arrested and charged for D.W.I. are not "guilty" as that crime is defined by law.
- Chuck Franklin: The mandatory minimum on a DUI/DWI (in the state of Arizona DUI and DWI are the same) is ten days in the county jail, 9 days are suspended upon completion of your alcohol classes. Therefore, if you finish your alcohol classes, you complete one 24-hour period in jail, your fine is about $450 and you will incur expenses for the alcohol screening that you must also pay. Typically the charge for staying in the county jail is about $96 for one night.
- James Tinker: The police appear to be focusing on drinking and driving rather than drunk driving.