This is the first in my series on what to expect after you’ve been arrested or cited on a DUI in Phoenix, Arizona. Driving while impaired is referred to as DUI as well as driving while intoxicated (DWI). This is to encompass driving under the influence of alcohol (above a .08% blood alcohol concentration or BAC), driving under the influence of drugs (including validly prescribed drugs) or a combination of both. DUI/DWI cases can be very expensive and have many consequences you may not consider at first. This series will cover the following topics:
- Challenging the test results (blood, breath or urine)
- DUI checkpoints
- Challenging probable cause for the stop
- Penalties associated with a conviction
Arizona takes drunk driving cases very seriously and it is important to realize that a DUI is not just a traffic ticket. Most DUI/DWI cases are charged as misdemeanors. If you are convicted of multiple offenses in a seven-year period your penalties steadily increase. Factors such as the presence of children, injuries to passengers or other drivers or prior DUI convictions, can be used to elevate the charge to a felony.
Having an experienced Phoenix DUI attorney on your side can also make the difference between losing your license immediately and taking your case to a DMV administrative hearing. You have only a limited time to demand such a hearing, so it is important that you consult counsel.
Getting arrested for a DUI/DWI can be embarrassing, time consuming, and frightening. The arrest may have arisen from an honest mistake, as it does with many people. You may not have realized you were impaired from drinks at dinner or the use of your prescription medication. There are many avenues your lawyer can pursue to mitigate the consequences of your arrest. Your attorney will discuss with you the circumstances of your arrest, chemical tests, as well as any medical conditions you suffer from. After gathering the police reports, test results, and your testimony your lawyer may decide to hire an expert on your behalf. Defenses in DUI/DWI cases are very fact specific. It is imperative you hire an attorney as soon as you are arrested or cited.
In addition to Phoenix I represent defendants in other Maricopa County cities such as Mesa, Glendale, Scottsdale, Chandler, and Gilbert.