Charged with DUI in Arizona?

Either you made a mistake or you are being wrongfully accused. Either way, you need to take action and get information now to protect your rights and your future.

Although the scope and complexity of DUI law in Arizona may seem overwhelming, my advice is to take a deep breath and try to digest as much information as you can before you choose an attorney (or make a decision not to hire an attorney). There is an incredible amount of information on the internet about your situation. The problem is that much of it is self-serving, inaccurate and misleading. You are best off to do some reading and educate yourself on the subject. You are also well advised to interview several DUI lawyers before deciding on your representative.

It is important early on to document as much information as you can while it is fresh in your mind.

If you are serious about helping yourself, take the time to fill out a consultation request form, or call us at 480-951-3200 to set up our meeting.

WHAT ARE YOU BEING CHARGED WITH, ANYWAYS?

Now you are looking at your citation, trying to figure what the heck is going on. Why are they charging you with two or more counts of DUI when you were only arrested once?

Most DUI charges will contain a citation to ARS 28-1381. Usually they will contain two. Under this law, there are two common DUI charges: 1) driving while impaired to the slightest degree, and 2) driving with an alcohol content of 0.080 or higher within 2 hours of driving. Also included are the charges of driving a commercial vehicle in Arizona with a prohibited BAC content, and driving with a prohibited drug or its metabolite in your system.

In addition, you may note an extreme DUI charge referenced to ARS 28-1382. This is charged when your alcohol content is a 0.150 or higher within 2 hours of driving. Don't panic, just because it is an extreme DUI doesn't mean it is a felony under most circumstances.

Arizona DUI law is a complex web of Judge-made case-law, legislative made Statutes and Administrative Code. The law encompasses decisions both in Arizona Courts, and in other courts on a national level up to the Supreme Court of the United States. Like all law, the Arizona DUI law is only good until it is amended by legislative act, or interpreted by Judges in a reported case.

Many people think Arizona DUI law is cut and dry. This couldn't be further from reality. DUI law is fluid and living, and the next challenge to the validity of any part of the law, or the "science" that forms the backbone of most DUI evidence is always just around the corner. Looked at from the right angle, your case probably isn't as bad as it seems.

A normal, first offense Arizona DUI arrest is a misdemeanor. However, there are certain factors that can make even a first offense a Felony. These circumstances include:

• The presence of a minor child in the vehicle;

• A suspended or revoked driver's license.