Tempe DUI Attorney
Tempe Drunk Driving Defense Information
In Tempe, Arizona, DUI laws are taken very seriously. Many Arizona Residents and out of town visitors are arrested for DUI in Tempe each year and have to defend charges out of Tempe Municipal Court, Justice Court or Maricopa County Superior Court.
If you are arrested by the Tempe Police Department for DUI, chances are that, assuming the case is a misdemeanor, it will be prosecuted in Tempe Municipal or City Court. If the case is a felony, it will be prosecuted in Maricopa County Superior Court. If you are arrested in unincorporated Maricopa County or on the highway by either DPS (Arizona Department of Public Safety) or by the Maricopa County Sheriff's Department (MCSO), you will be in a Justice Court for misdemeanors.
Tempe City Prosecutors have jurisdiction that is limited to misdemeanor DUI charges. This means that if your case has felony potential, the attorneys in Tempe City (Municipal) Court could dismiss your charge and refer it to the County Attorney's Office.
The typical Tempe DUI case begins with a citation from the Tempe PD. At the bottom of the citation a court date will be listed (assuming it is set in Tempe Municipal Court). That initial date is your arraignment. If you have retained a private Arizona DUI attorney prior to your arraignment date, you will not have to attend, as the lawyer will enter a plea of not-guilty for you. If you don't have an attorney, or if you are going to apply for a public defender, you must attend the arraignment or obtain the court's permission not to.
Once a plea of not-guilty is entered, the court will set a "pretrial conference." If you have a private DUI attorney in Tempe Municipal Court cases your presence may be able to be waived at this hearing. For felony DUI charges from Tempe, you will have to be at every court appearance unless excused by the court. Typically speaking, the investigation into your case will still be in progress, and so the DUI defense attorney and prosecutor will generally agree on a continuance. Expect a third court date about a month after this court date.
During the time in between court dates, your Tempe DUI Defense Lawyer should obtain the police report, the chemical test and crime lab data, and interview the key witnesses.
Once the investigation is complete, your Tempe DUI Lawyer will then approach the prosecutor to negotiate on your behalf. If a favorable plea bargain is reached, you will then need to appear in court with your lawyer to enter the deal. If you live more than 100 miles from the court where your Tempe DUI is being heard, it may be possible to arrange a telephonic hearing so you don't have to travel to Tempe. For felonies, you will usually have to appear in person.
If a favorable plea bargain is not reached, it may be necessary to set your drunk driving case to trial in Tempe. For all Arizona DUI charges (excluding Minor DUI for being in control of a vehicle while under 21 years of age with alcohol in the system), a defendant has a right to a jury trial. This is true for DUI cases in Tempe.
For misdemeanor DUI cases, the jury consists of 6 people. For felony DUI cases, the jury consists of 8 people. The court may seat alternate jurors if the trial lasts more than one day.
The trend in Tempe DUI cases, like most jurisdictions throughout Arizona and the United States, is to get tougher on Defendants. Even first offense non-extreme DUI defendants in Tempe face mandatory jail time if the drunk driving case is not reduced or dismissed. However, like most jurisdictions, the Tempe Prosecutor's office seems to be getting busier each year, and the more DWI cases they have to process the less amount of time they can spend on your Tempe DUI Case.