A Phoenix DUI can carry significant penalties, especially after repeat offenses. When law enforcement officers in Phoenix pull over a vehicle because they expect drunk driving, they will likely administer a field test to the driver to determine if they are intoxicated. The driver has the right to refuse this test, but this comes with a risk. Refusing to take a field sobriety test in Phoenix runs the chance of a year-long or more driver’s license suspension.
If you were pulled over in Arizona and arrested for DUI whether you refused to take a field sobriety test or not, you need an attorney to increase your chances of getting a more favorable verdict in your case. There’s a lot at stake. Choosing to hire a private Phoenix DUI attorney can prevent you from making a wrong move, saying the wrong thing, or misinterpreting court proceedings, all of which can worsen your situation.
Ryan Garvey Attorneys have experience in Arizona DUI cases. Our firm has won dozens of awards and acclaim for criminal defense which includes DUI. Our successful cases resound in our client reviews. When you hire a Phoenix DUI attorney from Ryan Garvey Attorneys, you get a DUI lawyer dedicated to tirelessly protecting your rights and aggressively defending you against the charges you are facing.
If you have been charged with a DUI or related offense in the Phoenix or Arizona area, you will want to contact Ryan Garvey Attorneys for a free consultation for representation. These charges can have a large impact on your life, and without proper representation, you will have serious consequences.
The Arizona laws break the severity of a DUI into several categories based on the degree to which the driver is intoxicated and how many times the driver has been convicted. A Phoenix DUI defense lawyer can help you make sense of your situation.
Drivers may face Arizona DUI charges if they are caught driving with a blood alcohol content (BAC) of .08 or more. Studies reveal that a .05 BAC level leaves a driver impaired, and thus, .08 is the standard BAC level that results in an Arizona DUI offense conviction in the event that a driver is caught driving while intoxicated.
You will face Arizona DUI charges if you are caught driving under the following conditions:
Consequences of a DUI conviction vary depending on how many times a person has been caught operating a vehicle while being under the influence and the degree of how intoxicated they are.
All Arizona DUI charges that end up in conviction result in punishments that involve varying degrees of the following consequences:
A driver can be charged with more than one DUI felony at the same time. A regular DUI (alcohol concentration of 0.08 or more), an extreme DUI (alcohol concentration of 0.15 or more), and a super extreme DUI (alcohol concentration of 0.20 or more) are all misdemeanors. Note that for a commercial vehicle driver, the minimum alcohol concentration cannot be more than 0.04. Anything higher will constitute a DUI charge for commercial drivers operating a motor vehicle that requires a commercial driver’s license. All misdemeanor DUI offenses listed below also require alcohol screening, education, treatment, an interlock device-equipped car, and community service. A breakdown of the varying AZ DUI charges is below:
Getting a third DUI conviction within seven years (84 months) will incur felony DUI charges called an aggravated DUI. These charges are just as serious as manslaughter and arson. Furthermore, they are forever allegeable, meaning they will always affect subsequent sentencing thereafter as a prior felony.Some felony DUIs are Class 4 felonies, while others are less severe Class 6 felonies. Class 6 aggravated DUI charges are handed out when the DUI occurred with a child under 15 years old in the car or when someone gets a DUI while an ignition interlock device is on the vehicle.
All felony DUI convictions incur up to an estimated $5,000 in fines and fees, probation, revocation of driver’s license, SR22 insurance, probation, and ignition interlock device for two years. The difference in the varying DUI convictions listed below is jail and prison time:
A certified ignition interlock device is a device that tests the breath alcohol content of a driver. It is installed on a DUI holder’s vehicle when part of their sentence for their DUI conviction. The device is wired into the vehicle’s power system and connects to the ignition. It sits on the dashboard of the vehicle and includes a camera and built-in GPS. It cannot be removed. Installation of these devices is required to be done by an MVD-authorized company, and proof of certified installation must be kept in the car.
When the driver wants to go somewhere, they must blow in the device to test their breath for alcohol. If alcohol levels are detected to be higher than the acceptable 0.020 amount allowed for operating a vehicle under the influence, the car will not start. The system will log any refusals to blow into the device and any samples that exceed the minimum level.
Furthermore, if the driver blows into the device, and it determines alcohol levels are safe for driving and allows the car to start, it will periodically and randomly require the driver to blow into the device. If the driver does not blow when required or blows a high level of alcohol levels while driving, the device will log the event and continue to request samples. It will not shut off once it has been started, but denial to comply with random checks or samples deemed too high for driving will be reported.
Drivers are monitored by MVD using special procedures and forms, and if you are stopped by law enforcement, they will know, based on your record, that you have an interlock device installed. Furthermore, for multiple offenders, a new driver’s license is required which is marked “ignition interlock.”
If you are required to have an ignition interlock device installed on your vehicle, you need to have the installation completed before you can get your license reinstated. You will have specific instructions for establishing the beginning of your sentence timeframe.
The first thing you should do if you were arrested for a Phoenix DUI is to exercise your Fifth Amendment right and remain silent. Then, call a DUI lawyer. Your lawyer will guide you through the process of requesting a Motor Vehicle Department administrative hearing. This puts a temporary hold on your license since all DUI offenses automatically suspend the defendant’s driver’s license. After you request a hearing, your lawyer can start building your case to get your license reinstated.
Phoenix DUI charges are serious and should not be taken lightly. Without a positive outcome, the consequences they can cause can affect your life for years to come. The most productive thing you can do to optimize your case outcome is to let a private DUI defense attorney take the reins for you and build a defense strategy that is capable of possibly withstanding the Phoenix courts. A qualified criminal defense lawyer will conduct a thorough investigation of every detail of your case, including your initial interaction with law enforcement, your arrest, and the questioning you underwent when at the police station and while being booked. Some of the things an attorney willask you include:
Your Phoenix DUI lawyer will also gather and submit evidence on your behalf proving you are a sound and responsible citizen within the community to indicate what a hardship for you and others it would be if your driver’s license is suspended. Your lawyer may suggest that you enter into an alcohol treatment program in advance of your hearing to back up claims that you are being proactive in improving your situation.
Proof of employment and the presence of a loving and supportive family and circle of friends can also speak to your character and portray your responsible nature. This can sometimes sway the judge to grant you a limited or temporary license. The judge might also fully reinstate your driving privileges.
There is a specific outline of steps set forth by state law that details how a breath test should be administered. Strict adherence to these requirements is necessary for a breath test result to be admissible in court. Because it is an involved step-by-step process, it’s not out of the ordinary for law enforcement officers to inadvertently skip a step or make a mistake in the process when administering a breath test on the scene. These are oftentimes stressful situations and a weak spot for the prosecution. Any good lawyer will know to inquire about the validity of the breathalyzer test administration, testing device, and results. Here are the requirements for administering a breathalyzer test according to state law:
Contact a Phoenix DUI lawyer at 602-296-3434 to schedule a free initial consultation.
If you have been charged with driving under the influence, it is in your interest to contact an experienced Arizona DUI lawyer immediately. You are afforded rights as an accused person and are not considered guilty until convicted in a court of law. An Arizona DUI defense lawyer can ensure that your rights are upheld and fight for your innocence.
The Phoenix DUI defense lawyers at Ryan Garvey Attorneys have years of experience in litigating cases on behalf of those accused of serious crimes. We have a wealth of experience in defending those accused of drug crimes, robbery, domestic violence, murder and more. Our lawyers will fight for your rights. We offer FREE and CONFIDENTIAL case evaluations. Contact the Arizona DUI defense lawyers at Ryan Garvey Attorneys today!
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