For over a decade, we have been defending clients charged with serious DUI misdemeanors and felonies in the Phoenix area. We know how to win your case. Contact us for a free consultation. 480-999-5334.
Driving Under The Influence (DUI), often identified as “Driving While Intoxicated (DWI)” in other states, is defined in Arizona’s Revised Statutes as:
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
1. 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.
2. If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.
3. While there is any drug defined in section 13-3401 or its metabolite in the person’s body.
4. If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license as defined in section 28-3001 and the person has an alcohol concentration of 0.04 or more.
Please be aware that you may be arrested and charged under the suspicion that you are Driving Under the Influence even if you are not. In Arizona, your BAC does not need to be verified at .08 to be convicted of DUI. Our job as DUI attorneys is to make a clear and compelling case to The State of Arizona that you are innocent of all charges brought against you. Many DUI cases are won and lost on technicalities – often revolving around the way evidence against you is gathered and handled. Consequently, it is very important that you contact us as soon after your arrest (even during your arrest if possible) as possible so we put together an appropriate plan of action depending on the facts of your particular case. At The Hogle Firm, we fight for your rights and aggressively advocate the position of each and every one of our clients.
Penalties upon conviction include 1 not less than ten consecutive days in jail; 2 fines and assessments of $1,250 (minimum); 3 the installation and maintenance of an alcohol ignition interlock device on any vehicle you operate for at least one year; 4 community restitution penalties in the form of monetary or service contributions; 5 immediate suspension of your license for at least 1 year and possible revocation. Upon conviction, you will also have a criminal record.
Practically speaking, your career, education, immigration status or other endeavors that require a position of “good standing” may also be placed in jeopardy. Most commercial drivers, for example, are under a zero-tolerance policy when it comes to DUI and a previous conviction may disqualify you from job opportunities with FedEx and others. If you are an undocumented alien in this country, you will need specialized help dealing with complex DHS troubles.
Keep in mind also that much of your punishment will come in the form of a very long, expensive, and stressful road through the Arizona state court system. As an experienced DUI lawyer, I make that penalty as painless as possible. Understanding the applicable laws, local policies, and having a rapport with the judges, prosecutors, and other local law enforcement officials that will be on the other side of your case goes a long way.
In the Phoenix area (Maricopa County), failure to submit to a Field Sobriety Test or blood test – for Blood Alcohol Content (BAC) and/or marijuana metabolites – will likely result in the immediate suspension of your driving privileges for up to 12 months. You do, however, have a 15-day window to request a hearing before the Arizona Department of Transportation where you can argue your case.