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Arizona DUI Law

What to do if You Are Arrested for a Felony in Arizona

What to do if You Are Arrested for a Felony in Arizona

If you have been arrested in Arizona for a felony charge, it is vital that you understand your rights. A felony conviction can have significant consequences and may result in revocation of certain rights. Rights such as the right to vote and to possess a firearm. Because of this, you should be mindful of your rights and should contact an Arizona defense attorney as soon as possible.

What are some of Your Rights after you are Arrested for a Felony?

After you are placed under arrest for a felony offense, you have certain constitutional rights that are intended to protect your interests. These rights include the following:

The right to remain silent

  • The right to remain silent: After you are arrested, you are under no obligation to speak with law enforcement about the event. Police officers are often well-trained in interrogation tactics and will seek to obtain information that could be used against you in court. The prosecution frequently relies upon admissions made by defendants or inferences that can be drawn from statements that are made. To protect yourself and to limit disclosure of information, you should exercise your right to remain silent, at least until such time that you have legal representation present.

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How Long Can I Be Held in Custody by Law Enforcement?

How Long Can I Be Held in Custody by Law Enforcement?

In most cases, someone who is arrested will be taken into custody by law enforcement, processed into jail and then be formally charged with a crime before a judge during an arraignment hearing; but what happens if no formal charges are filed? Can the police hold you behind bars until they feel like taking action? How long do you have to wait before your case goes to trial? When should you involve a criminal defense attorney in your Arizona arrest case?

What Happens After an Arrest?

After an arrest, you are in a bit of a legal gray area. You have been taken into custody by law enforcement, but you have not been formally charged with a crime. As a result, you must remain in custody while awaiting charges for a period of time. If that time expires and you have not been charged, you must be released. While waiting, you will likely be brought before a magistrate judge who will determine your bail amount, if any. This differs from an arraignment in that, during an arraignment hearing, you are formally charged with a crime and are required to enter a plea. This is also when a trial date is set, and you will remain in jail until your trial.

If you are not charged within the hold period, you will not be arraigned, but a bail amount and the posting of bail may be required – see “how to post bail”. Once again, this is an area of legal limbo because you are still in jail while waiting to see what is going to happen, so you should contact your defense attorney as soon as possible after your arrest to ensure that you receive adequate representation from the start of the criminal justice process.

While Waiting in Jail:

  • Exercise your right against self-incrimination
  • Follow commands by law enforcement within legal boundaries
  • Contact your defense attorney
  • Know that you have not been formally charged with a crime until you have been arraigned

How Long Can You Be Held After an Arrest?

In Arizona, as well as in many other states, there is a limit of 48 hours after an arrest before formal charges have to be filed.

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Stopped at a Phoenix DUI Task Force Checkpoint

Stopped at a Phoenix DUI Task Force Checkpoint

What is the Arizona DUI task force?

The Arizona Governor’s Office of Highway Safety (GOHS) strives to prevent motorists from driving while impaired or intoxicated. AZGOHS awards grant funds to local law enforcement agencies, fire departments, and nonprofit organizations to reduce alcohol-related accidents, injuries, and fatalities. Funds are awarded based on the need for the project as determined by the ratio of the number of alcohol-related accidents and deaths to the total number of accidents and fatalities in the geographic area. The Phoenix, Arizona, Department of Public Safety (#AZDPS) DUI task force is a multi-agency effort with federal, state, and local law enforcement.

Despite the efforts of the Phoenix, Arizona, DUI task force to increase their presence on the highways, Phoenix parents still tried to drive under the influence of drugs and alcohol over the 2018 Halloween holiday. A 41-year-old woman taking six children under the age of 10 trick or treating in her SUV careened off the road and into a ditch at 8:30 P.M. on Wednesday evening. Her speech was slurred, and she reeked of alcohol when police arrived at the scene. Her blood-alcohol was twice the legal limit. She faces five counts of aggravated DUI, and she was drinking from an open container. Of course, she lost custody of the kids. In another incidence, a Phoenix police officer was injured when a vehicle rolled over onto him early Sunday at 27th Avenue and Camelback Road. The driver, charged with driving under the influence, was in possession of controlled substances at the time of his arrest.

What is a First DUI Arrest?

A first DUI arrest is not the end of the world, but you will do at least minimal jail time, pay a fine, and loss of your driving privileges. Your car insurance premiums will drastically increase when you get driver’s license back. When you get pulled over for driving under the influence of drugs or alcohol, you will be offered an opportunity to prove your innocence. The officer will decide what test of sobriety to provide you with. The officer may request that you get out of the car and walk in a straight line. If you refuse the test, your driver’s license will be suspended immediately.

How Can I Get My DUI Charges Reduced?

If you endangered children or injured others while driving under the influence of drugs or alcohol, you’ll face serious criminal charges. If your first DUI arrest involves an accident, our Phoenix DUI lawyer may be able to get your bail or charges reduced. Our lawyers can represent you in criminal court, traffic court, and civil court to try to salvage your rights and your freedom so you can return to work and your family or friends. Our criminal defense attorney can represent you in:

  • Criminal court
  • Drug court
  • Traffic agency hearings
  • DHS agency hearings
  • Civil litigation

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Halloween East Valley DUI Task Force

David Cantor explains the East Valley DUI Task Force for Halloween:

Halloween East Valley DUI Task Force

Happy Halloween!  Tonight the East Valley DUI Task Force will be out in full force and pulling over anyone who has committed a minor traffic violation.  The East Valley DUI Task Force is best known for their Thanksgiving, July 4th and holiday DUI stops and arrests.  Halloween has become a party holiday where people dress up and go out to the bars rather than stay at home.  The East Valley DUI Task Force knows this and they saturate the streets and pull anyone over; especially near bars and areas full of night life.

If you are pulled over and had been drinking, you want to answer the same way as if you were being questioned for robbing a bank, “I am not going to answer any questions until I talk to my lawyer,” then call us 602-307-0808.  You want to provide as little evidence as possible and asking to speak to a lawyer will help you out tremendously.  Once you call us, we can advise you on whether to take any tests and what your next move should be.  If they don’t give you a phone call, we can get the case thrown out with the defense of “Denial of Right to Counsel“.  If they pulled you over on just a “hunch” we can get the case thrown out with “No Reasonable Suspicion to Stop”.

The safest way to not get pulled over is to not drive, take a cab and be safe.  We hope everyone has a fun and safe night!

If this situation applies to you, a family member or loved one, fill out a form on our website or call us at (602) 307-0808 to set up an appointment. It doesn’t cost you anything, but it takes about 30 minutes of your time, and hopefully we’ll be able to find a way out of this for you.

Be sure to check out our DUI case victories.  When interviewing lawyers make sure and ask them for recent case results for this crime.


Arizona First Offense Misdemeanor DUI Penalties

When charged with a first offense DUI in Arizona, there are a couple of things that the state must take into account. The age, blood alcohol content (BAC) and the type of driver’s license are all factors to consider when charging someone with a DUI.

Other First Offense DUI Related Links: 1st Offense Extreme DUI, 1st Offense Super Extreme DUI, 1st Offense Aggravated Felony DUI, All Arizona DUI Laws.

Watch this short video about the First Offense DUI Penalties in Arizona:

First Offense DUI in Arizona

For one, if the offender is under 21 years of age, it does not matter what their BAC is. They will get charged with anything above a 0.00 BAC. The repercussions are not as harsh if the offender is under 18, but a repeat offender may be charged as an adult. If the driver is 21 years of age or older; then the BAC is taken into account during the arrest. If their BAC is equal to or exceeds .08, then they are charged with a DUI, or they can be charged if they are below .08 and are impaired by either alcohol or drugs. If the offender has a commercial driver’s license (CDL), then the provisions are a bit stricter. If a CDL driver’s BAC exceeds .04, then they can be charged with a DUI and harsher sanctions.

In Arizona, a person can be charged with a DUI, if they have a BAC between .08 and .149, or if they display overt signs of being under the influence. It is also possible to be charged with a DUI, if the police find the offender parked in their car with a BAC between .08 and .149 and their engine is running.

Penalties for First DUI in Arizona

A first offense DUI is classified as a Class 1 misdemeanor in the state of Arizona. In order to qualify for a first time offense DUI in Arizona, one must not have any prior DUI arrests within the past 7 years. If the DUI resulted in an accident that engendered the death of another individual, the offender cannot qualify for first time offense sanctions.

Get a Free Case Review, Click Here to Schedule.

The minimum jail sentence for someone charged with a first time offense DUI is 10 days, but most people will end up spending 24 hours in a jail cell and additional time in an alcohol screening program.

Fines will be another unwanted sanction for those charged with a first offense DUI. Fines and fees include:

  • A base fine, surcharges and assessments totaling: $1,537
  • Jail Cost for one day: $130
  • Alcohol Screening: $50
  • 16 – 36 Alcohol Classes: $135 – $585 total
  • One Year Ignition Interlock Device: $1,000 – $1,200
  • SR-22 Car Insurance Policy: $500 per year for 3 years = $1,500
  • Car Insurance Rate Increases: $3,000 per year for 3 years = $9,000

Grand Total: $14,002 (with car insurance) or $3,502 (without car insurance)

Once the offender submits to a chemical test, the driver will receive a 90-day driver’s license suspension. At the end of the suspension, offenders will have to install an ignition interlock devise (IID) at an official IID installation center. Finally, offenders may be required to take a state approved traffic school course to fulfill their sanctions.

Do I Need to Hire a DUI Lawyer?

A lot of people call our offices and ask, do I need to hire a DUI lawyer for my first DUI arrest? Did you read the penalties above? Do you want to deal with the consequences of a DUI conviction, first arrest or otherwise? Do you know the DUI defense strategies that work? Yes, you should hire an aggressive DUI lawyer to represent you in court. Our team of DUI defense lawyers know all of the best DUI defense strategies and we have years of experience working in the courts across the State of Arizona. If you are facing a First Offense DUI charge in Arizona, please call DM Cantor at (602) 307-0808 to get a Free Case Review, or click the ‘Contact Us’ link on this page and send us an email and we’ll call you back to schedule an appointment.

We’re very good at what we do, please take a few minutes to read through our DUI Case Victories. Click the following link for more information regarding the different charges for DUI  in Arizona.

 

 


Steps to Take If You’ve Been Convicted of a DUI

After a Happy Hour that turned into a couple of hours, you grabbed your keys, said goodbye to your co-workers, and walked to your car. Feeling “buzzed” you decided to take the route home you know well. Halfway home you saw flashing lights behind you and were pulled over by a cop. He said you didn’t make a full stop at the stop sign; you have no recollection.

He asked you if you have been drinking, you tell the truth, “a few,” and he asked you to get out of the car. You passed the Field Sobriety Test but failed the Breathalyzer. You are now facing a DUI conviction.

No one plans on getting a DUI, but it can even happen to the people who just “have a few” after work with some friends. Without a doubt, drinking and driving is a serious offense that can lead to accidents and put lives at risk; it can also be life-changing for those who are convicted.

It’s important to remember that a DUI conviction varies and depends on the circumstances and the state in which you live. Here are some general steps to take if you’ve been convicted of a DUI:

Legal Advice

Whether it’s your first DUI or a subsequent offense, seeking legal advice is always a good idea. Unless you have a strong legal background and thoroughly understand your state’s laws concerning DUIs, find an attorney you like and can trust. If you’re on the fence about hiring one, most attorneys offer a free consultation.

If you do decide to hire an attorney, he or she will help you understand all the details of your case and explain all possible consequences. Remember, you are innocent until proven guilty, but it depends if you go to court and how you plea.

Go to Court

If you have a court hearing, don’t skip out. Some people, facing a conviction, miss their court date and face more trouble later on. It’s not worth the extra legal issues. Whether you’re pleading guilty or not, go to court.

Consider Alternate Punishments

If you have clearly violated your state’s drunk driving laws and have been convicted of a DUI, your best option is to face the consequences. An attorney will help you determine whether or not you truly violated the law. As a first time offender, you are likely to be given a hefty fine, a suspension of your license, and maybe even jail time.

Depending on the details of your conviction, your judge may offer, recommend, or enforce alternativepunishments for your DUI conviction. In some cases, he or she may offer these as a substitute or “credit” towards jail time or fines.

Be Cooperative

We’ve all seen the courtroom dramas where the defendant acts out and is charged with “contempt of court.” It makes for good tv, but it will never be in your favor if you fail to cooperate. Believe it or not, a bad attitude won’t help you out when you’re facing a DUI conviction.

The best step to take, once you’ve been convicted of a DUI, is to never put yourself in the situation to get a subsequent DUI.

 

 


Can I make payments on DUI fines in Arizona?

When you are convicted of DUI in Arizona or any other criminal charges, it is critical that you pay the court fines and fees on time. By not paying these or meeting the requirements of any payment arrangements, you can be required to serve jail time and may suffer even greater expense due to interest charges and other added fees. If you are facing charges, it is important to enlist the help of an experienced Arizona DUI criminal defense attorney. Such an attorney can help you throughout your case, even possibly helping you to gain lesser charges or reduced sentencing and fines.


Payment Options Do Exist for Defendants in Arizona

Arizona DUI defendants ordered to pay fines or fees can receive an option from the courts to pay the fees in (more…)


Does having a DUI affect getting hired?

Convicted of a Crime on Job Application

 

Finding a job in today’s economy can be tough. Although that is a difficult task on its own for the best of candidates, adding an Arizona DUI conviction to your record can make a job search even more problematic. At best, you may find yourself embarrassed about your poor decision-making that led to DUI charges. At worst, you may not be able to work in your chosen field, travel to other countries without extra hassles or maintain the trust of your peers when you do gain a position. Even just getting to work each day can be made difficult, if you have a suspended or revoked driver’s license.

If you are charged with DUI in Arizona, it is very important that you seek the advice of a licensed Arizona DUI defense attorney. Through the help of an experienced lawyer, you can fight the charges for a possible dismissal or reduction of those charges or reduced sentencing. (more…)


Click to Watch Important Questions to Ask when Hiring a Lawyer

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