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Arizona DUI Law

Common Consequences of a DUI or DWI

Consequences of a DUI or DWI

Most states have taken a strong stance against drunk/intoxicated driving in the past two decades, and the enhanced penalties mean that a conviction for driving under the influence can create both short and long-term problems after the fact. Even a first conviction for DUI can result in automatic jail time and a license suspension, as well as significant fines and expenses related to court ordered drivers education. In addition, the conviction record generally stays on the defendant’s criminal history for up to 10 years in many states, and any subsequent arrests and convictions will lead to even harsher penalties. This is especially true when there are aggravating circumstances. When all things are considered, it can be vital to retain an experienced and aggressive criminal defense attorney to represent your case even in an apparently simple case because evidence can often be contested. (more…)


Is an Extreme DUI the same as an Aggravated DUI in Arizona?

Extreme DUI vs Aggravate DUI in Arizona

Extreme DUI vs. Aggravated DUI in Arizona

In Arizona, being charged with driving under the influence of drugs or alcohol (DUI) is not as simple as one set of charges and penalties. There are a multitude of factors that can lead to felony charges when you are pulled over for a DUI. A DUI in the state of Arizona can be considered “extreme” or “aggravated,” beyond just a regular DUI case.

Extreme DUI penalties in Arizona are determined according to the severity of the crime, with a DUI rated as a regular misdemeanor, an aggravated DUI or extreme DUI.

Some of the possible penalties of a conviction for driving under the influence (DUI) include: (more…)


Charged with DUI in Arizona with Suspended License

Arrested for DUI in Arizona

Driving under the influence of drugs or alcohol while your license is revoked, canceled, suspended or refused in the state of Arizona is considered an Aggravated DUI charge, as specified in Arizona Revised Statutes, ARS 28-1383(A)(1). There are a multitude of reasons why an individual’s license may have been revoked or suspended, including the below:

  • Driving under the influence (DUI) – ARS 28-1381
  • Extreme and super extreme DUI – ARS 28-1382
  • DUI involving serious injury or death – ARS 28-1385
  • Other reasons, as enough points are incurred against the driver’s license

If you are caught driving with a suspended license while under the influence, it is very important that you immediately contact an attorney who knows Arizona law and can help you defend yourself in court. These are serious issues with serious penalties for which you will need the help of a good criminal defense lawyer. (more…)


What You Need to Know About DUI Laws While on Vacation

DUI while on vacation

If you have a summer vacation planned this year, it’s possible that rest, relaxation, and even a few cocktails are part of your itinerary. While you can leave many of your day to day tasks and worries behind, when you’re on vacation, it’s important to remember that things like DUI and accident laws exist wherever you may go.

Drunk driving related accidents occur everyday and are even more prevalent during summer holidays such as Memorial Day, Fourth of July, and Labor Day. The U.S. Department of Transportation reports that millions of Americans get behind the wheel after drinking alcohol and approximately every 2 hours, 3 people are killed in a drunk driving accident. (more…)


What are the Types of Arizona Felony Classes

Types of Arizona Felony Classes

Felony Class Types in Arizona

There are six levels of felony classes in Arizona. Each class has its own guidelines for punishment if convicted. When looking at sentencing, the law presumes that everyone will start at the presumptive sentence however, this sentence can be increased or decreased if mitigating or aggravating factors are found by the Judge or jury. The following sentencing ranges apply to a person with no prior felony convictions.

  • Class 1 – The only crime that falls under a Class 1 felony is murder. Murder charges are divided into two categories: First or Second Degree. First degree murder is punishable by the death penalty or by life in prison without parole. Second degree murder requires a minimum prison sentence of 10 years up to a maximum sentence of 25 years.
  • Class 2 – A Class 2 felony allows for a minimum sentence in the Department of Corrections of three years. This can be increased to up to 12.5 years for aggravated. Probation, with up to one year in jail, is also available.
  • Class 3 – Class 3 felonies allows for a minimum of two years in prison with an aggravated sentence of up to 8.75 years. Probation is also available.
  • Class 4– If sentenced to prison on a Class 4 felony, you face anywhere between 1 to 3.75 years. Again, probation is available.
  • Class 5 – A Class 5 felony provides for a minimum of six months in prison however, can be increased to up to 2.5 years. Probation is available.
  • Class 6 – Although a Class 6 felony, an example could be a DUI in Phoenix, also allows for a probation sentence, if sentenced to prison the range allows for anywhere between .33 – 2 years.

(more…)


Drugged Driving Can Cause Serious Consequences

drugged dui accident

When the term “driving under the influence” is heard, the first thing that usually comes to mind is alcohol intoxication. But alcohol is only one of the countless substances that can impair an individual’s ability to drive. Driving under the influence of drugs, including prescription medications and illegal substance can cause severe consequences. According to the Substance Abuse and Mental Health Services Administration (SAMHSA), approximately 10 million Americans drive under the influence of drugs each year, making up 18% of fatally injured drivers. Let’s examine the top three consequences that drugged driving can cause. (more…)


What to do when Arrested for DUI with a CDL (Arizona Commercial Drivers License)

If you have a commercial driver’s license (CDL) and are arrested for a DUI in your personal vehicle, it’s going to have an impact on your license. Today I’m going to walk you through potential outcomes of a Phoenix DUI and discuss your options for dealing with a DUI with a CDL.

If you’re stopped while driving and willingly provide a blood, breath or urine test above .08 percent Blood Alcohol Content (BAC), your license will be suspended for 90 days. Instead, if you meet certain criteria, you may be eligible for a 30/60 day permit. A 30/60 day permit means 30 days of no driving and 60 days of driving restricted to going to and from work, school or a doctor’s office. This is preferable to a 90-day suspension. This suspension is called an “Administrative Per Se” suspension, or “admin per se” for short. In order to qualify for the restricted driving permit after the first 30 days, you’ll have to go through alcohol screening. As part of this process, they’ll tell you that you need to take a certain amount of classes, but completing these classes isn’t required to get the 30/60 permit.

Law enforcement officers may obtain a warrant to compel you to provide a test sample if you aren’t willing to volunteer one. The default suspension for forcing them to get a warrant, called a refusal, is much longer than if you comply. Under implied consent laws (laws that state you agree to BAC testing by driving), your license will be suspended for a full year. This is called an implied consent suspension, and like the admin per se suspension, it can be commuted to a three-month/nine-month permit. Like the 30/60 permit, this allows driving to work, school or a doctor for the last nine months and requires an alcohol screening. You’ll also need an SR-22. An SR-22 will increase your insurance rates and allow your insurance company to “rat you out” if your insurance ever expires.

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As an additional requirement, you’ll have to put an interlock device or breath-testing device on your car’s steering wheel. In order to start your car or continue driving it, you’ll have to blow into this device every 15 minutes. If you fail to blow into it every 15 minutes, your engine will turn off. Every 90 days, you’ll have to take the car in to have the chip in the interlock or breath-testing reviewed to make sure you never blew above a .020 BAC. This BAC requirement has built-in leeway to account for alcohol that may be contained in medicines or absorbed through methods other than drinking. It’s below the BAC most people blow after a single drink, so if you have any drinks and drive, you’ll fail the review.

(more…)


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