Drunk Driving Defense

You have the right to remain silent. You do not have to assist the police in prosecuting you.

 
 You Been Charged With Drunk Driving?
A DUI conviction on your record can have a negative impact on your life—you could get a suspended driver’s license or an Ignition Interlock Device placed on your car, or even jail time. Luckily, depending on the facts, there are many defenses for DUI. A good attorney combs the facts with a client to find the weaknesses in the state’s case.
 
1st Time Offense
Driving Under the Influence (DUI)
A first time misdemeanor offense can result in the maximum punishment, including six months in jail; a $2500 taxable fine; up to five years of supervised probation; mandatory alcohol education; and community service. DUI is one of the few offenses that have a minimum mandatory sentence associated with it. That means if you plead guilty to the offense, or if convicted by a judge or jury, you can be sentenced to:

  • Serve at least 24 consecutive hours in jail
  • Serve unsupervised/supervised probation for one year
  • Attend alcohol screening and follow-up counseling
  • Pay fines of at least $1,400.55 and up to $3000
  • Have an Ignition Interlock Device put on your car
  • Attend a M.A.D.D. Victim’s Impact Panel
  • Have your driver’s license suspended up to 90 days
  • Perform community service

Felony Offense
Driving Under the Influence (DUI)
There are different categories of aggravated or felony DUI. Felony DUI charges are not based upon the amount of alcohol in your system, but on the following factors:

  • A DUI on a suspended driver’s license
  • A DUI with a child 15-years-old or younger in the car
  • Two prior DUI offenses within 7 years
  • Driver’s license suspension up to 90 days


2nd Time Offense
Driving Under the Influence (DUI)
The consequences of a second time misdemeanor DUI, which does not include a felony or suspended license, but does include a prior DUI in Arizona or another state within the past seven years, can result in:


  • 30 days minimum mandatory jail time
  • Fines up to $5,000
  • Supervised/unsupervised probation
  • Alcohol screening and counseling
  • Mandatory attendance at a M.A.D.D. Victim’s Impact Panel
  • Ignition Interlock Device on car
  • Revocation of drivers license for up to one year

 

 Under 21 DUI
Consumption, Fake ID
While adults have a cutoff blood alcohol content (BAC) of .08, minors can be charged with DUI if there is ANY alcohol in their system, even if there are no signs of alcohol impairment. The penalties can be:

  • drivers license suspension for up to 2 years
  • a minimum mandatory 1 day in jail
  • alcohol evaluation and counseling
  • fines of at least $1465.00
  • other fees
 
If you are found to be consuming alcohol while under the age of 21, you also face the possibility of a drivers license suspension up to 2 years, fines up to $500, community service and alcohol counseling.
 
If you have a fake ID and get caught using it, then you face alcohol counseling, fines up to $750 and a possible jail sentence of 4 months.

Driving Under the Influence (DUI) Defenses
There are many defenses to DUI, beginning with whether or not the police were righteous in pulling you over in the first place. Other factors include whether or not the sobriety test was given in the appropriate manner; was the officer properly trained to administer the sobriety test; was the breathalyzer in proper working condition; was blood tested by an independent laboratory free of contamination; and whether or not a second blood sample was retested.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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