Without a proper legal defense, DUI charges have the potential to ruin your life. Beyond the jail time, fines, ignition interlock requirements, etc., penalties like the loss of a driver’s license can affect your ability to work and provide for your family, while certain felony charges could lead to significant prison sentences. In addition, the effect on your criminal record has obvious negative effects. When the stakes are this high, it is crucial to seek representation from a dedicated criminal defense attorney.
At Grand Canyon Law Group, an Apache Junction DUI lawyer can build a rigorous defense to fight the allegations against you and protect your way of life. Our law firm, founded and run by former DUI prosecutors, knows how to handle cases the right way to mitigate or avoid the consequences of a conviction.
State law sets forth harsh penalties for driving under the influence. Under Revised Statute 28-1381, a driver may face misdemeanor DUI charges for having a blood alcohol concentration (BAC) of 0.08 percent or higher within two hours of driving or being in physical control of a motor vehicle, or even if their blood alcohol level is under .08 and they are impaired “to the slightest degree.” However, DUI charges can be escalated for cases involving higher BACs or other aggravating factors.
If a driver has a BAC between 0.15 and 0.20 within two hours of driving, they may be charged with extreme DUI. Super extreme DUI charges are for BACs over 0.20. These offenses are misdemeanors but can carry severe penalties including significant jail time and fines, as a knowledgeable local attorney could further explain. In addition, if the offense is a second DUI in seven years, the jail and fines can skyrocket.
Felony charges could be brought in various scenarios, such as driving under the influence with a suspended or revoked license due to a prior DUI conviction. Other aggravating factors may include:
These felony DUI charges could result in the long-term or permanent loss of a driver’s license. Additionally, an accused person faces prison sentences for aggravated DUI charges, not to mention the negative impact of a criminal record. Due to these risks, it is crucial for a person charged with DUI to work with our aggressive lawyers on a well-tailored defense strategy for their case.
All DUI cases require proof beyond a reasonable doubt that the driver was under the influence of some type of intoxicating substance when behind the wheel, or that their body contained a certain level of alcohol or contained drugs. Law enforcement may investigate these cases using various methods designed to test for driver intoxication.
These tests are designed to look for indicators of intoxication or impairment without any “chemical” testing, such a blood, urine, or breath test. The accepted field sobriety tests include the one leg stand test, the walk and turn test, and the horizontal gaze nystagmus (HGN) test. Law enforcement officers are trained to look for indicators of impairment or intoxication when performing these tests.
Breath tests are commonly used to test for alcohol presence or level. The breath test may be conducted on the roadside or back at the police station. Different breath instruments are more or less reliable. Some are so unreliable that the results are not admissible in court. Others are considered more reliable but can be challenged.
Blood and urine tests are designed to test a person’s alcohol concentration or provide proof that the driver was under the influence of drugs or had them in their body. These chemical tests are primarily utilized for detecting the presence of intoxicating drugs.
Both types of tests are subject to strict procedures that law enforcement is required to follow. Failure to follow these procedures could result in the inadmissibility of the evidence or subject them to attack in front of a jury. Our seasoned lawyers are skilled at investigating the circumstances of a DUI charge and protecting a defendant’s rights against violations by law enforcement.
All DUI allegations should be taken seriously and defended proactively with the help of an attorney. Regardless of your situation, there may be ways of reducing or eliminating or reducing the severe penalties that come with a criminal conviction. Speak with an Apache Junction DUI lawyer about your circumstances. At Grand Canyon Law Group, our legal team is made up of former DUI prosecutors who have successfully defended countless DUI cases. Contact us today to learn how we can fight on your behalf.