Arizona in known to have some of the harshest laws in the nation against Driving under the Influence (DUI). The statutes/ laws can be confusing. The prosecutors are aggressive. But there are multiple defenses to DUI cases and they require a highly experienced attorney that focuses specifically on DUI and criminal defense charges. It is vital that you hire the right Gilbert DUI lawyer to defend your freedom and future. It can make all the difference.
The founding partners at Grand Canyon Law Group, David Lish and Ryan McPhie, are both former DUI prosecutors with years of successful defense against DUI charges. David Lish has the ability to leverage his DUI training and Standardized Field Sobriety testing to identify any errors made during a DUI stop. We are in Gilbert Courts and Superior Court often defending against these charges. We know the judges and prosecutors on the other side and how they will attack your case. We can create a proactive defense to obtain the best outcome for you. En Español.
DUI statutes and charges can be a bit confusing. Your best option is to speak with an experienced Gilbert DUI lawyer at Grand Canyon Law Group to discuss the charges, options, and process. But below we categorize and define the kinds of DUI to provide context.
If someone is charged with DUI as above, but one of the following circumstances exist, it will almost certainly be charged as a felony “Aggravated DUI”. Greatly increasing the potential penalty, including mandatory prison time.
An attorney who has extensive knowledge of the local DUI laws can determine what defense or defenses may be used for a particular case. One possible defense may be if there was no just cause to stop the individual, but the police did so anyway. If the stop is successfully challenged, a judge may kick out or “suppress” all evidence obtained after the illegal stop, including the blood result that is the basis for your charges. This often results in a full dismissal of the charges.
The accuracy of the “chemical tests” such as breath or blood tests, are always subject to challenges, but almost always would be a question to be challenged to the jury at trial. Another common defense that can be persuasive for negotiation or trial, is if the accused was not actually operating their vehicle at the time police arrived on the scene. These are called “Actual Physical Control” cases. Because you can be found guilty of DUI if you are either driving a vehicle or if you are in “actual physical Control” of it. There are numerous other challenges that your experienced Gilbert DUI attorneys at GCLG can use in their experience as former DUI prosecutors to fight for the best outcome for you. Whether by plea, a challenge to evidence, or in a jury trial.
The outcome of a DUI case in terms of sentencing will depend on whether the person is charged with a regular DUI, extreme, or super extreme DUI, or Aggravated DUI. It will also depend on the circumstances, and can lead to serious felony charges if someone is injured in an accident in which the accused was guilty of DUI. It will also depend on whether the accused has any prior DUI convictions, especially within the previous 7 years. In a case where the accused has been convicted of a DUI before, the judge’s sentence may be considerably more severe, and the mandatory minimums under the law can skyrocket, especially for a 2nd time extreme or Aggravated DUI. Depending on the person’s blood alcohol content at the time of the alleged offense and whether this a first or subsequent DUI, a person faces a minimum of 10 days and up to 6 months in jail for a misdemeanor DUI and be ordered to pay thousands of dollars in fines.
If charged with a first Aggravated DUI, the law requires 1 to 3.75 years in prison, with a minimum under the law of 4 months if the prosecutor and judge agree to probation. For a 2nd Aggravated DUI, the State is likely to seek many years in prison. Beyond custody and the hit to the criminal record, DUI charges result in MVD/ ADOT effects to a driving privilege. The individual could lose their driving privileges and almost all DUI convictions in Arizona result in a requirement to install an ignition interlock device on any vehicle the person drive. Community service may also be required.
It is incredibly important to hire a highly experience Gilbert DUI attorney with the knowledge and track record to fight the charges against you and keep you educated throughout the process.
DUI charges take you into an unfamiliar world. The attorneys at Grand Canyon Law group have been through this process thousands of times with our clients. We will guide you through every step of the way. From the beginning to help you understand what to expect. To explaining the strategies being employed to fight the case. To presenting the options and potential outcomes. To making sure you are clear on any requirements so that you do not put yourself at risk for future violations and so you can put the case behind you as quickly and painlessly as possible.
While most people just consider the criminal case for their DUI and the consequences there, it is important to deal with the MVD consequences to your driver’s license at the same time. Maintaining employment and understanding how to navigate the license issues is a value that we provide to our clients. Our representation includes representation in front of the ADOT executive hearing office, a sort of its own court system, to minimize the damage to your driving privilege. As with the criminal case, we will provide you with options and keep you informed, but it is very rare for our clients to need to appear for these hearings.
When facing a DUI-related offense, you may feel worried or unsure about your future. It would be natural to feel that way. Fortunately, you can put those worries aside when you retain the services of our professional attorneys at Grand Canyon Law Group, Ryan McPhie and David Lish. Both have years of experience working as DUI prosecutors and many more as DUI defense attorneys, focused on DUI and successfully fighting thousands of cases. With their skillset on your side, the likelihood of obtaining a positive result is greatly increased.
A Gilbert DUI lawyer at Grand Canyon law group will benefit you in multiple ways. By providing peace of mind in knowing what to expect, knowing we are fighting for the best outcome in your case, and keeping you informed throughout the process. To schedule a case consultation, get in touch with the office today. You will speak directly with a Gilbert DUI lawyer from the beginning, not a legal salesperson. We love what we do, and hope to have the opportunity to prove the GCLG difference.