People facing intoxicated driving allegations may be frightened and confused. Especially if this is your first interaction with the criminal justice system, you need guidance on protecting your rights and future. The best way to preserve your way of life is to begin building a defense for a first-time DUI in Gilbert as soon as possible.
Talking with a seasoned lawyer today allows them to get to work fighting for you. At Grand Canyon Law Group, we can explain the state’s DUI laws and why your arrest occurred. We then work to identify any weaknesses in the prosecution’s case and exploit those weaknesses during all court sessions.
A DUI charge may result when a police officer has probable cause to believe that a person has operated a motor vehicle while under the influence of a foreign substance. While most people equate this concept with driving after drinking alcohol, taking a street drug or even a prescription medication could lead to an arrest under the state’s DUI law.
The possible penalties for a first-time DUI case in Gilbert are harsh, as our experienced attorneys can explain. According to Arizona Revised Statute § 28-1381, a first-time conviction will result in the following:
These penalties are mandatory minimums and apply regardless of whether the case involved the alleged use of alcohol or drugs. The skilled lawyers at our firm can provide further information about first-time DUIs in Gilbert and the potential penalties.
While the state does not offer a first-offender diversion program in DUI cases, there is an alternative to taking the case to court. In most cases, the prosecutor and judge in the case will allow a defendant to attend alcohol or drug education courses on their own initiative. The successful completion of these courses allows the judge in the case to lower the mandatory jail sentence to a minimum of one day. This can be a way for drivers to accept responsibility for their actions and minimize the impact of the case on their lives. Our Gilbert lawyers can help determine if this option is available for a first-time DUI defendant.
All drivers have the option to contest the prosecutor’s case at trial after a DUI arrest. A local attorney can help a first-time DUI defendant develop a defense that creates reasonable doubt concerning the prosecution’s case.
One possible tactic is to challenge the reason for a traffic stop. Most DUI cases revolve around an officer’s observations and breathalyzer tests after these stops. However, if the stop did not have a proper legal basis, these observations cannot be used as evidence in a trial. An attorney who handles first-time DUIs could argue that a traffic stop violated a person’s rights.
It may also be possible to argue that the officer’s observations were not sufficiently indicative of intoxication or impairment. Especially when cases do not include blood or breath tests, this defense strategy may convince a jury to conclude that the defendant was not sufficiently impaired to justify a conviction.
All criminal allegations are serious matters, and a first-time DUI is no exception. A conviction will see you lose your license for 90 days, pay fines over $1,250, and spend ten days in jail. It is essential that you give yourself an advantage.
Hiring a seasoned lawyer to handle a first-time DUI in Gilbert should be your first priority. The dedicated attorneys at Grand Canyon Law Group can explain the state’s laws, evaluate the information that led to your arrest, and formulate a defense that fits the facts of your case. Call us today for a consultation.