Driving while under the influence of alcohol or drugs is a serious offense. The crime is usually charged as a misdemeanor, the least serious category of offense, but the penalties are still something you will want to avoid.
Reach out to a Goodyear DUI lawyer at the Grand Canyon Law Group when you face a DUI charge. As former prosecutors with years of experience on both sides of the courtroom, we know how to resolve a DUI charge as favorably as the circumstances permit – but you need to call us as soon as possible.
State law defines three forms of misdemeanor driving while intoxicated. Arizona Revised Statutes § 28-1381 describes a simple DUI as driving while impaired by an intoxicant, which could be alcohol or drugs. When a driver’s blood alcohol concentration (BAC) is .08 or higher, the driver is legally intoxicated.
R. S. § 28-1382 governs situations where a driver’s alcohol consumption is well above the legal limit. When a driver’s BAC exceeds .15 but is less than .20, the crime is called extreme DUI. When the driver’s BAC exceeds .20, the driver could be charged with super extreme DUI. All three DUI crimes are Class 1 misdemeanors.
Anyone convicted of a DUI crime faces mandatory jail time. When the crime is a simple DUI, the driver could be sentenced to ten days of jail time, but a judge could suspend all but one day of the sentence. Extreme DUI carries a mandatory minimum sentence of 30 days in jail, and a judge would only consider suspending part of the sentence if the offender installs an ignition interlock device. A super extreme DUI conviction leads to a minimum sentence of 45 days in jail, and suspension of some jail time at the judge’s discretion if the offender has installed an ignition interlock device. These minimum sentences are for first offenders; repeat offenders face longer sentences.
In addition to jail time, a conviction on a DUI charge leads to mandatory alcohol and drug screening and treatment if the screen indicates a substance abuse issue. An offender’s driver’s license will be suspended, and they will need to install an ignition interlock device to get the license reinstated. DUI convictions also carry high financial penalties and surcharges that can exceed several thousand dollars.
A Goodyear attorney can explain the penalties a person might face in a DUI case. You should act quickly and schedule a consultation at the earliest opportunity.
R. S. § 28-1383 lists multiple aggravating factors that could turn a simple DUI into an aggravated DUI, which is a felony. Felony convictions carry prison sentences, rather than time in the local jail, and anyone convicted of a felony loses their voting and gun rights.
A third DUI charge within seven years leads to a felony charge. Other factors that lead to felony DUI charges include committing a DUI:
Driving the wrong way on a highway could also lead to aggravated DUI charges, most of which are Class 4 felonies. All the consequences that apply to simple DUI—license suspension, ignition interlock device, mandatory drug and alcohol screening, hefty fines, and surcharges—also apply when an offender is convicted of aggravated DUI. The mandatory sentence a first offender must serve upon conviction is four months in prison, but the sentence could be as long as three years and nine months. Repeat offenders face longer sentences. Our Goodyear attorneys explore every option for reducing a DUI charge to a misdemeanor and try to defeat the charge entirely.
Drivers sometimes feel that if they have failed a field sobriety test or chemical test, they might as well plead guilty to DUI charges. That would be a mistake, because DUI is still a defensible charge.
Our former prosecutors at the Grand Canyon Law Group will look into every possible weakness in the case. In an appropriate case, we will review police dashcam footage to verify the officer had a reasonable suspicion justifying a traffic stop. We will scrutinize the credentials of the officer who administered the sobriety test and the procedures used to collect, store, and test the driver’s urine or blood.
When the prosecutor has strong evidence a DUI offense was committed, it is still possible to negotiate a more favorable resolution to the charge in many cases. Trust our drunk driving defense attorneys to achieve the best result possible under the circumstances.
Driving while intoxicated is a common occurrence and you always have the right to fight the charge. Reach out to a Goodyear DUI lawyer as soon as you can after your arrest.
Do not plead guilty to a DUI charge before speaking with a legal professional at the Grand Canyon Law Group. We can help you beat the charge, or at least reduce its consequences – but it is critical to call us NOW so we can discuss your defense strategy.