A DUI conviction in Mesa, AZ carries a number of devastating effects and legal penalties. Arizona is well-known for having some of the harshest penalties in the nation. Regardless of the level, DUIs in Arizona can result in jail or prison, high fines, required classes, license suspension, and in many cases the requirement to install an ignition interlock device for a year or more. If someone is a professional driver, or if driving is an aspect of their employment, a conviction could undermine their ability to earn a living. It could also harm a person’s reputation and subject them to a lawsuit.
Picking the right Mesa DUI Lawyer can have a major impact on the outcome of your case. Arranging a consultation to discuss your circumstances is a wise move. The sooner you begin investigating legal options with a defense attorney, the better your chances of reducing the burden of a DUI charge. Good advice increases your chances of a good outcome.
David Lish is certified in DUI testing and Standardized Field Sobriety testing. He can leverage his professional training to potentially challenge your drunk driving stop or field sobriety test. Please call us NOW to get started on your defense right away! En Español.
While the law intends to stop drunk driving, it can also lead to unfair charges and a general misunderstanding of one’s legal rights. The truth is that even police officers misunderstand this law.
Driving while under the influence is not the only way that you can be charged with a DUI. If the state can prove that you were in “actual physical control” of a motor vehicle, this is enough to warrant a DUI charge. An example of this could be sitting in your vehicle in a parking lot with the engine running while intoxicated or impaired. You could be charged with a DUI in this case, and the judge or jury would decide whether you were in control of the vehicle based on the totality of the circumstances.
There is a common misconception that one must be on a major roadway to be charged with a DUI, but this is not the case, either. Parking lots, driveways, and dirt roads are all places where you could be charged. The definition of “driving” in Mesa DUI law is nuanced, so it is critical to get in touch with a skilled attorney as soon as possible after being charged. This will ensure you have the best chance at the best outcome.
It is possible for a passenger to be charged with a DUI in Mesa if an officer has reason to believe that they were in control of the vehicle. There are cases where individuals switch places in a car during a traffic stop, or everyone in a car gets out too quickly for an officer to determine who was behind the wheel. In these instances, it will be up to the jury to decide who was operating the vehicle using evidence and witness statements.
Witness statements are especially important in DUI cases, and officers will make a point to get information from bystanders about who was behind the wheel. Officers will usually try to get statements from everyone in the car, often trying to get the motorist to admit that they were driving the vehicle. If a crash involves injuries, police may gather DNA evidence from the steering wheel, dashboard, airbag, driver’s seat, or any other areas that could establish the identity of the driver. Anyone in the vehicle at the time of a DUI arrest should avoid speaking with law enforcement until they have obtained legal representation from a Mesa lawyer.
If you were charged with DUI despite not driving your vehicle at the time of the charge, there are defenses available to you. For example, if it is hot outside and you decide to sit in your car to stay cool while you wait for a friend or cab to come and pick you up, this could be a defensible reason to be in your car while intoxicated. While an officer may think that you are in physical control of the vehicle, the car is only being used as a shelter from the heat.
Cases like this, where an officer might misconstrue someone’s intention for being in a vehicle, will often be heard in front of a judge or jury. Here, a skilled Mesa lawyer can help you demonstrate that you did not fall under the legal definition of driving or “actual physical control” at the time of your drunk driving charge.
WARNING: You have 15 days from the date of your arrest to challenge your license suspension, or you may give up the chance to stop it.
Many people are surprised to hear that once someone is arrested for DUI, even if it is later determined that the blood alcohol level does not justify conviction, or if a non-DUI plea is reached, or a jury finds them “not guilty” at trial, they are still subjected to a suspension of their license. Unless they act quickly.
A defendant or their Mesa DUI attorney has a right to request a hearing prior to the suspension of their license goes into effect 15 days after their arrest. Once the hearing is requested, the suspension is “stayed”, and the accused will maintain the right to drive until a hearing is held. It is very important to exercise this right.
Another negative effect on your driver’s license, if the suspension is not handled correctly, is that you may end up with an “SR-22” restriction on your license. This would make it so that your driving privilege would be restricted so that you would not be allowed to drive a vehicle without “SR-22” insurance. This is high-risk insurance that can cost a great deal of money every month and can cause issues if driving is part of employment.
If someone refuses to consent to a blood, breathalyzer or urine test when requested by law enforcement when suspected of DUI, their license will be suspended for 1 year. Under Chapter 28 of the Arizona Revised Statutes, anyone who operates a motor vehicle in Arizona consents to having their blood, breath, urine, or other bodily substance tested if they are pulled over for driving under the influence. To administer a test, a police officer must have reasonable grounds to believe that a driver is intoxicated or, if the driver has not yet reached the age of 21, has liquor in their body. A driver who will not take a DUI test must be informed that refusing will cause a one-year suspension of their driver’s license or permit.
A DUI test that reveals a concentration of .08 percent or more alcohol in the driver’s body (or .04 percent or more if they drive a commercial vehicle) results in the suspension of their license for at least 90 days. A test revealing a prohibited drug in the body of a driver who has no valid prescription for the substance also leads to suspension. But in practice, if the officer files the suspension paperwork before any blood or breath has been proven, the suspension will occur before it can be avoided.
Someone charged with driving under intoxication can discuss strategies for avoiding or minimizing the effect of a suspension, avoiding the SR-22, and avoiding or minimizing the conviction by speaking with a DUI defense lawyer in the Mesa, AZ area.
During the arraignment of someone charged with a DUI, the accused is informed of their right to a jury trial and may receive one if they choose. Someone convicted faces a maximum penalty of six months in jail, a $2,500 fine, and 5 years of probation. However, it is rare for these maximums to be imposed. The minimum penalties are that that a person convicted of this crime must be sentenced to at least ten days in jail with up to 9 of them suspended, must pay a fine of at least $250, $500 to the prison construction and operations fund, another $500 to the public safety equipment fund, and may be responsible for community restitution. Higher blood alcohol concentrations and prior DUI’s within seven years can greatly increase the minimum penalties.
But there may be a possibility to get an outcome of a lower offense of DUI than charged, or avoiding a DUI conviction altogether. Someone hoping to avoid such penalties could arrange a consultation with a local drunk driving defense attorney to discuss potential legal strategies for avoiding a conviction.
Most drivers (including those underage) find a DUI charge and other potential consequences of intoxicated driving scary and confusing. An ordinary traffic ticket for speeding or making an illegal turn, or a traffic accident that turns out to be a minor fender bender, while unpleasant, generally allow a driver to pick up the pieces, pay the costs, and get on with their life. A charge threatens longer-lasting consequences.
You may be able to pick up the pieces, however. Someone who understands your circumstances and knows how to protect your rights could steer you toward a favorable outcome. A consultation with a Mesa DUI lawyer could get you on your way.
At Grand Canyon Law Group, you will work with an experienced DUI attorney. You will not be pushed off to an inexperienced or unknowledgeable lower-level associate. You will receive the absolute best in representation and the greatest opportunity to reduce or eliminate charges. And if your case is one that makes sense to take to trial, you will have one of the best trial attorneys in the State.