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Case Process for DUI Charges in Phoenix

It can be scary to face charges for driving under the influence due to the terrible potential consequences. Having a DUI on your record comes with significant social stigma as well as possible jail time, fines, and license suspension. Additionally, the process can be confusing, making it important for those accused to seek experienced legal counsel.

At Grand Canyon Law Group, our knowledgeable DUI attorneys are here to explain the case process for DUI charges in Phoenix. Our team can prepare you for the legal proceedings so you can defend your rights and minimize the impact of the charges on your way of life.

Getting Charged with Drunk Driving

There are multiple ways to be charged for or accused of driving under the influence. The most traditional one is to have your ability to drive a car be impaired at all by alcohol. These charges can be classified by “per se” levels, where if somebody over a certain blood alcohol concentration (BAC), then they are considered to be driving under the influence.

Per Se Levels for Misdemeanor DUI

The first level is over a 0.08 BAC. For 0.15 or above, the driver may be charged with extreme DUI. A BAC of .20 or above may be considered a super extreme DUI. These charges are all misdemeanor DUIs.

Felony Intoxicated Driving Charges

There are several scenarios that could lead to felony DUI charges. These include the following:

  • Intoxicated driving with a child under the age of 15 in the car,
  • Driving the wrong way on a street while intoxicated
  • Having three or more DUIs within seven years
  • Intoxicated driving with a license that is still suspended for a previous DUI
  • Driving in violation of an ignition interlock device requirement from a previous DUI

A Phoenix attorney could further explain the case process for felony DUI charges.

Process for Drug DUIs

Our legal team has seen a large increase in marijuana DUIs or drug DUIs in Phoenix. A driver could even be charged with DUI for use of prescription drugs if the police believe it impaired their ability to drive.

Prosecution Proceedings for DUI Charges in Phoenix

The process after a DUI arrest will depend on which court the case goes through, which is determined by which police agency issued the citation. Usually, the Phoenix Police Department handles most of DUI cases. Misdemeanor DUIs go through Phoenix municipal court. If a sheriff or Department of Public Safety officer issued the citation, then the DUI case will go to one of the many justice courts in Phoenix, which are run by the county instead of the city. In either case, it is best to seek help from a local attorney to prepare for the DUI court process.

Intoxicated Driving Court Process

After arresting a person for DUI, the officer may give a citation and a court date before releasing them. The officer may also wait until the blood results come in. If the results indicate a BAC over 0.08 or the presence of drugs, the officer will send the results to the prosecutor to charge the case.

In this case, the accused driver will receive a letter in the mail notifying them of the charges and court date. This could happen months after the initial arrest or citation. Prosecutors have up to one year to charge misdemeanor DUIs, and up to seven for felony charges.

Sentencing for Driving Under the Influence

Phoenix and Arizona in general are known for taking DUIs seriously. Most cities in Arizona have a strong push for DUI enforcement, and the penalties are harsh compared to other states. Even a first-time conviction requires jail and an ignition interlock for at least a year, as well as heavy fines. As such, it is critical to consult a lawyer in Phoenix on the sentencing process for DUI charges and discuss any mitigating or aggravating factors.

Consult a Phoenix Lawyer on the DUI Case Process

DUI cases can be complex processes from the moment you are pulled over to the resolution of a trial or sentencing hearing. At Grand Canyon Law Group, our experienced legal team can help you at every stage of the case process for DUI charges in Phoenix. We can discuss whether it makes sense to take a plea agreement or go to trial, and we are prepared to use every available strategy to secure the best possible resolution in your situation. Give us a call today to speak with our dedicated defense attorneys.

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