DUI Attorney&Criminal Defense Lawyer in Phoenix Arizona

DUI LAW:

What are the penalties for an Arizona DUI conviction?

Arizona has some of the toughest DUI laws in the country. In Arizona, some of the possible consequences for a DUI conviction are: (1) a mandatory jail or prison term; (2) probation or parole; (3) loss of your driver's license; (4) mandatory installation of an ignition interlock device; (5) loss of automobile insurance or SR22 insurance; (6) court-mandated driving school; and (7) fines.

What should you do if you are an out-of-state visitor and you are arrested for DUI?

It is extremely common that someone who is visiting Arizona from another state is arrested for DUI. Our firm handles many such cases. On a client’s request, we make every effort to have you appear telephonically with both the court and the Department of Motor Vehicles.

An Arizona DUI may affect your driving privileges in the state you reside in. Consequenses vary by state. In addition, depending on the court in which your DUI is being prosecuted and the facts of the case, you may be able to resolve your DUI without retuning to Arizona.

What happens in Arizona if you refuse to take a blood or breath test?

If you refuse any type of chemical test that would determine your blood-alcohol concentration, your driver’s license will be taken away for at least one year. Moreover, most officers, after your refusal, will then obtain a search warrant and take your blood.

If you are asked to take a field sobriety test by a police officer, can you refuse?

Yes. In Arizona, field sobriety tests (such as eye tests, one-leg stand, walk and turn, finger-to-nose tests, etc.) are voluntary.

Do you have the right to an attorney before a police officer asks you to take a field sobriety test?

No. Arizona Courts have ruled that you have no right to counsel until you are placed under arrest. The officer is asking you to perform field sobriety tests in order to gather more evidence against you. In most circumstances, we recommend that you refuse the test and ask to speak with an attorney.

If a police officer asks me if I have been drinking alcohol, do I have to answer him?

No. The answer to this question could be used as evidence against you which is the reason the officer is asking the question. You have a right against self-incrimination. We recommend that you politely decline to answer the question and ask for an attorney.

Can I choose the type of chemical test the officer will perform on me?

No. You cannot choose which test the officer will perform on you. In Arizona the three most common tests are blood, breath and urine.

While you cannot choose the test the officer performs, you may obtain your own independent sample. Depending on the facts of the case, we will recommend the appropriate type of sample for you to obtain.

What is implied consent, and how does it affect me?

Arizona law provides that any person who operates a motor vehicle and is arrested for an offense related to drinking and driving is presumed to have given consent to a chemical test (blood, breath or urine). Consequently, if you refuse to take a chemical test of the officer’s choice, the officer may obtain a search warrant and forcibly take your blood.

Why should I hire an experienced DUI/DWI attorney?

Arizona DUI law is extremely complicated and has severe consequences. DUI law is commonly referred to as a minefield. An attorney must be competent in the Arizona Rules of "Criminal" Procedure, the Arizona Rules of Evidence, the United States and Arizona Constitutions, and the Arizona Department of Motor Vehicles Rules and Regulations.

An attorney cannot do anything for you unless he or she has extensive experience in these areas. Police officers are only human and do commit legal errors. However, only an experienced DUI attorney will be able to find these errors and use them to help his or her client.

You should choose an experienced DUI attorney for the same reason you should choose a qualified doctor. If you break your wrist, you go to a doctor that specializes in wrist injuries. When you are charged with a DUI, you should hire a qualified DUI attorney.

An experienced Arizona DUI attorney can analyze your case for legal errors and defenses. He or she can have blood samples independently analyzed, look for suppression issues, review calibration / COBRA records of breath machines, find the right expert witnesses for your trial, and assist you with your driver’s license issues.

CRIMINAL LAW:

What are my rights if I have been accused of a crime?

Those accused of crimes have a number of rights guaranteed by the US Constitution. These rights include: the right to remain silent in order to avoid self-incrimination, the right to competent legal representation, the right to reasonable bail, right to a fair and public trial, right to be informed of the charges against you, the right to be confronted with the witnesses against you and to gather witnesses of your own, and a number of other rights.

A criminal defendant is also presumed innocent until proven guilty. This means the prosecutor has the burden of proving (beyond a reasonable doubt) you committed the criminal act(s) in question. This also means a defendant does not have to do anything or say anything to prove s/he is innocent.

There are also laws regarding search and seizure which require law enforcement to obtain a search warrant before they are allowed to search a specific place, at a specific time, for specific persons, evidence, contraband, and/or other items. It is important to keep in mind there are some circumstance where police do not need a warrant to search and/or arrest you.

What should I do if I have been arrested?

If you have been arrested, answer all questions about your identification-- such as name, address, and birth date-- truthfully. While you have the right to refrain from answering self-incriminating questions, lying is never a good idea. Giving officers a hard time during the arrest process is also not very beneficial. It usually just makes things tougher on you.

What should I do if I get a call that a loved one has been arrested?

Try to gather as much information as possible about the arrest and write it down. The following questions may be useful: What is the name, birth date, and social security number of the arrested person? What has s/he been charged with? What law enforcement agency made the arrest? Where is the arrested person being held? Has bail been set and, if so, what is the amount?

How do I get out of jail after an arrest?

If bail has been set, the only way to get the person out of jail is to pay the bond for his/her release. A bail bond is like insurance; it means that the suspect agrees to appear at all subsequent legal proceedings. Failure to do so can result in forfeiture of the bond, the issuance of an arrest warrant, and the loss of subsequent bail privileges. In certain criminal cases bail may be denied. If the judge believes there is a high risk, the defendant will flee, or if s/he has been charged with a serious crime like murder, bail may be denied.

Why should I hire a criminal defense attorney?

The importance of competent legal representation is so great that the Constitution guarantees every criminal defendant the right to an attorney. A criminal attorney is your best asset after being charged with a crime. This expert knows the laws and court customs relevant to your case, and can apply this knowledge to protect and maximize your legal interests. No matter what your legal situation, a criminal attorney will help you more than you could help yourself by going it alone. In fact, most judges won''t even consider a plea bargain from a defendant without legal representation.

What is the difference between a misdemeanor and a felony?

Most crimes are divided into two categories, based on the severity of the crime: misdemeanor and felony. State law governs which crimes are considered more serious than others. Generally speaking, a misdemeanor crime is one where the maximum penalty is one year or less in jail.

A felony crime is a more serious crime that can result in jail or prison time for more than one year. Felony charges also bring a number of other legal repercussions if the defendant is convicted. In some states, under certain circumstances, a crime can be considered a misdemeanor or a felony, depending on the specifics of the case. A qualified attorney can maximize your chance that your crime is charged as a lesser offense.

When a fine is the punishment for a legal violation, the action is considered an infraction rather than a criminal offense. For example, a parking ticket is an infraction rather than a criminal charge. In some cases, however, a crime may only receive a fine and it will still be counted as a misdemeanor. For example, possessing a small amount of marijuana for personal use in some states may be a misdemeanor punishable by fine.

What types of punishments do I face if convicted of a crime?

Sentencing can vary depending on the location of the case, the crime, the judge (and sometimes jury), and other specifics of the criminal case. In some cases a punishment for a particular crime is governed by the federal sentencing guidelines, and the judge does not have a big impact on determining the punishment. In other cases, the sentence is up to the judge''s discretion, who will take a variety of factors into account when determining a convicted offender''s punishment.

The most common punishments for a criminal conviction include: incarceration (in jail, prison, or another detention facility), punitive fines, restitution (compensation to the victim), probation, and community service. There are a variety of other penalties that may be more specific to the criminal case. For example, if you are convicted of a DUI or DWI you may be required to attend a DUI school or a drug/alcohol treatment program, have a Breathalyzer installed in your vehicle, face driving sanctions, and more.