DUI

Welcome to YourBestLawyer.com. The following video is for Aggravated DUI, third offense DUI within 7 years or 84 months. As you know, the state of Arizona is extremely harsh when it comes to DUI offenses. In fact, Arizona is one of the few states where you can receive a felony DUI on a first offense if pulled over under the influence.

Before we start discussing DUIs, let’s cover some definitions. According to Arizona Revised Statute 28-101.24, “driving” means to operate or be in physical control of a motor vehicle. This means you don’t necessarily need to be “driving” for an officer to use that term. The term “under the influence” means that the person is under the influence of alcohol, drugs, medicines, vapors, any toxins, or any substance that impairs a person to the slightest degree.

Typically, in the state of Arizona, there are 4 ways that law enforcement can initiate a DUI investigation:

• Traffic violation, such as driving too fast or running a red light.
• Welfare check, for example, a car crashed in the middle of the road or a car parked on the side of the freeway.
• Complaint or third-party observation, such as a witness calling 911 to report someone driving too fast or weaving in and out of lanes.
• DUI checkpoint.

Once the individual is pulled over, law enforcement may ask questions such as “Have you been drinking tonight?” or “Where are you coming from?” They hope you will say something incriminating. In Arizona, and most of the country, you have the right to avoid self-incrimination. It is your choice whether to answer these questions.

If you make incriminating statements or admit to drinking even a small amount of alcohol, you may provide probable cause for the officer to believe you are committing a crime.

If you incriminate yourself, the next step is typically a field sobriety test. Some common tests an officer might ask you to perform include:

• Horizontal Gaze Nystagmus (eye coordination test)
• Walk and Turn
• One-Legged Stand

In Arizona, you are not required to take any field sobriety tests. Other evidence an officer might use includes visual and physical observations, such as slurred speech, bloodshot eyes, lack of balance, and the smell of alcohol.

Portable breathalyzer tests (PBTs) are not admissible in Arizona, but officers may still use them. If you submit to a PBT and blow a certain level of alcohol (over .04 for commercial drivers and over .05 for others), it can help the officer justify an arrest for further testing.

After gathering evidence, the next step is an arrest. Law enforcement will arrest you temporarily and collect a breath sample using an admissible machine like the Intoxilyzer 8000 or 9000. They may also opt for a blood test (2 vials) or a urine analysis, or all three. Arizona's implied consent law (ARS28-1321(B)) means if you refuse these tests, your driving privileges will be suspended or denied for a minimum of 12 months. Failure to take the test correctly may also count as a refusal. The officer may also inform you that they can obtain a search warrant to compel you to take the test, which could escalate the situation. While you are arrested, you may be asked more incriminating questions, such as rating your level of intoxication from 1 to 10. Remember, you have the right to avoid self-incrimination.

Typically, after completing their investigation, the officer will conduct an arrest and book you in.

If an individual is driving under the influence with 2 prior DUI convictions within 84 months, they face an Aggravated DUI Class 4 Felony. For this case, the state needs to prove:

• Establish reasonable suspicion for the stop
• Establish that the individual has an alcohol concentration above .05 or is under the influence of drugs or any substance causing impairment
• 2 prior DUI convictions within 84 months

According to Arizona sentencing guidelines, a first offense Class 4 non-dangerous felony may carry between 1 to 3.75 years in prison. However, for an aggravated DUI, there is a minimum prison sentence of 4 months. According to Arizona Revised Statute 28-1383D, the minimum sentence of 4 months cannot be lowered, pardoned, commuted, or suspended. If the person has prior felony convictions, sentences will increase based on the number of prior felonies.

Here are 3 options depending on your finances:

• The first option is with attorneys who have at least 2 years of experience in felony DUIs. They will be the most affordable option if you have significant evidence and need a lawyer who will seek the best deal without breaking the bank. These attorneys start at $6,500 to $8,500 as a flat fee, not including trial. You can make an offer based on your finances, and attorneys practicing in the relevant court will send you inquiries accepting your terms.
• The second option is with attorneys who have at least 7 years of experience in DUI cases. This is recommended for cases with less evidence where you need more knowledge, exposure, and trial skill to obtain a dismissal. These attorneys start at $8,500 to $15,000, not including trial. You can place a bid with your desired down payment and have attorneys respond with acceptances.
• Finally, we have top-notch attorneys who have at least 15 years of practice in the field and are sometimes Board Certified Specialists, meaning they meet higher standards set by the Arizona State Bar. These attorneys are recommended for high-profile cases where you seek dismissal at any cost. For example, if you are a doctor, attorney, actor, or CEO, and a conviction could ruin you or your company, these attorneys meticulously review every detail of the evidence and fight every aspect of the case with expert witnesses. Their fees range from $15,000 to $20,000, not including trial risks.

We hope you’ve gained valuable information to help you make the best decision regarding available lawyer options. Each attorney, from novice to expert, aims to achieve case dismissal or obtain the best possible result with minimal exposure. Best of luck, and may you have a great experience using our platform!

Credit for this script:
Author: Felix Martinez
Attorney who checked for correct information and ensured no legal advice was given: Gordon Thompson