DUI

Welcome to YourBestLawyer.com. The following video is for a first offense DUI involving drugs within 7 years. Before we start speaking about 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, meaning you don’t necessarily need to be “driving” for an officer to use that word. “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 approach you to start a DUI investigation:

1. Traffic violation, like driving too fast, running a red light, etc.
2. Welfare check. For example, a car crashed in the middle of the road, or a car parked on the side of the freeway, etc.
3. Complaint or third-party observation. For example, a witness calling 911 complaining about a person driving too fast or weaving in and out of lanes.
4. DUI checkpoint.

Once the individual gets pulled over, law enforcement will ask questions such as “Have you been drinking tonight?” or “Where are you coming from?” hoping you will say something incriminating. In Arizona, along with most of the country, you have the right to prevent criminal incrimination. Therefore, it is your choice if you choose to answer that question.

If you give incriminating comments, or even if you admit to drinking a drop of alcohol, you are automatically opening the doors for probable cause to believe that you are possibly committing a crime.

Usually, if you incriminate yourself, the next step is doing some form of field sobriety test. Some physical tests that an officer may ask you to perform are the following:

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

In the state of Arizona, it is not required for an individual under investigation of DUI to take any field sobriety test. Other evidence that the officer can use includes visual and physical observations, such as slurred speech, bloodshot eyes, lack of balance, the smell of alcohol, etc.

Portable breathalyzer tests (PBT) are not admissible in Arizona. However, in most cases, officers around the state carry PBTs. If you submit to a PBT, and if you blow a level of alcohol (over .04 for commercial drivers and over .05 for everyone else), it helps the officer justify an arrest for further testing.

After the officer collects enough evidence, the next step is an arrest. Law enforcement will arrest you temporarily and collect a breath sample with an admissible machine such as an Intoxilizer 8000 or 9000. They may also opt for a blood test (2 vials), a urine analysis, or all three. At this point, Arizona’s "Implied Consent" law, ARS 28-1321(B), comes into effect. If you refuse these tests, your driving privileges will be suspended or denied for a minimum of 12 months. Failure to perform the test correctly may also count as a refusal.

The officer might also inform you that if you refuse to take the test (blood, urine, or breath), they can obtain a search warrant to force you to comply. If it reaches this stage, things can become more difficult. While you are under arrest, they may ask more incriminating questions, such as “On a scale from 1 to 10, how intoxicated do you believe you are?” Again, you have the right to avoid self-incrimination.

Typically, after their investigation is complete, law enforcement will release you unless there are aggravating circumstances.

Most DUIs are classified as class 1 misdemeanors, meaning they carry a maximum punishment of up to 6 months in jail, plus fines, suspensions of driving privileges, classes, and alcohol monitoring (ignition interlock device). However, penalties vary, and minimum mandatory penalties are negotiable depending on the strength or weakness of the case. For a first offense misdemeanor DUI, here are the potential penalties:

• Minimum 10 days in jail (some of the jail time may be suspended).
• Maximum 6 months in jail.
• Fines and fees up to $2,500.
• Alcohol and drug classes and treatments.
• Probation up to 3 years.
• Ignition interlock device for a minimum of 1 year.
• Suspension of Arizona driving privileges or driver’s license for 90 days.

With this information, you should be able to make a well-informed decision about your case. This is not legal advice, but common sense: if the evidence against you is overwhelming, the likelihood of your case being dropped or dismissed is slim. However, if the evidence against you is weak, you may be in a better position to negotiate or possibly have your case dismissed with the right attorney.

Below are three attorney options depending on your finances:

1. Attorneys with at least 2 years of experience in DUI cases: These are the most affordable option, with fees ranging from $2,500 to $5,000. This includes an MVD hearing to try to prevent action against your driving privileges, as well as all court procedures up to trial. Most cases in Arizona do not go to trial, so trial is not included. If your case goes to trial, it will require an additional fee. You can make an offer based on your budget, and attorneys who practice in the court where your case is filed will send inquiries accepting your terms.
2. Attorneys with over 6 years of experience in DUI cases: Recommended for more complex cases, these attorneys charge $5,000 to $8,500. This includes MVD procedures but not trial. You can place a bid with your desired down payment and have attorneys respond with acceptances.
3. Top-notch attorneys with at least 10 years of experience, some of whom are Board Certified Specialists: These attorneys are recommended for high-profile cases where a conviction would have significant consequences, such as for doctors, lawyers, actors, or CEOs. These attorneys thoroughly review every piece of evidence and fight all aspects of the case with expert witnesses. Fees range from $8,500 to $13,000, including MVD services but not trial.

We trust you’ve gained valuable knowledge and can make the best decision based on the available lawyer options. From novice to expert attorneys, each aims to achieve case dismissal or the best possible outcome with minimal exposure. Best of luck, and we hope you have a great experience using our platform!

Credit for this script:
Author: Felix Martinez
Attorney Review: Gordon Thompson