DUI

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This video is about a second offense DUI within 7 years. Before discussing DUI cases, let’s define some key terms. According to Arizona Revised Statute 28-101.24, "driving" refers to operating or being in physical control of a motor vehicle, meaning you don't necessarily have to be driving for an officer to accuse you of it. "Under the influence" refers to being impaired by alcohol, drugs, medicines, vapors, toxins, or any substance to even the slightest degree.

In Arizona, law enforcement typically initiates DUI investigations in one of four ways:

1. Traffic violations, like speeding, running a red light, etc.
2. Welfare checks, such as responding to a crashed or parked car on the side of the road.
3. Third-party complaints, like a witness calling 911 about reckless driving.
4. DUI checkpoints.

Once pulled over, law enforcement may ask questions like “Have you been drinking tonight?” or “Where are you coming from?” hoping you’ll admit to drinking or say something incriminating. In Arizona and much of the U.S., you have the right to avoid self-incrimination, so it’s your choice whether to answer these questions.

Incriminating yourself, even by admitting to a small amount of drinking, gives probable cause for further investigation. The next step is usually a field sobriety test, which may include:

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

In Arizona, you are not legally required to take any field sobriety tests. Officers may also rely on visual and physical observations like slurred speech, bloodshot eyes, or the smell of alcohol.

Portable breathalyzer tests (PBT) are not admissible in Arizona courts, but officers often use them to help justify an arrest if your blood alcohol content (BAC) is over 0.04% (for commercial drivers) or 0.05% (for others).

After gathering evidence, the officer may arrest you and conduct further testing with machines like the Intoxilyzer 8000 or 9000, a blood test (2 vials), or a urine analysis. Arizona’s "implied consent" law (ARS28-1321(B)) states that refusing these tests can lead to a suspension of your driving privileges for at least 12 months. If you refuse, officers can obtain a search warrant to force the tests.

During your arrest, officers may ask more incriminating questions, such as "On a scale from 1 to 10, how intoxicated do you feel?" Remember, you have the right to avoid self-incrimination.

After the investigation, you may be released unless there are aggravating circumstances. Most DUIs in Arizona are class 1 misdemeanors, which carry penalties of up to 6 months in jail, fines, driving privilege suspensions, classes, and alcohol monitoring. The penalties for a second offense misdemeanor DUI include:

• Minimum 90 days in jail (some may be suspended)
• Maximum 6 months in jail
• Fines and fees exceeding $3,000
• Alcohol and drug classes
• Ignition Interlock Device for more than a year
• Probation for up to 5 years
• Driver’s license suspension for 1 year
• At least 30 hours of community restitution

With all this information, you can make an informed decision about your case. This is not legal advice, but common sense: if the evidence against you is strong, it’s unlikely your case will be dismissed. If the evidence is weak, you may have better negotiation leverage or a chance for dismissal with the right attorney.

We offer three options depending on your finances:

1. Attorneys with 2+ years of DUI experience. These are the most affordable, starting at $2,500–$5,000, including an MVD hearing but excluding trial. You can negotiate fees based on your finances, and attorneys will respond with offers.
2. Attorneys with 6+ years of DUI experience. Recommended if you need more expertise and trial representation. Fees range from $5,000–$8,500, including MVD procedures but excluding trial. You can submit your desired down payment, and attorneys will respond accordingly.
3. Top-tier attorneys with 10+ years of experience, including board-certified specialists. These are ideal for high-profile cases where dismissal is critical. Fees range from $8,500–$13,000, including MVD services but excluding trial. Recommended for professionals like doctors, attorneys, or CEOs where a conviction could be disastrous.

We hope you’ve gained more knowledge and can make the best decision. Every attorney, from novices to experts, 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:

Author: Felix Martinez

Attorney Reviewer: Gordon Thompson