DUI

Welcome to the yourbestlawyer.com; The following video is for a second offense Super Extreme DUI within 7 years. Before we start speaking about DUI’s 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. The meaning of “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 under 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, such as 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 from a bar or something incriminating. In Arizona, along with most of the country, you have the right to prevent self-incrimination. Therefore, it is your choice whether or not you answer that question.

If you give incriminating comments, or even admit to drinking a drop of alcohol, you are automatically opening the door 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 types of physical tests that an officer may ask you to perform include:

• 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 for 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, smell of alcohol, etc.

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

Once the officer gathers 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 Intoxilyzer 8000 or 9000. They also have the option to take a blood test (2 vials), a urine analysis, or all three. If you are at this point, Arizona has a law called implied consent (ARS28-1321(B)). Refusing to take these tests can lead to a suspension or denial of your driving privileges for at least 12 months. Failure to take the test correctly may also count as a refusal. The officer might also tell you that if you do not take the test, they can obtain a search warrant and force you to do it.

During your arrest, they may ask more incriminating questions, such as “On a scale from 1 to 10, how intoxicated do you believe you are?” As stated before, you have the right to avoid self-incrimination.

Typically, after the investigation, you are released unless there are aggravating circumstances.

Most DUIs are class 1 misdemeanors, which carry up to 6 months in jail, fines, driving privilege suspensions, classes, and alcohol monitoring (Ignition Interlock Device). Penalties vary depending on the strength of the case against you. For a second offense misdemeanor DUI, here is the potential sentence:

• Minimum 180 days in jail
• Maximum 6 months in jail
• Fines and fees of $3,750.00 or more
• Alcohol classes & treatments
• Drug classes and treatments
• Ignition Interlock Device for 1 year or more
• Probation up to 5 years
• Minimum of 30 hours of community restitution
• Arizona driver’s license or privilege to drive suspension for 1 year

With all the information given, you should be able to make the best-informed decision regarding your case. This is not legal advice, but common sense: if the evidence against you is strong, the likelihood of your case being dismissed is extremely low. However, if the evidence is weak, you may be in a better position to negotiate or possibly have your case dismissed with the right attorney.

Below are three options depending on your finances:

1. Attorneys with at least 2 years of experience in DUI cases. This is the most affordable option, starting at $2,500–$5,000. This fee includes an MVD hearing and all court procedures up to trial. Most cases do not go to trial, and if it does, the trial is a separate fee. You can negotiate based on your finances, and attorneys will respond with offers.
2. Attorneys with over 6 years of DUI experience. This is recommended if you need more exposure and trial expertise. Fees start at $5,000–$8,500, including MVD procedures but not trial. You can place a bid with your desired down payment, and attorneys will respond accordingly.
3. Top-tier attorneys with at least 10 years of experience, some of whom are Board Certified Specialists. This option is ideal for high-profile cases where dismissal is critical. Fees range from $8,500–$13,000, including MVD services but excluding trial. This is recommended for professionals where a conviction could be disastrous, like doctors, attorneys, or CEOs.

We trust you’ve gained more knowledge and will make the best decision from the available lawyer options. Every attorney, from novices to experts, aims to achieve case dismissal or the best possible result 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 Reviewer: Gordon Thompson