DUI

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The following video is for Aggravated DUI class 6 felony, DUI while there are minor children in the vehicle under 15 years of age. As you know, the state of Arizona is extremely harsh when it comes to DUI’s. In fact, Arizona is one of the few states that you can receive a felony DUI on a first offense of being pulled over under the influence.

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 “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:

• Traffic violation, like driving too fast, running a red light, etc.
• Welfare check. An example of this would be a car crashed in the middle of the road, or a car parked on the side of the freeway, etc.
• Complaint or 3rd party observation. For example, a witness calling 911 complaining that a person is driving too fast or weaving in and out of lanes.
• 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 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 a 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 type of physical test that an officer may ask you to do 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 that is under investigation of DUI to take any Field sobriety test. Other evidence that the officer can use are 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 to justify an arrest for further testing.

After the officer is successful in piling up evidence against you, 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) or a urine analysis, or all 3 of them. If you are at this point, Arizona has a law called implied consent, ARS28-1321(B) meaning, if you refuse to take any of these tests, your privileges to drive will be suspended or denied for a minimum of 12 months; failure to do the test correctly may also count as a refusal. The officer might also tell you that if you do not take the test (blood vials, urine test, or Intoxilyzer 8000 or 9000) they can obtain a search warrant and force you to take it; if it gets to this point, it may turn a bit ugly. While you are arrested, they will ask you more incriminating questions, such as on a scale from 1 to 10, 10 being the worst, how intoxicated do you believe you are; as stated before, you have the right to prevent self-incrimination.

Typically, after they are done with their investigation, the officer will conduct an arrest and book you in.

Driving under the Influence while having children in the vehicle under 15 years of age, Arizona Revised Statute 28-1383A3. This specific DUI is a class 6 non-dangerous Felony. When dealing with these types of cases, the individual is typically facing 2 things, the judicial procedure for an Aggravated DUI class 6 and possibly an investigation with the Department of Child Safety (DCS). We will only speak about the judicial consequences. If you look at the Arizona Sentencing Guidelines for a class 6 non-dangerous Felony, it can carry a sentence from .33 years to 1.5 years in prison. There are statutory provisions stating if it’s the individual’s first offense, then the person is qualified for probation. Aggravated DUI class 6 Felony sentences must include at least the minimum sentence for what would otherwise be the misdemeanor DUI if the child had not been in the car. For example, if the individual is accused of an aggravated DUI Class 6, and their blood alcohol content is above .05 but below .15, then the Felony 6 DUI minimum penalties will be treated the same as a misdemeanor DUI (min of 10 days in jail, alcohol classes, treatments, fines). If your alcohol content is above .15 but below .20 it will be treated the same as a Misdemeanor Extreme DUI. If there are multiple children in the vehicle under 15 years of age, you will be exposed to multiple class 6 felony charges. An aggravating part of a class 6 Felony is if convicted, there is a revocation of the driver’s license for a period of 3 years.

Below are 3 options depending on your finances:

• The first option is with attorneys in the field that practice Felony DUI’s and have at least 2 years of experience in the field. They will be the cheapest option if you are buried with evidence, and you are looking for an attorney that will look for the best deal possible without breaking the bank. These attorneys start at $4,000.00 to $6,500.00 as a flat fee not including trial. You are able to make an offer depending on your finances, and attorneys that practice in the court where the case is filed will send you inquiries accepting your terms!
• The second option is with attorneys that practice at least 6 years in the DUI field. This is recommended for cases that do not have that much evidence and you need a greater amount of knowledge, exposure, and trial articulation to obtain a dismissal. These types of attorneys start at $6,500.00 to $10,000.00 not including trial. You can place a bid with your desired down payment and have attorneys respond back with acceptances!
• Finally, we have the top-notch attorneys. These attorneys have at least 15 years of practice in the field, and some of them are Board Certified Specialists, meaning they have higher standards with the Arizona State Bar. We recommend these types of attorneys for high-profile cases where you are seeking a dismissal at whatever cost. For example, if you are a doctor, an attorney, an actor, a CEO, and a conviction would ruin you or your company, these attorneys digest every single inch of evidence with a magnifying glass (figure of speech), and fight all aspects of the case with expert witnesses. These attorneys charge a premium fee, ranging from $10,000 to $15,000 not including the risk of trial.

We trust you've gained more knowledge and will make the best decision from the available lawyer options. Each attorney from novice to expert aims to achieve case dismissal or obtain the best possible result with the least exposure possible. Best of luck, and may you have a great experience using our platform!

Credit for this script:
Author: Felix Martinez
Attorney that checked for correct information and to make sure there was no legal advice given: Gordon Thompson