DUI
Arizona has some of the toughest DUI laws in the nation (A.R.S. 28-1381, A.R.S. 28-1382 and A.R.S. 28-1383) and a conviction will have a profoundly adverse effect on your life in many areas. Since the penalties are so harsh and the stakes are so high, you need to choose an experienced and proven legal team to guide you through it all. The science and toxicology knowledge of our team is considerable, and includes a Master’s degree in Biology with an emphasis on gas chromatography and forensics.
If you have been arrested for DUI, Extreme DUI, or felony Aggravated DUI, a knowledgeable attorney’s representation can help you defeat the charges, or minimize the costly consequences of a conviction, including loss of your driver’s license, mandatory jail time and exorbitant fines and fees. As Judge pro tem who has presided over numerous DUI jury trials, Tim “speaks the language,” to put it mildly.
There is a lot to consider and a lot to know when you are charged with Driving Under the Influence of alcohol or drugs. We will quickly and thoroughly assess the facts of your case and work aggressively to protect your rights and reputation.
If you’ve been charged with a DUI offense you do have rights, and it’s vital that you call us as soon as possible so that we can start protecting them.
Frequently Asked Questions - Personal Injury
What Constitutes a DUI?
Driving Under the Influence of alcohol or drugs is typically defined as operating a vehicle while impaired by alcohol or drugs to the slightest degree; or, even if not impaired (arguably, at any rate) operating a motor vehicle on a public roadway with a blood alcohol concentration (BAC) above the legal limit, which is 0.08 grams of alcohol per deciliter of blood. DUI/Drugs can also apply to merely driving with certain drugs or metabolites in your system in any detectable level, even including prescription and over-the-counter medications.
What are the penalties for a DUI conviction?
Penalties for a DUI include fines, license suspension or revocation, mandatory alcohol education programs, possible community service (including attendance of Mothers Against Drunk Driving meetings), probation, and mandatory jail time. The severity of the penalties will depend largely on factors such as your BAC level, prior offenses, and whether an accident or injury occurred.
Can I refuse a breathalyzer or field sobriety test?
Of course you can. You can also refuse to pay your taxes, but we recommend against it strongly. Refusal will result in automatic penalties, such as immediate license suspension for double the normal period and can be used against you in court. Arizona’s Implied consent law means that you already consented to provide breath, blood and/or urine when sought with probable cause of a DUI. Additionally, your refusal will simply result in the officers obtaining a warrant to draw your blood against your will. Doesn’t that sound like fun? Your best bad option here is to submit.
What should I do if I’m pulled over for suspected DUI?
Remain calm and cooperative. Provide your identification and vehicle registration when asked but be mindful of your right to remain silent--avoid making self-incriminating statements. You can politely decline to answer questions without a lawyer present. If the officer finds a reasonable suspicion that you are under the influence, they will likely conduct field sobriety tests (“FSTs”) to further determine whether there is probable cause to take you into custody. A legally admissible breath and/or blood test will then likely follow. If your BAC is determined to be above ,08 grams per deciliter, you will be taken into custody. Expect to be cuffed and treated like a criminal. If there is no sober passenger to drive your car for you, it will be towed to an impound lot. Be prepared for all of the above and keep your temper in check.
Can a DUI charge be reduced or dismissed?
Yes, in some cases, a DUI charge can be reduced or dismissed. This often depends on the circumstances of the arrest, the evidence available, the adherence (or lack thereof) to established scientific procedures and the effectiveness of your legal defense. An experienced DUI attorney can accurately evaluate your case and explore potential defensesses.
How long will a DUI stay on my record?
A DUI conviction, like every other criminal conviction, stays on your criminal record until such time as you are successful in having the conviction set aside. The conviction will haunt your driving record for anywhere from a few to several years, depending on the severity of the charges and your prior history of any other traffic convictions, most definitely prior DUIs.
