Phoenix DUI Attorney

A DUI charge in Phoenix is often overwhelming and fraught with anxiety about your future. A DUI conviction can carry severe consequences, including large fines, loss of driving privileges, and possible jail time. That's why having a skilled Phoenix DUI lawyer who knows DUI law and fights for your rights is crucial. DUI cases can be confusing, and felony and misdemeanor cases can lead to serious consequences.

At Genesis DUI & Criminal Defense Lawyers, we understand the stress and uncertainty of being charged with a DUI. Our experienced DUI attorneys are here to guide you through every step of the legal process, ensuring you understand your options and the possible outcomes. We can negotiate with the DUI prosecutor, push for a dismissal, and help you fight for a favorable resolution.

Learn more about DUIs and the criminal justice system below. Then, contact our experienced Phoenix DUI attorney to schedule a free case evaluation.

Our Phoenix DUI Attorney Will Defend Your Rights

When you choose our Phoenix DUI attorneys, you partner with a law firm that will stand by you throughout the legal process. We take the time to investigate your case thoroughly, challenge the evidence against you, and argue for your interests in and out of court. We aim to protect your rights and ensure you receive a fair trial.

Our law group of attorneys have years of experience and a comprehensive understanding of state and federal DUI laws for your defense. We know how to navigate the court system efficiently, which can be crucial in minimizing the consequences of a DUI charge. With our firm, you get a team dedicated to achieving the best outcome for your case.

What Is a DUI?

A DUI, or driving under the influence, takes place when a driver operates a vehicle after consuming alcohol or drugs to a degree that makes them incapable of driving safely. In Arizona, the legal limit for blood alcohol concentration (BAC) is 0.08% for standard drivers, but lower limits are in place for commercial drivers and drivers under 21.

Being arrested for a DUI does not always mean you will be convicted; the details of the criminal offense, how you were tested, and the circumstances of your arrest play critical roles.

The laws surrounding DUIs are designed to prevent impaired driving and ensure public safety. However, these laws also provide rights to the accused, which include the right to an attorney and the right to contest the criminal charges. Our Phoenix DUI attorneys are adept at challenging DUI charges based on the specifics of each case and the evidence presented.

Probable Cause To Pull Someone Over for a DUI

• Erratic driving. Law enforcement officers often cite erratic driving behaviors such as swerving, rapid acceleration, or braking as reasons for suspecting an aggravated DUI. These observations must be documented as part of the DUI stop.
• Traffic violations. Committing traffic violations like rolling through a stop sign or running a red light could also give an officer probable cause to initiate a traffic stop and investigate for DUI.
• Accident involvement. Being involved in a vehicle accident may prompt police officers to conduct a DUI investigation, especially if there is evidence or suspicion of impairment.
• Anonymous tip. Sometimes, police receive anonymous tips about drunk drivers. However, these tips alone may not be sufficient for probable cause without further corroboration or observation of impaired driving.
• Checkpoints. DUI checkpoints are special cases where officers screen drivers for signs of intoxication at specific points on the road without specific probable cause. These must be conducted in a manner that adheres to legal standards.

What are Your Rights?

• Right to remain silent. You are not required to provide any information besides your identification and insurance details. You have the right to remain silent about anything that could incriminate you. This is particularly true if you might face an extreme DUI charge.
• Right to refuse field sobriety tests. You have the right to refuse field sobriety tests and portable breathalyzer tests. These tests are voluntary, and refusing them cannot be used as evidence of guilt.
• Right to legal representation. You can request to speak to an attorney before deciding whether to submit to chemical testing.
• Right to a defense. You can hire a DUI defense lawyer to represent you in court. An experienced lawyer can shift the outcome of your case.
• Right to question the evidence. You have the right to question and challenge any evidence presented against you in court, including the results of breathalyzer or blood tests.

Steps to Follow If You Got Pulled Over for a DUI

First, you must immediately find a safe place to stop your vehicle. Remain calm and keep your hands visible. You should politely interact with the officer. Being confrontational can complicate your situation. Then, hand over your driver's license, registration, and proof of insurance when requested.

If questioned, politely refuse to answer questions without an attorney present. You are not required to disclose where or whether you've been drinking. You also have the right to refuse field sobriety tests and any handheld breathalyzer tests.

If you are arrested, you will be asked to undergo a chemical test. Refusing these tests can have legal consequences, including automatic license suspension. Lastly, contact a DUI lawyer. An experienced lawyer can help you decide the next steps and prepare your defense immediately. We always put the needs of our clients first.

Defense Strategies We May Use

Our defense strategies are built around the specifics of each case, utilizing every available legal avenue to protect your rights. We might challenge the accuracy of the breathalyzer equipment, argue that the initial traffic stop lacked probable cause, or question the integrity of the testing procedure. Each strategy is tailored to maximize the chances of a favorable outcome.

Lack of Probable Cause

If there was no valid reason for the initial traffic stop, any evidence gathered during the stop could be excluded. We will meticulously review the circumstances leading up to your stop-and-arrest to identify any breaches of protocol or rights.

Mistaken Identity

We may argue mistaken identity in cases involving accidents or where multiple individuals were present. We will investigate to ensure that you were correctly identified as the driver.

Improper Administration of Field Sobriety Tests

Field sobriety tests must be given in a standardized manner. We will scrutinize how these tests were administered in your case to ensure they were carried out correctly and fairly.

Rising BAC

The timing of BAC tests can affect their reliability. We may argue that your BAC was below the legal limit while driving and only rose above it at the time of testing due to the delay in administration.

Potential Consequences of a DUI Conviction

A DUI conviction in Arizona can lead to serious consequences, including mandatory jail time, substantial fines, and a significant impact on your personal and professional life. Under Arizona law (ARS 28-1381), penalties for DUI convictions can include at least ten days in jail for a first offense and over $1,250 in fines and penalties.

Repeat offenses or aggravated DUI charges carry even harsher penalties. A second DUI offense within seven years of the first can result in at least 90 days in jail, increased fines, and a possible one-year driver's license revocation. Understanding these potential consequences is crucial in appreciating the severity of DUI charges and the importance of an effective defense.

Can You Get My Case Dismissed?

Our goal is to get your case dismissed whenever possible. We will explore every legal avenue, from challenging the evidence and questioning procedural errors in criminal law to negotiating with prosecutors. A dismissal depends on the strength of the prosecution's case and our defense strategies.

Should I Take a Plea Bargain?

Whether to accept a plea bargain depends on the details of your case. We will evaluate the evidence, assess the prosecution's likelihood of securing a conviction, and discuss the plea deal's potential benefits and drawbacks. Our advice will be customized to your specific case and aimed at securing the best possible outcome.

What Alternative Sentencing Options Are There?

Alternative sentencing options may include alcohol education classes, community service, or the installation of an ignition interlock device on your car. These alternatives can sometimes be negotiated to avoid jail time, especially for first-time offenders or where mitigating circumstances exist.

Frequently Asked Questions

Contact Our Phoenix DUI Lawyer for a Free Case Consultation

Be sure to seek legal representation if you're facing DUI charges. Contact our experienced Phoenix DUI attorneys today for a free consultation. At Genesis DUI & Criminal Defense Lawyers, our experienced DUI attorney will help you form the strongest possible defense. Let our DUI lawyers be right for you.

Contact our Phoenix DUI attorney practice today to schedule a free case consultation.