GLENDALE DUI ATTORNEY
It is unlawful to operate or be in control of a motor vehicle while under the influence of substances like drugs or alcohol. A DUI arrest can have a significant impact on every area your life, including your livelihood and career prospects. It is vital to know your rights when you have been accused of a crime and the value of having a dedicated, trustworthy Glendale DUI lawyer to defend you in this situation.
The Grand Canyon Law Group has the skills, resources, and experience necessary to successfully defend our clients from all types of serious criminal charges, including all types of charges related to driving under the influence (DUI). You need to contact our team today if you have been charged with DUI so we can immediately respond to the situation and help you build your defense.
There are many penalties for intoxicated driving charges, even for first-time offenders. Additionally, a conviction for a DUI will lead to a permanent criminal record. As such, it is critical to begin planning your defense with a hardworking attorney right away. If you need help, a Glendale DUI lawyer at Grand Canyon Law Group is prepared to fight for your way of life and protect you against serious consequences.
For a free legal consultation with a dui lawyer serving Glendale, call 480-400-5555
KNOW YOUR CONSTITUTIONAL RIGHTS IN AN ARREST
Every American citizen has constitutional rights when they are arrested for any crime. The Fifth Amendment protects against self-incrimination, while the Sixth Amendment ensures the right to legal representation. It is vital to know and to exercise both of these rights if you are charged with DUI in Glendale.
When a police officer conducts an arrest, they are required to read the suspect’s Miranda rights, which is a brief and concise explanation of their Fifth and Sixth Amendment rights in this situation. Pay close attention, and if the police fail to read your Miranda rights during arrest, notify your Glendale DUI lawyer at your first opportunity.
Do not attempt to talk your way out of an arrest for DUI, even if you know you have done nothing wrong. As soon as the police officer states that you are under arrest, stop talking immediately and say nothing until you can speak with a defense attorney. Anything you say will be recorded in the arrest report and will likely be used against you in later proceedings. It is always advisable to err on the side of caution and remain silent through arrest and booking.
Glendale DUI Lawyer Near Me 480-400-5555
CONSEQUENCES OF A DRUNK DRIVING CONVICTION
The stigma of a criminal conviction can follow a person for years, as these charges will show up on all background checks. A criminal record could affect a person’s employment opportunities, make it difficult to get professional licensing, or hinder approval for housing. This creates substantial economic strain on the convicted defendant, especially in combination with the fines and other penalties assigned by the court.
After an arrest, the defendant will also face immediate and long-term driver’s license suspension. To avoid immediate license suspension, they must attend the MVD hearing with the Arizona Motor Vehicles Department. A knowledgeable Glendale attorney understands the DUI process and can represent a defendant for the administrative hearing as well as in their criminal case. Your attorney may help you get your license back early or qualify for a restricted license.
The lack of a driver’s license could make it hard for the defendant to find or keep a job. They could also face penalties in family court and potentially lose child custody or visitation rights, which in turn could lead to increased child support obligations. If they cause an accident, they face a civil claim for damages from an injured victim, which can also lead to substantial financial strain.
Ultimately, the effects of a DUI conviction are severe and extend far beyond the penalties assigned by the court. You could face a host of economic losses along with civil liability for damages, and the record of your DUI will follow you for years. If you are charged with DUI, it is vital to find an experienced, trustworthy Glendale DUI lawyer to defend you in criminal court, one who can also help you potentially mitigate the other effects you could face as a result of your conviction.
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PENALTIES FOR CAUSING A DUI ACCIDENT IN GLENDALE
DUI is a leading cause of accidents throughout Arizona, and if you caused any motor vehicle accident while under the influence, you are not only likely to face more serious penalties in criminal court but also a civil claim for damages from anyone you injured in the accident. Arizona’s fault rule for vehicle accidents allows an injured driver to pursue compensation for their damages from whoever caused their accident.
If you caused a DUI accident, the other driver is likely to file a claim against your auto insurance policy. This could lead to increased premiums or even dropped coverage if your insurer determines that you violated the terms of your policy. If your insurance cannot fully cover the victim’s losses, they are likely to file a personal injury suit against you. If you killed someone in the accident, their surviving family is likely to file a wrongful death suit against you.
The standard of proof in a civil claim for damages is not as strict as the standard of proof in a criminal case. Instead of needing to prove guilt beyond a reasonable doubt in a civil case, the plaintiff only needs to prove that a defendant is liable for damages based on a preponderance of the evidence, meaning the defendant more likely than not caused the damages.
Additionally, causing a personal injury by breaking the law leaves the defendant vulnerable to facing punitive damages and/or restitution to the victim alongside their other assigned penalties. Ultimately, causing a DUI accident can result in very expensive damages along with criminal prosecution. If you are charged with causing a DUI accident, you need an attorney who can also assist you with addressing any civil claims that may be filed against you.
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DUI STATUTES AND PENALTIES IN GLENDALE
If an officer stops a driver under suspicion of DUI in Arizona, the officer will ask them to submit to a blood alcohol concentration or BAC test. Any person operating a motor vehicle with a BAC of 0.08 or higher could face DUI charges. They can also face a DUI charge if they have any drugs detected in their system, even prescription drugs, if they are deemed capable of diminishing their ability to operate a motor vehicle.
As per the Arizona Revised Statute 28-1381, a person convicted for intoxicated driving will receive a class 1 misdemeanor on their permanent criminal record and up to 10 days in jail. They must also pay steep fines, and the law will require them to install an ignition interlock device for a year after they get their driver’s license back.
DUI CHARGES WITH AGGRAVATING FACTORS
If certain aggravating factors are present during a DUI arrest, the motorist will face additional charges and penalties. One such factor is any DUI arrest within the past seven years. Penalties automatically increase for repeat offenders and may potentially lead to automatic prosecution for felony DUI based on the defendant’s prior DUI record.
A second arrest could result in a jail sentence of 90 days and up to $3,000 in fines. The laws will also require driver’s license suspension for one year. The defendant will also need to submit to alcohol testing, take a driving course, and install a costly ignition interlock device in their vehicle before getting behind the wheel again.
Other aggravating factors include:
- Driving with a BAC of 0.15 or more
- Intoxicated driving with a suspended license
- Having a minor in the vehicle under 15 years old during the DUI stop
- Causing an accident resulting in bodily injury or death.
- Reckless driving while under the influence.
- Resisting arrest for DUI.
A seasoned DUI lawyer in Glendale can advise on the mitigating and aggravating factors in a case and work to reduce the penalties a defendant faces. While aggravating factors generally increase the severity of a defendant’s sentence, mitigating factors may lead to leniency in sentencing. Commonly cited mitigating factors include complying with arresting officers, not causing an accident, and demonstrating genuine remorse before a judge.
BUILDING A DEFENSE AGAINST DUI IN GLENDALE
In every criminal case tried in the United States, the prosecution has the burden of proving the defendant is guilty beyond a reasonable doubt. This is a high standard of proof that requires the prosecution to prove that there is no room for anyone to reasonably doubt whether the defendant committed the crime. They will attempt to accomplish this by leveraging all available evidence and witness testimony they have at their disposal.
It is your Glendale DUI lawyer’s job to prevent the prosecution from meeting this standard of proof. They may accomplish this by attacking the credibility or validity of the prosecution’s evidence, highlighting mistakes of fact that may help prove their client did not commit the DUI. This could entail challenging the validity of the chemical test results or proving that the defendant was not in actual control of the vehicle at the time of their arrest.
A defense attorney may also focus on mistakes of law if they believe that any procedural missteps occurred and compromised the integrity of the prosecution’s case. For example, the prosecution may have entered evidence into the court record incorrectly, or the chain of custody for handling a chemical testing sample for DUI may have been broken.
It is also possible for a defense to rely on proving breaches of due process or constitutional rights violations. If you believe your rights were violated, your Glendale DUI lawyer can help you prove the truth of the situation and avoid a wrongful conviction if at all possible. Any such issues could not only lead to diminishing the prosecutor’s case but could potentially lead to case dismissal in extreme circumstances.
BENEFITS OF WORKING WITH A GLENDALE DUI LAWYER
Ultimately, every DUI case is entirely unique, and every defendant will have different challenges to overcome and different opportunities they might seize in crafting their defenses. The team at Grand Canyon Law Group does not believe in one-size-fits-all defensive solutions for our clients. We take time to develop an individualized case strategy for every client we represent, paying close attention to the unique details of their case.
When you choose our firm as your defense counsel, you will have a dedicated and responsive legal advocate readily available to answer your questions and address any concerns as they arise throughout your proceedings. If you are anxious about attending courtroom proceedings, you can rely on us to be your legal proxies and advocate for your interests at all available opportunities, limiting the time you need to spend in court if possible.
Our goal is case dismissal if possible, but if you know you broke the law and the prosecution has all the evidence they will need to secure a conviction, you can still count on our team to help you reach a positive outcome however possible. We may negotiate a plea deal with the prosecutor for you if they are open to such an agreement, or we can argue for you before the judge to hopefully demonstrate the need for leniency in your sentencing.
SCHEDULE A CONSULTATION WITH A DUI ATTORNEY IN GLENDALE
If you face a DUI conviction, it is vital to understand all the penalties and consequences of a conviction. You will also want to know your legal options for defending against the charges and mitigating the impact on your way of life. Securing defense counsel as quickly as possible after an arrest for DUI is crucial for building an effective defense.
If you are concerned about the cost of hiring a Glendale DUI lawyer to represent you, we keep our billing as simple as possible and will explain all of your financial obligations in clear detail at the outset of your case so there are no surprises. Investing in trustworthy defense representation will be well worth it if you are able to avoid expensive fines and other economic penalties with your attorney’s assistance.
At Grand Canyon Law Group, our legal team is made up of former prosecutors with significant experience in intoxicated driving cases. Work with a Glendale DUI lawyer at every stage of the legal proceedings to secure a positive resolution in your case. After your arrest, give us a call as soon as possible to discuss your situation.
Call or text 480-400-5555 or complete a Free Case Evaluation form
