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PHOENIX DUI Attorney

If you have been charged with driving under the influence (DUI), you could be facing profound consequences on your life. A DUI conviction can leave you with fines, a suspended license, and even jail time. Because the effects of these charges can be so severe, it is crucial to work with a Phoenix DUI lawyer.

At Grand Canyon Law Group, our former prosecutors, turned defense attorneys, know what to expect from these cases and will work hard to defend your rights. Call Grand Canyon Law Group NOW to learn how we can help!

TYPES OF DUI CHARGES IN PHOENIX

DUI charges are classified as either misdemeanors or felonies. First and second-time DUIs are generally categorized as misdemeanors, while subsequent offenses could be charged as felonies.

There are also certain aggravating factors that can elevate a DUI charge to a felony. For example, driving under the influence with a child under age 15 in the vehicle may result in felony charges. A knowledgeable local attorney can provide more insight as to what could cause a DUI charge to be raised from a misdemeanor to a felony. Additionally, driving under influence while the person’s license is suspended or revoked may also result in felony Aggravated DUI charges.

PENALTIES FOR REPEAT DUIS IN PHOENIX

The courts are bound by specific laws regarding prior DUIs. If somebody goes to trial and is convicted of a DUI, and the state can show that they have a prior DUI within seven years, they face mandatory sentencing. This could include jail time, license suspensions, and hefty fines.

The best way to avoid penalties for repeat DUIs in Phoenix is to seek legal counsel to defend your case. At Grand Canyon Law Group, our experienced DUI attorneys know how to handle these situations the right way. We work to minimize the repercussions you face and protect your rights at every stage of the legal proceedings.

SECOND-OFFENSE DRUNK DRIVING CHARGES

For a second-offense drug DUI, the judge must give the person no less than 90 days of jail, 60 of which can be suspended. For alcohol, sentencing ranges from 90 to 180 days in jail. A blood alcohol content (BAC) or .15 or higher comes with four months of jail time. Over .20 for a second-time DUI is a minimum of six months in jail.

MINIMIZING DUI PENALTIES

However, our Phoenix attorneys can work to avoid these repeat DUI penalties in various ways. For example, we could negotiate to have the prosecutor not allege the prior, meaning the judge would sentence the case as a first-time DUI. Sometimes, we can get the judges to allow home detention, probation, and/or work release. This allows people to maintain their employment and minimize the impact of repeat DUI charges on their career and family life.

GOING TO TRIAL

The other option is to go to trial and potentially challenge the case and win. However, the risk is that the judge has no choice but to convict as a second-time DUI if the defendant loses. This comes with elevated jail terms, fines, and required classes. A repeat DUI in Phoenix also comes with consequences from MVD, such as license suspensions.

THIRD-TIME DUI CHARGES IN PHOENIX

If a person has two prior DUIs within seven years, the third offense will likely be charged as a felony. A defendant with no prior felony convictions may get probation, plus a minimum four months’ prison sentence. If they have prior felony convictions, they face sentencing for a Class 4 felony: one to 3.75 years in prison. Prior felonies on a person’s record will increase the potential penalties for a DUI conviction, as our experienced local attorneys can explain.

A third-time DUI offender also faces one to three years of license revocation or suspension. Fines are typically upwards of $10,000. Penalties also include mandatory substance abuse classes, treatment, and counseling.

AGGRAVATING FACTORS IN DUI SENTENCING

Prior convictions are an aggravating factor in any DUI case. Most aggravated DUIs come with a minimum of four months in prison plus probation. Another aggravating factor is if there was an accident or if the driver allegedly put anyone else on the road in danger. A misdemeanor charge can also become a felony or aggravated DUI if there was someone under the age of 15 in the car. Any of these factors can lead to increased penalties, making it essential to seek help from a Phoenix attorney who handles repeat DUI cases.

CONSEQUENCES FOR DUI CHARGES

A DUI conviction can have devastating, far-reaching consequences for the defendant’s personal and professional life. Depending on the category and severity of the conviction, penalties can vary greatly.

The penalties for a first-time DUI include jail time, thousands of dollars in fines, license suspension, mandatory enrollment in a substance abuse class, and installation of an ignition interlock device on the defendant’s vehicle. An individual being charged with a second-time DUI also faces additional jail time, higher fines, license revocation, installation of an interlock device, and substance abuse classes.

A third-time DUI within a seven-year period can be filed as a felony offense. Potential penalties for this charge include mandatory prison time and other severe consequences. However, those facing these charges are not without defense options. Working with a skilled DUI lawyer can give Phoenix defendants the best chance at a positive outcome in their case.

MEDICAL ATTENTION AT THE SCENE OF AN ACCIDENT

If someone was injured in a car crash, the first priority should be to get them the medical attention they need, and the DUI investigation is secondary to that. If the police do not follow that procedure, that can be a real problem. Alternatively, there may have been a person in medical distress, such as a seizure, which impairs their driving ability. Officers need to be aware that just because someone is driving poorly or breaking the law, it does not necessarily mean they are driving impaired.

The lack of medical attention after a DUI incident can impact the investigation. Officers should be trained to investigate any other causes for bad driving, such as alcohol, drugs, or some medical condition.

An officer must determine whether a person needs medical attention by engaging with them and asking if they have any symptoms or conditions that may have contributed to this. Sometimes the driver will have a medical alert bracelet or some other indicator that implies a condition.

HOW THE PRESENCE OR ABSENCE OF MEDICAL ATTENTION AFFECTS A CASE

If police jump to the conclusion that drugs or alcohol led to impairment, when it was actually a medical condition, that can absolutely be a defense to a DUI in Phoenix. A lawyer can show that the police made a judgment call without looking at all the correct facts.

It does not hurt a person’s case to receive medical attention. If they truly need it, then that is the appropriate measure. It may identify the true cause of the alleged impaired driving or reveal what was truly in their blood. However, a person does have the right to refuse medical attention after a crash, if they desire. There will be a lot of legal issues that intersect when a DUI suspect receives medical attention, and a lawyer must decide how to use those facts to the client’s favor.

DUI ARREST RECORDS

When a person is booked into the Maricopa County Jail—during central intake or central booking—the sheriff’s office usually will publish that booking photo to their website. Arrest records are public records and can be seen online or via a physical copy, if requested. They can also be viewed through the Arizona Supreme Court’s public access website.

Having a public record can affect a person’s employment and social prospects. Some companies or agencies may terminate or take disciplinary action against a person who is arrested for a DUI, although this is by no means guaranteed.

DEALING WITH YOUR DUI ARREST RECORD

If the person is unlawfully arrested and they are not found guilty of any offense, they could challenge having that record erased because it was not based on proper information. If probable cause existed, and especially if the person is later convicted, then there is nothing that can delete that.

While Arizona does not seal or arrest records, a person may be able to petition the court to have the arrest record “set aside.” Even if a person is acquitted, the arrest will still be on their record, unless there was no probable cause to begin with, which is very rare.

INITIAL APPEARANCE IN DUI COURT

The initial court hearing after an arrest must be held within 24 hours. The defendant will usually be in custody for their initial appearance and the court will determine what their release conditions are. The prosecutor, defense attorney, defendant, and the judge are usually present for this hearing.

The role of the judge is to advise the defendant of their charges and determine their release conditions and to set future court dates. The judge at the initial hearing is usually not involved in the case beyond that, unless it is a small town where there are not many judges or resources.

A bond schedule is a matrix that the court will use as guidance to determine a person’s release conditions. It is based on the seriousness of the offense, coupled with individual factors like the person’s criminal history or failure to appear in previous hearings. This will provide guidance on what type of bond to apply for release conditions.

HOW CAN AN ATTORNEY HELP IN A DRUNK DRIVING CASE?

Our Phoenix DUI lawyers are familiar with the local court systems and know how to seek the best outcomes for their clients. Whether your ideal resolution involves a plea deal or taking the case to trial, the team at Grand Canyon Law Group is here to support you and fight for your rights. We know the judges and prosecutors involved, and we are prepared to advise you at every step of the legal proceedings.

A lawyer’s role is more than just showing up in court. A skilled DUI attorney will first look at the situation from various perspectives and pick through the case to find any potential issues or weaknesses. This involves reviewing all available evidence, from the communication between the driver and officer to the blood alcohol concentration lab results. In looking at the report from a DUI stop, our attorneys will ask several questions:

  • Were there any issues with the particular testing machine used?
  • Does anything show as being wrong with that blood run or with other people’s blood run at the same time?
  • Do the responding officer(s) have a history of dishonesty or disciplinary issues?

FIGHTING LICENSE SUSPENSIONS

Following a DUI conviction in Phoenix, a defendant’s license may be suspended automatically by the Arizona Motor Vehicle Department. This can severely limit their movements and disrupt their personal and professional lives.

However, the defendant has a period of 15 days within which they can request a hearing to challenge the license suspension. This entails scheduling an audience with an ADOT hearing officer to challenge the underlying basis for the suspension. Lawyers can navigate this bureaucracy more easily and increase the likelihood of success.

REPRESENTATION IN COURT

At Grand Canyon Law Group, our lawyers build DUI defenses in several ways. One is to attack the evidence by looking through police reports, reviewing body cam footage, and interviewing the officer to find any inaccuracies or contradictions.

Then, we use the evidence to argue with the prosecutor for a better outcome. Our attorneys might fight for suppression of evidence, meaning that evidence may be thrown out if the defendant’s constitutional rights were violated. We also gather mitigating information about the defendant to decrease the potential penalties, highlighting their positive aspects and contesting the negatives in a DUI case.

NEGOTIATING A PLEA AGREEMENT FOR DUI DEFENDANTS

A DUI lawyer can also take the lead in negotiating a possible plea agreement, which could help a defendant receive a lower-level charge or avoid a DUI altogether. Plea deals are often crucial in avoiding jail time and license suspensions. Phoenix residents who have been charged with drunk driving will face many decisions, so having an experienced attorney can be beneficial in making the right choices and minimizing the consequences.

After the DUI case has concluded, a lawyer’s task is to ensure the client understands what needs to be completed and answer any questions along the way. Requirements of a plea agreement or sentencing may include DUI classes or the installation of an ignition interlock. It is important to work with a local attorney who can handle the pre-resolution proceedings, secure the best possible outcome, and ensure that everything is taken care of once the DUI case concludes.

Why You May Consider a Plea Deal

Many people might be hesitant about the idea of a plea deal at first. There’s often a belief that you should fight the DUI charge in court. However, the reality is that prosecutors generally won’t press charges unless they are very confident that they can get a conviction.

That means that the odds of winning in a trial are not particularly good. This is part of why roughly 90% to 95% of criminal cases, including most DUI  and vehicular charges, end up being resolved by plea deal rather than trial.

It’s important to realize that when you take a plea deal, it involves waiving some of your constitutional rights in exchange for a better outcome than you would get if a trial resulted in a guilty verdict.

When you accept a plea deal, you are waiving the right to a jury trial, the opportunity to confront witnesses against you, and the right to avoid self-incrimination. You can voluntarily accept a plea deal, knowing the consequences, but you can assert your right to a trial if you prefer.

Advantages of Plea Deals

Plea deals do offer some advantages for both the prosecution and the defendant. Generally, the prosecution and courts make use of plea deals because they help clear up the court system. The courts are already overloaded, with more than 90% of cases being resolved in plea deals. Without plea deals, it would be much more difficult to have a speedy trial. Plea deals help the courts manage that issue by clearing out cases more quickly.

The element of timeliness can also be an advantage for whoever has been charged. Many defendants may feel a significant amount of anxiety while waiting for a DUI trial and for their penalties to be revealed. Therefore, many prefer the fact that a plea deal gives them the opportunity to resolve their case, face the consequences, and move on. They can avoid months of anxiety and uncertainty this way.

There is also a possibility that the plea deal may offer the opportunity to reduce the charges. This could mean reducing the severity of the DUI and the associated consequences. However, even when this is not a possibility, there is also a chance that you may be able to see reduced penalties, particularly in the case of a first offense. In particular, people are eager to avoid jail time or having their license suspended, and that may be a possibility in some situations.

Another common reason that people choose to take a plea deal is the certainty that it provides them. When you take your case to trial, there is a chance that you could avoid conviction. However, there is certainly no guarantee and even promising cases could end unexpectedly. It’s impossible to predict what a court will do.

Settling for a negotiated plea deal prevents the risk of a guilty verdict and the harshest penalties. Because prosecutors need to incentivize defendants to want to take the plea deal, their offer will likely offer significant benefits; otherwise, the risk of a trial may be worth it to a defendant. For those who want to avoid the worst possible outcome, a plea deal is often the better option. A Phoenix DUI lawyer may be able to help.

CHALLENGING THE BLOOD LAB EVIDENCE

A lawyer should try to gather everything that the blood lab produced. Sometimes, as part of their disclosure, the prosecutor automatically discloses the results and some basic information from the blood lab, but a defense team must ask for the extended blood packet, which shows the chromatograms.

Often, 50 to 100 samples from different cases are run at the same time, and it is important to see whether there were any issues with the machine or the results from any of those samples. If there are, then a DUI attorney in Phoenix can argue none of the results in that entire run are valid, or at least there is some question about them. It may also be important to speak to an expert witness about whether there are abnormalities in the results.

YOUR CAR AFTER A DUI

Depending on the circumstances, police in Phoenix will often impound the car of the person arrested for DUI. Sometimes the impound will just be overnight as long as it is due to a .08 DUI offense. If it is an extreme DUI, above a .15 or .20, they can do a 30-day hold.

If the car is held for the night, then the person can pick it up the next day. If it is held for the 30-day impound, then we must look at the circumstances of the arrest, like whether the officer had probable cause. Sometimes the officer will think the driver is above the extreme DUI level, when in fact they are not, which would mean they have to release the vehicle.

Additionally, even if it was an appropriate extreme DUI arrest, it may still be possible to get the car back immediately. If the car is registered to another individual, or even a married couple’s joint ownership, the other person may be able to pick up the car. When retrieving a car, a person should bring their license, proof of insurance, and proof of registration.

Prior to towing it, the police may do an inventory search, to identify any illegal contraband, valuables, or personal property. The defendant may be charged if illegal drugs, firearms, or other contraband are found in their vehicle.

Implied Consent and Refusal to Submit

Like most states, Arizona is an implied consent state. This means that even though you have not expressly given your consent to submit to a chemical test in a DUI scenario, you are considered to have implicitly consented as a result of having sought a license and used the roads. The courts take it that you have implicitly consented to a blood, breath, or urine test if an officer asks you to do so when you’ve been lawfully arrested for driving under the influence.

Because there is implied consent, there are penalties for having refused a blood alcohol concentration, or BAC, test. The first penalty is that an officer can give you an immediate “order of suspension” that places your license under suspension, beginning with the date of your arrest.

However, that suspension can be challenged by requesting a hearing, and you are able to legally drive until that hearing is held. The suspension will be upheld, though, if the officer shows up to the hearing either in person or by phone and is able to prove the necessary factors.

The officer needs to show that they had reasonable grounds to suspect that you were committing a DUI. They will need to show they gave you the required warnings and notices regarding the consequences of refusing to take a test. Additionally, they will need to prove that despite these warnings, you still refused to take the test. If this happens, the suspension will be upheld.

For a second or subsequent refusal within seven years of the first, the suspension will be longer than the first. At the end of the suspension, you will need to apply for reinstatement and demonstrate proof of completion of an alcohol or drug screening. It is also worth noting that even if you refuse, the officer may seek a warrant from a judge to get a blood test and may be able to collect your BAC that way.

What to Do if You’re Being Arrested for a DUI

If you are arrested for a DUI, the first thing to remember is to stay calm. The most harmful thing you can do is say or do something that you may regret by acting out of emotion. Additionally, you have the right to remain silent, and you should use that right. If not, you could accidentally say something that can be used against you later. Remaining silent until you have a chance to speak with your attorney is imperative.

Lastly, it’s important to make sure you contact a criminal defense attorney as soon as you have the opportunity to do so. At Grand Canyon Law Group, we understand how to help you protect your right to remain silent, and we can help you prepare for your next steps.

COMMON SCENARIOS FOR DUI CHECKPOINTS

Usually, DUI checkpoints are holiday-based and happen around bars and popular downtown areas. Officers set up various checkpoints around the valley, or more commonly, they follow people directly out of the bar. Phoenix has many hotspots for nightlife where law enforcement will patrol, watch people walk to their cars, and follow drivers for any signs of impairment.

Often referred to as “taskforce,” these officers may even join up with outside agencies to set up checkpoints and arrest as many people as possible in a single night. The justification is that DUI accidents are common on holidays, so officers will be actively looking for impaired driving. However, when you’re a hammer, everything looks like a nail. Anyone who is out driving on these nights, even if they are not impaired, is in danger of being arrest for intoxicated driving.

POLICE REPORTS FROM DRUNK DRIVING STOPS

In a DUI police report, the officer will often talk about the driving behavior. A savvy attorney at our Phoenix office can look at the description to see if there is a way to contest the officer’s accuracy on what they observed during the DUI stop. After an officer pulls someone over, they make certain observations about the driver’s appearance, such as bloodshot or watery eyes.

A DUI stop may also involve a field sobriety test, which officers and prosecutors often rely on for their arrest decision. During the arrest process, it is important for drivers to know that they can refuse to do a field sobriety test, although they should generally agree to breath or blood tests.

DRUNK DRIVING POLICE ENFORCEMENT IN PHOENIX

Compared to other cities in Arizona, Phoenix has a huge police force with specialized officers for DUI enforcement. These officers are trained in making airtight police reports and testifying in court. However, the attorneys at our firm have seen issues with officers who are so aggressive with DUI prosecution that they cut corners.

At Grand Canyon Law Group, we know how to handle cases involving DUI stops in the area. We understand nuances about Phoenix law enforcement, like the fact that most officers have body cam, and we are experienced in reviewing footage of DUI stops to find any procedural issues that may help arrested individuals.

It is essential for local drivers to understand their rights regarding DUI stops in Phoenix. If you were pulled over or arrested at a drunk driving checkpoint, your priority should be to reach out to the skilled legal team at Grand Canyon Law Group.

THE PURPOSE OF SUBSTANCE ABUSE EVALUATIONS

Substance abuse evaluations are typically done in person, although a few companies offer them online. They function as a subjective and objective evaluation of a person’s pattern of substance abuse. These evaluations are designed to help the person overcome any substance abuse habits.

Although they are required upon conviction for a DUI, substance abuse evaluations also serve a purpose for the Motor Vehicle Division (MVD). After a DUI arrest, Arizona law requires a 90-day driver’s license suspension. If the person completes a substance abuse evaluation, the MVD is notified and will issue a 60-day restricted driving permit. The Phoenix attorneys at our firm can further explain the process of getting a driver’s permit through a substance abuse evaluation.

WHO ADMINISTERS SUBSTANCE ABUSE EVALUATIONS IN PHOENIX?

Many different companies and agencies handle these evaluations. The city of Phoenix runs its own internal substance abuse treatment and counseling through a company called Prodigy, but they also accept counseling and treatment from different agencies. In Arizona, there are dozens of places approved by the Motor Vehicle Division that people can use for substance abuse evaluations.

After completing the evaluation, the person will get credit from the court and Motor Vehicle Division. A knowledgeable lawyer at our firm can advise on setting up a substance abuse evaluation through one of the agencies in Phoenix.

OUTCOMES OF A SUBSTANCE ADDICTION ASSESSMENT

As our experienced local attorneys can explain, substance abuse evaluations consider various factors, such as:

  • The facts of the current DUI
  • Prior DUI history
  • The BAC level at the time of the arrest

first-time, low-level DUI offense often indicates that a person has no history or indicators of substance abuse issues. In these situations, a person may receive the minimum number of counseling hours after their DUI evaluation.

However, if the evaluation finds that the person appears to have a significant problem with drugs or alcohol, the counseling agency will recommend additional hours of counseling. In Arizona, the minimum amount of counseling is 16 hours, which can be increased to 72 or 96 hours, depending on the situation.

DISCUSS SUBSTANCE ABUSE EVALUATIONS WITH OUR PHOENIX LAWYERS

If you are arrested or convicted of DUI, the state will require you to complete a substance abuse evaluation. These are meant to assess and treat any drug or alcohol issues that DUI defendants may be dealing with. You may be assigned counseling based on the results of the assessment.

Learn more about substance abuse evaluations in Phoenix by speaking with the legal team at Grand Canyon Law Group. We can advise you on handling these situations the right way and work to protect your best interests throughout your DUI case. Call today for a consultation.

DEFENSES FOR PHOENIX DUI CHARGES

If you are accused of driving while intoxicated, the best thing you can do to protect your rights and future is to seek legal counsel. There are many things a seasoned attorney can do to fight the charges and mitigate the potential consequences. You may be able to negotiate a better outcome or present a strong case in court to secure a not guilty verdict.

Your DUI defense lawyer can begin providing relentless representation from the moment you are arrested, making it important to call Grand Canyon Law Group as soon as possible. We can explain the potential defenses for Phoenix DUI charges and tailor a strategy to your circumstances.

CHALLENGING INTOXICATED DRIVING CHARGES

One way a skilled attorney could defend against DUI charges in Phoenix is by using pretrial challenges, such as challenging a stop or search that led to the arrest. This involves filing certain motions that may allege a constitutional violation or other error committed by police during their investigation.

Seasoned legal counsel could also challenge various aspects of the prosecution’s DUI case, such as the results of a blood or breath test or the arresting officer’s credibility. Even if a defendant is convicted on the DUI charges, an attorney can often challenge the sufficiency of any prior convictions in Phoenix. This could lead to significantly reduced sentencing.

STEPS IN PREPARING A DUI DEFENSE IN PHOENIX

Sometimes, a lawyer’s first task is getting the defendant out of police custody and fighting for favorable release conditions. Many people hire a local DUI defense attorney after they have already gone through the initial hearing. In these cases, the first step in the process is talking to the defendant about what happened and hearing their perspective. At Grand Canyon Law Group, we listen to the client’s specific concerns about the DUI case and how the charges could affect their life as part of building a strong defense.

As the case progresses, our lawyers will obtain discovery from the prosecutor. This could include police reports, videos, and blood test results. We comb through the evidence, like body cam footage and scientific laboratory results, for any issues or problems with the case.

Once we have reviewed all the discovery, our Phoenix attorneys can put together our DUI defense argument. We are working to secure the best possible plea offer from the prosecutor or find issues in the case that could be used to suppress evidence at trial.

THE TWO SIDES OF A DUI DEFENSE STRATEGY

There are two sides to our process of building a strong DUI defense: the personal and the legal side. On the personal side, we are finding out information about our client. What situation were they in? Why did this situation happen?

On the legal side, what are some things the officer might have done wrong? What are some of the issues with the blood results or other evidence? We use these questions to work toward an agreement with the prosecution. If we cannot reach an agreement, our Phoenix attorneys will advise the defendant on their DUI defense options for trial.

At Grand Canyon Law Group, our seasoned legal team is prepared to challenge every aspect of your case, from the stop and search to the results of any field sobriety or chemical tests. We have significant experience with and knowledge of the local prosecutors and court systems and can use this to your advantage when negotiating plea deals.

PHOENIX DUI JURY TRIALS

If you are accused of driving under the influence of drugs or alcohol in Arizona, you have the right to a jury trial. Generally, defendants will want to have their case tried in front of a jury. However, parties may occasionally choose a bench trial, depending on the facts of the case. In a bench trial, the judge decides the facts of the case rather than a jury.

BENCH TRIALS VS. JURY TRIALS

A bench trial is before a judge, meaning the judge hears the evidence and decides on the outcome. A jury trial involves six to twelve people selected from the public to determine the facts of the case.

In Phoenix, people accused of DUI generally want to exercise their right to a jury trial. Our seasoned DUI attorneys can advise on whether a bench or jury trial is a better strategy, given the circumstances.

BENEFITS OF A JURY TRIAL FOR DUI CHARGES

The default in Phoenix DUI cases is a jury trial. The reason a defendant may want their case to be heard by a jury is that a jury must listen to and understand every aspect of the case, including:

  • The reason the person was pulled over
  • How they performed on the field sobriety test
  • Why they were placed under arrest
  • The ins and outs of the chemical (blood or breath) testing
  • Testimony from experts

These facts are often better heard by a jury than by a judge. A jury may have a wider view and be more receptive to potential DUI defenses. They may be more willing to use their common sense and life experiences to determine whether the person is guilty of intoxicated driving, as opposed to a judge who hears these cases daily. The concepts and ideas in a Phoenix DUI case may be new to a jury, giving the defendant a better opportunity at a fair trial.

JURY SELECTION PROCESS IN PHOENIX DUI CASES

A pool of potential jurors is brought into the courtroom during the selection process. This pool is typically two or three times the number of jurors actually needed. These people are screened for multiple criteria.

AVAILABILITY

First, potential jurors in a Phoenix DUI case are screened for availability—whether they have the time to sit on the panel.

BIASES

Second, the jurors are screened for any biases that they may have. These may be against the police, defendant, prosecution, or any aspects of DUI cases or similar situations. If they have biases that they cannot overcome, they are stricken for cause, meaning they cannot be a fair juror.

LET A PHOENIX LAWYER REPRESENT YOU IN YOUR DUI JURY TRIAL

At Grand Canyon Law Group, we have significant experience with the law, the circumstances, the forum, and the court where your DUI case will be held. Our seasoned attorneys know everything about how the prosecutors and judges work, so we are better able to determine whether a case should go to trial.

Let us advise you on preparing for Phoenix DUI jury trials and give you the best chances of success in your case. We believe you have a way of life worth protecting.

WHEN CAN A LAWYER FILE A MOTION TO DISMISS WITH THE COURT?

A Phoenix DUI attorney at our firm may file a motion to dismiss when there is a sufficient factual and legal basis. A good example of when a motion to dismiss is appropriate is when police violate a person’s right to counsel.

Suppose that during the course of a DUI investigation, the suspect asks to speak with a lawyer. If the police do not give them an adequate opportunity or the means to do so, this may violate a person’s right to counsel. The violation may allow an attorney to file a motion to dismiss the DUI charges.

This would result in the court holding a hearing to determine whether that right was violated. If so, the court may end up dismissing the case. DUI defendants who believe their rights have been violated should consult our Phoenix lawyers on whether a motion to dismiss is appropriate.

INFORMATION IN A DUI MOTION TO DISMISS

A motion to dismiss must include the following:

  • The facts of the DUI case relevant to the violation
  • The law that applies to that circumstance
  • Application of the law that gives the judge justification for granting the request

Motions to dismiss involve specific and complex legal considerations, making it essential to work with an attorney experienced in DUI cases. Someone without that legal knowledge will not know what to look for regarding the violation of rights. They will not know how to apply the relevant laws to the facts of the case.

LEGAL PROCESS AFTER A MOTION TO DISMISS IN PHOENIX

After a local attorney files a motion to dismiss, the prosecution has an opportunity to respond, to which the defense will then provide a written reply. Next, the court will hold an evidentiary hearing. Whoever is accused of violating the person’s rights—typically the police officer investigating the case—will come in to testify. The parties will question and cross-examine that witness, and the court will make its ruling. Our skilled local attorneys know how to present evidence and make strong arguments at evidentiary hearings for motions to dismiss DUI charges.

OTHER OPTIONS FOR MINIMIZING DUI CHARGES

If a motion to dismiss is not possible, our seasoned Phoenix lawyers can still work to minimize the DUI charges. Grand Canyon Law Group will work to find issues with the DUI case. Are there good defenses? Do we have issues with how the officer conducted the investigation or how the lab conducted the blood tests? Were there any problems with the testing machines or toxicologists?

A prosecutor might give a favorable plea agreement if they are concerned that they cannot prove their case. The prosecutor will consider prior DUIs and any aggravating factors like injuries or high blood alcohol concentration when deciding whether to lower the charges. If they know they are going up against a skilled attorney with a track record of success, they may offer better options for resolving the DUI case.

If the police violated your rights at any point during a DUI investigation or arrest, you might have options for getting the charges dismissed. However, it is important to remember that a motion to dismiss will not be available in every case.

Even if the charges are not dismissed, the skilled lawyers at Grand Canyon Law Group can use various defenses to prevent severe penalties and protect your future. Learn more about whether a motion to dismiss a DUI in Phoenix is available in your situation.

CASE PROCESS FOR DUI CHARGES IN PHOENIX

It can be scary to face charges for driving under the influence due to the terrible potential consequences. Having a DUI on your record comes with significant social stigma as well as possible jail time, fines, and license suspension. Additionally, the process can be confusing, making it important for those accused to seek experienced legal counsel.

At Grand Canyon Law Group, our knowledgeable DUI attorneys are here to explain the case process for DUI charges in Phoenix. Our team can prepare you for the legal proceedings so you can defend your rights and minimize the impact of the charges on your way of life.

GETTING CHARGED WITH DRUNK DRIVING

There are multiple ways to be charged for or accused of driving under the influence. The most traditional one is to have your ability to drive a car be impaired at all by alcohol. These charges can be classified by “per se” levels, where if somebody over a certain blood alcohol concentration (BAC), then they are considered to be driving under the influence.

PER SE LEVELS FOR MISDEMEANOR DUI

The first level is over a 0.08 BAC. For 0.15 or above, the driver may be charged with extreme DUI. A BAC of .20 or above may be considered a super extreme DUI. These charges are all misdemeanor DUIs.

FELONY INTOXICATED DRIVING CHARGES

There are several scenarios that could lead to felony DUI charges. These include the following:

  • Intoxicated driving with a child under the age of 15 in the car,
  • Driving the wrong way on a street while intoxicated
  • Having three or more DUIs within seven years
  • Intoxicated driving with a license that is still suspended for a previous DUI
  • Driving in violation of an ignition interlock device requirement from a previous DUI

A Phoenix attorney could further explain the case process for felony DUI charges.

PROCESS FOR DRUG DUIS

Our legal team has seen a large increase in marijuana DUIs or drug DUIs in Phoenix. A driver could even be charged with DUI for use of prescription drugs if the police believe it impaired their ability to drive.

PROSECUTION PROCEEDINGS FOR DUI CHARGES IN PHOENIX

The process after a DUI arrest will depend on which court the case goes through, which is determined by which police agency issued the citation. Usually, the Phoenix Police Department handles most of DUI cases. Misdemeanor DUIs go through Phoenix municipal court. If a sheriff or Department of Public Safety officer issued the citation, then the DUI case will go to one of the many justice courts in Phoenix, which are run by the county instead of the city. In either case, it is best to seek help from a local attorney to prepare for the DUI court process.

INTOXICATED DRIVING COURT PROCESS

After arresting a person for DUI, the officer may give a citation and a court date before releasing them. The officer may also wait until the blood results come in. If the results indicate a BAC over 0.08 or the presence of drugs, the officer will send the results to the prosecutor to charge the case.

In this case, the accused driver will receive a letter in the mail notifying them of the charges and court date. This could happen months after the initial arrest or citation. Prosecutors have up to one year to charge misdemeanor DUIs, and up to seven for felony charges.

SENTENCING FOR DRIVING UNDER THE INFLUENCE

Phoenix and Arizona in general are known for taking DUIs seriously. Most cities in Arizona have a strong push for DUI enforcement, and the penalties are harsh compared to other states. Even a first-time conviction requires jail and an ignition interlock for at least a year, as well as heavy fines. As such, it is critical to consult a lawyer in Phoenix on the sentencing process for DUI charges and discuss any mitigating or aggravating factors.

DISCUSS YOUR CASE WITH A PHOENIX DUI ATTORNEY

DUI cases can be complex processes from the moment you are pulled over to the resolution of a trial or sentencing hearing. At Grand Canyon Law Group, our experienced legal team can help you at every stage of the case process for DUI charges in Phoenix. We can discuss whether it makes sense to take a plea agreement or go to trial, and we are prepared to use every available strategy to secure the best possible resolution in your situation.

Each city has its own nuances for legal cases and proceedings. Phoenix is known for being aggressive with DUI enforcement, along with other unique aspects of the municipal and city court systems. The courts handle a significant number of DUI cases, and the prosecutors can be difficult to work with.

A DUI conviction can complicate your life, but the right Phoenix DUI lawyer can help ease the process and mitigate the effects of your case. Our experienced attorneys at Grand Canyon Law Group have extensive experience defending DUI cases and are not afraid to fight for you in the courtroom. Schedule a free consultation today to learn more about how we can help you.

Schedule A Consultation With The Grand Canyon Attorney Who Can Help