DUI Attorney in Tempe
Arizona has some of the harshest laws in the country for driving under the influence (DUI). If you are accused of intoxicated driving, you need dedicated representation from a skilled Tempe DUI lawyer, regardless of the circumstances of your case. If you are arrested on these charges, contact our professional DUI defense lawyers as soon as possible. People make mistakes, and the police’s methods for determining intoxication are not always accurate.
The legal team of Tempe criminal defense lawyers at Grand Canyon Law Group can use every available strategy to avoid a conviction or mitigate the penalties against you.
For a free legal consultation with a dui lawyer serving Tempe, call 480-400-5555
VARYING DEGREES OF DUI IN TEMPE, AZ
There are several DUI offense levels, all of which involve jail time, fines, and treatment programs upon conviction. Our seasoned local attorneys understand the various DUI charges and can craft an effective defense for the specific circumstances.
Arizona Revised Statutes § 28-1381 makes it illegal to drive or control a vehicle if a person is even slightly impaired due to alcohol or drugs. Additionally, it is illegal for a person to drive with a blood alcohol concentration (BAC) exceeding .08% or with any amount of illegal drugs in their system. Those with a commercial driver’s license must have a blood alcohol concentration (BAC) under .04%.
However, motorists may face DUI charges even with BACs under .08% given the broad interpretation of “slight impairment.” Additionally, drivers under the age of 21 may not have any alcohol in their system while operating a vehicle.
PENALTIES FOR A BASIC DUI
If convicted, first-time DUI offenders face a minimum of 10 days and up to 6 months in jail, as well as up to $2,500 in fines. For a second-time DUI offense, individuals must serve at least 90 days in jail, pay a minimum $3,000 fine, and relinquish their driver’s license for a year. Upon release, individuals must attend treatment, install a certified ignition interlock device (IID) in their vehicle for 12 months, and complete a period of community service.
Besides criminal penalties, a conviction for DUI can impact a person’s life in significant ways. A mark on a criminal record may make it difficult to secure employment, housing, loans, and professional licenses. To avoid these collateral consequences, it is crucial to be proactive in contacting a dedicated Tempe DUI lawyer in the community.
EXTREME DUI PENALTIES
Extreme DUI charges may be brought if a person’s BAC is above .15 and below .20. Under Ariz. Rev. Stat. § 28-1382, penalties start with:
- A minimum jail time of 30 days, with no option for probation or suspended sentences
- At least $2,500 in fines
- Mandatory treatment
- Installation of an IID
- Community service
The penalties will be even higher if the person’s BAC is above .20%.
Second-time offenders will experience enhanced penalties of at least 120 days behind bars and $3,250 in fines.
AGGRAVATED DUI PENALTIES
The most serious DUI charge is a felony under Ariz. Rev. Stat. § 28-1383. Aggravated DUI occurs when a person drives intoxicated:
- With a suspended or revoked license
- For the third time in 84 months – Third-offense DUI in Tempe
- With a minor under 15 years old in the vehicle – Underage DUI
- With an IID installed and refuses a BAC test
In addition to all the requirements of lesser DUI offenses, an aggravated DUI charge carries a mandatory prison term along with serious driver’s license consequences. To deal with these felony DUI charges, contact our skilled Tempe felony DUI lawyer.
Tempe DUI Lawyer Near Me 480-400-5555
REFUSING TO TAKE SOBRIETY TESTS IN TEMPE
By accepting an Arizona driver’s license, a person agrees to submit to intoxicating substance testing under the State’s Implied Consent Law. People may refuse sobriety tests, but not without ramifications. When a person declines these field evaluations, the officer may arrest them on suspicion of driving intoxicated, present the refusal as evidence of guilt at trial, and request the individual submit to a blood test, urine evaluation, or breathalyzer.
If a person rejects these further requests, the Arizona Department of Transportation (ADOT) may automatically suspend their driver’s licenses for 12 months. Our DUI attorneys can help Tempe residents resolve license suspension issues with the DOT in addition to providing vigorous legal representation.
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Possible Defenses Against a DUI Arrest in Tempe
If you are arrested for a DUI in Arizona, you may feel like you have already run out of options. It can feel demoralizing and defeating to be arrested, especially for an offense that you may feel unable to defend yourself against. However, the right DUI lawyer can develop a solid defense strategy to provide you with some semblance of peace. A skilled attorney can give you the opportunity to fight the charges against you.
Here are some possible defenses against a DUI in Tempe:
Violation of Your Constitutional Rights
Upon being stopped by the police, you are automatically afforded certain rights under the Constitution. You can invoke your right to remain silent whenever you wish. You are under no legal obligation to say anything to the police. Another guaranteed right is your right to an attorney. When you are being questioned by the police, and you request a lawyer, the police are supposed to cease all questioning.
However, this does not always happen. If the police continue to press you for information and refuse to allow you to reach out to a lawyer, this is a blatant violation of your constitutional rights, which could result in a strong defense against your charges. If your lawyer can prove to the court that the police refused your right to counsel, your charges may be dismissed entirely.
Lack of Reasonable Suspicion
To legally pull somebody over, the police must first establish a reasonable suspicion that the driver in question has broken a law. Once you are pulled over, if the police start to believe that you may be drunk, they can now investigate a suspected DUI. However, if the initial stop was unlawful and lacked any reasonable suspicion, any evidence gathered during that stop may be inadmissible under Arizona’s exclusionary rule.
Inaccurate Breathalyzer Test
If you are pulled over on suspicion of drunk driving, you will likely be asked to take a breathalyzer test. The breathalyzer measures your blood alcohol content to determine your estimated level of intoxication. However, these tests are hardly infallible, and they can provide an inaccurate reading for any number of reasons, from equipment failure to user error. Even variations in your body temperature or certain medical conditions can cause them to fail.
Lack of Probable Cause
If you are pulled over for a suspected DUI, the police can only arrest you if there is probable cause that you were likely drunk. If the police are unable to prove that you were intoxicated, it can severely damage the case against you. For a DUI arrest to be considered legal, the police must have the facts on their side. If they never tested your BAC, if you weren’t driving erratically, or if you didn’t smell of alcohol, there may be no probable cause.
Improper Field Tests
There are three standard field sobriety tests used in Arizona:
- The horizontal gaze test
- The one-legged-stand test
- The walk-and-turn test
These tests assist law enforcement in determining a suspect’s level of intoxication. However, if they are administered improperly, the result can be incorrect. You could then be arrested for a DUI when you may not even be drunk. Your attorney can help expose the arresting officer’s improper field test knowledge.
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Tempe DUI Law FAQs
Q: How Much Does a DUI Lawyer Cost in Tempe, Arizona?
A: There is no telling how much a DUI lawyer may cost in Tempe, Arizona. Every DUI case is different, as is every DUI lawyer whose services you seek to hire. Each DUI case has its own specific set of details and circumstances unique to that case. A prospective lawyer can have to take those details into consideration when determining their fee, which is likely different for every client. Other factors include your lawyer’s caseload, experience, and education.
Q: Is It Worth Getting a Lawyer for a DUI in Tempe, AZ?
A: Yes, it is worth getting a lawyer for a DUI in Tempe. Legally, you do not have to retain an attorney for your situation. You are allowed to represent yourself and try to handle everything on your own. However, it is highly recommended that you consult an experienced lawyer for any legal issue you find yourself in. After all, having someone on your side who understands the law and can give you sound advice can only help your case.
Q: Can a Lawyer Get You Out of a DUI in Tempe, AZ?
A: Yes, it is entirely possible that a lawyer can get you out of a DUI in Tempe. An experienced DUI lawyer can develop a solid defense strategy. They can look through every aspect of your case to find anything they can possibly use to establish a viable defense. There could be errors made during your arrest, constitutional violations you aren’t aware of, or deals that could be made in your favor.
Q: Can I Refuse to Take a Field Sobriety Test?
A: Yes, you can refuse to take a field sobriety test. However, the consequences could be dire. Refusal to submit to any field sobriety tests can be considered legal grounds for the police to arrest you on suspicion of drunk driving. A refused test could result in an automatic suspension of your driver’s license. It may even result in additional penalties, depending on your particular situation. A good DUI lawyer could help you find a way to fight this issue.
CONTACT A TEMPE DUI LAWYER FOR AGGRESSIVE DEFENSE
Facing a DUI charge can be an overwhelming, confusing, and ultimately infuriating situation to find yourself in. Trying to handle these charges on your own can result in harsh penalties and severe consequences for your future. It is recommended that you reach out to an experienced Tempe DUI lawyer. They can help you figure out a strategy and do what they can to succeed in your case.
The legal team at Grand Canyon Law Group is fully prepared to offer you quality legal assistance in building your case, gathering evidence to support it, and ensuring that you are not taken advantage of at any point during this process.
DUI charges are not easy to beat without an experienced attorney at your side. It is essential to work with the right lawyer to effectively challenge the prosecution’s case and secure a dismissal or reduction of charges.
If you are facing these serious criminal allegations, do not try to resolve the situation on your own. Reach out to a Tempe DUI lawyer at the Grand Canyon Law Group today to get the representation and advocacy you need.
Call or text 480-400-5555 or complete a Free Case Evaluation form
