Category Archives: DUI Lawyer

“Driving Under the Influence” (DUI) is the official term used in Arizona while some other states use the term “Driving While Intoxicated” (DWI.) The two terms have become synonyms for each other and refer to drugged or drunk driving.

The DUI laws of Arizona explicitly forbid the operation of any form of motor transport in these circumstances:

• When the operator of the vehicle has a blood alcohol content (BAC) of 0.8 or more
• When they are under the influence of alcohol or drugs if the driver is to the slightest degree impaired

There is what is known as a “Not a drop” law in the state of Arizona. It states drivers under the of twenty-one years cannot drive with any amount of detectable alcohol in their body. Colloquially this is known as a “baby DUI.”

Incidentally the law includes what is defined as being in control of a motorized or electric vehicle as well as operating or driving a vehicle. The purpose is to prevent drunk driving prior to it commencing.

Arizona DUI Penalties

In Arizona, the circumstances of each case will determine the penalties for a DUI including the amount of previous convictions the individual may have as well as the blood alcohol content of the driver.

Impaired DUI (Blood Alcohol Content ranging from .08 to .149%)

• Jail: The minimum term is 10 days but is subject to all but 1 day or twenty-four hours may be suspended on the completion of screening for alcohol
• Fines: Minimum of $1,480
• Suspended License: Minimum for 90 days
• Ignition Interlock Device: 1-year mandatory (with a possible 6-month reduction)

Extreme DUI (Blood Alcohol Content ranging from .15 to .199%)

• Jail: The minimum term is 10 days but is subject to all, but 9 days may be suspended on the completion of screening for alcohol
• Fines: Minimum of $3,000
• Suspended License: Minimum for 90 days
• Ignition Interlock Device: 1-year mandatory

Super Extreme DUI (BAC of at least .20%)

• Jail: The minimum term is 45 days but is subject to all, but 14 days may be suspended on the completion of screening for alcohol
• Fines: Minimum of $3,250
• Suspended License: Minimum for 90 days
• Ignition Interlock Device: A mandatory 1-year term as a minimum

Further DUIs

Unquestionably Arizona has very harsh penalties for repeat offenders:

Impaired DUI

• Jail: The minimum term is 90 days and 30 of those must be served on consecutive terms but is subject to all, but 30 days may be suspended on the completion of screening for alcohol
• Fines: Minimum of $3,000
• Suspended License: At least 1 year however an individual may be able to obtain what is known as a restricted license after forty-five days if an ignition interlock device is installed
• Ignition Interlock Device: A mandatory 1-year term as a minimum

Extreme DUI

• Jail: Minimum of 120 days (60 served consecutively)
• Fines: Minimum of $3,250
• Suspended License: At least 1 year however an individual may be able to obtain what is known as a restricted license after forty-five days if an ignition interlock device is installed
• Ignition Interlock Device: A mandatory 1-year term as a minimum

Super Extreme DUI

• Jail: Minimum of 180 days (90 served consecutively)
• Fines: Minimum of $4,250
• Suspended License: At least 1 year however an individual may be able to obtain what is known as a restricted license after forty-five days if an ignition interlock device is installed
• Ignition Interlock Device: A mandatory 1-year term as a minimum

You should also know a third DUI represents a felony offense and carries a mandatory and minimum prison sentence of four months as license revocation for a minimum of one year, an IID requirement for a minimum of two years and in excess of $4,000 in assessments and fines.

Refusing a Breath Or Blood Test in Arizona And Implied Consent

The “implied consent” law on the books in Arizona states following a DUI arrest all drivers must, without exception, provide a breath or blood test. To refuse to do so will be penalized thus:

• Suspended License 1^st offense: 1 year
• Suspended License 2^nd offense: 2 year

While DUI laws tend to be similar across the United States, drivers should be aware of important legal distinctions from state to state. Arizona DUI laws are no exception. As a driver, you should already understand that operating a vehicle while impaired by drugs or alcohol could lead to serious legal ramifications.

This article explains Arizona DUI laws and what you should expect if charged there.

Arizona DUI Laws

According to Arizona’s DUI laws, it is illegal to drive or be in physical control of a vehicle while under the influence of drugs or alcohol. In addition, police officers can charge you with a DUI for a blood-alcohol content level (BAC) of 0.08% or greater. In some circumstances, such as driving a commercial vehicle, your BAC can be much lower and qualify as a DUI.

Overall, Arizona has a very strict approach to DUIs, referring to the act as the equivalent of a “violent crime.” As such, the state’s penalties even for a first-time offense could be seen as especially harsh compared to a state like California, where you could be a third-time DUI offender and not necessarily serve mandatory jail time.

These distinctions are broken down further in the following sections.

Arizona’s DUI Definition

First, there is a special emphasis in Arizona, as dictated by ARS § 28-1381, on the physical act of operating a vehicle while under the influence of alcohol or drugs. In Arizona, “under the influence,” should be understood as clearly impaired by a substance, legal or otherwise, to the point where you are not capable of safely operating any vehicle.

So if you are not capable of safely controlling your car or truck, but make any identifiable attempt to do so, you are guilty of a DUI according to Arizona law. Understanding this emphasis is important because you need not be driving to get charged with a DUI.

You Can Get an Arizona DUI Without Actually Driving

Even if you are not driving, any action that could be construed as “actual physical control” of your vehicle still violates Arizona’s DUI laws. Actual physical control goes into effect when you are deemed to be the primary party in control of your vehicle. Even if you aren’t on the road, actions like turning the headlights on, rolling the windows up or down or putting keys in the ignition or actions that dictate you are in actual physical control.

Please also note that you can still get charged with a DUI within two hours of operating a vehicle if your BAC is still above the legal limit during that time. That means even if you are at home, having driven an hour ago, you may still face charges for having too recently driven your car with a BAC above the legal limit.

How Arizona Law Defines “Under the Influence”

In Arizona, you are under the influence if you are impaired by a substance to the point it interferes with your ability to drive or operate a vehicle safely. This is typically defined according to reaching and exceeding a certain BAC limit. The standard is 0.08%, however it drops to 0.04% for commercial driving.

Arizona’s “Not A Drop” Law

The “not a drop” law, sometimes referred to as a baby DUI, concerns Arizona’s zero tolerance for underage driving and driving. If you are under 21 and drive with a BAC greater than 0.00%, you are guilty of a DUI.

A driver can have a detectable amount of alcohol in your system even after a few sips of beer or wine, making it very easy for underage drivers to violate this law and get into trouble.

Arizona “Shelter Rule” Defense

As stringent as Arizona’s laws can be about what falls under the definition of a DUI offense, the state also worried that some drivers, fearful of getting caught, would risk driving while intoxicated in the hopes of reaching home, a friend’s house, or hotel. And as parking isn’t necessarily an immediate defense against a DUI, some may have felt even more inclined to risk their safety and others by driving.

With this concern in mind, Arizona passed the “Shelter Rule” law, a temporary shelter defense against a DUI charge. Under this law, the act of pulling onto the side of the road or into a parking lot could be argued as relinquishing physical control, as you are avoiding the act of drunk driving.

There are a couple of factors that a judge or jury would need to take into consideration when deciding if a driver is in actual physical control:

• Are they behind the wheel? A person asleep in the back seat does not have the level of control over their vehicle that someone passed out behind the wheel might.
• Do they have keys in the ignition? While a lack of keys might help determine physical control in certain cases, many new vehicles do not use keys to start the ignition.
• What is the time of day? It makes the most sense to pull over and “sleep it off” if the driver does so in the middle of the night.

The more favorable these mitigating factors in demonstrating the relinquishment of actual physical control, the less likely you are to be convicted of a DUI.

Arizona DUI Penalties

Although the Arizona DUI laws label most offenses as misdemeanors, the consequences are still serious, even for the very first time. The severity of penalties also increase when drivers move from a simple DUI to an extreme or aggravated DUI.

Arizona’s Aggravated DUI Penalties

In Arizona, you have committed an aggravated DUI if you:

• Are arrested of a DUI with a suspended, revoked or canceled license.
• Commits a third DUI offense within 84 months of a previous conviction.
• Commit a DUI offense while a person under 15 is in the car.
• Has an ignition interlock device (IID) in place, but refuses to submit to a BAC test.

While most DUIs can be charged as a misdemeanor, an aggravated DUI is a felony that carries stiff punishment if convicted. Penalties include up to two years in prison, loss of your driver’s license for a year, mandatory entrance into an alcohol education, treatment and screening program, addition of a certified IID in your vehicle, and mandatory community service.

Arizona’s Extreme DUI Penalties

An extreme DUI refers to drivers with a BAC level exceeding 0.15%. The first time this happens, drivers serve a mandatory jail sentence of at least 30 days without the eligibility of probation or a suspended sentence. Additionally, they must pay a minimum fine of $2,500. Any vehicle you drive must get an IID installed, and you are required to enroll in an alcohol screening, education and treatment program.

While the extreme DUI has harsher punishments than a standard DUI charge, it still gets classified as a misdemeanor.

For the second offense and beyond, the punishments become even more severe. Your license gets automatically revoked for a year, and you face a minimum jail sentence of 120 days. In addition to the mandatory IID and alcohol screening, education, and treatment program, you must also perform community service.

It’s important to remember that the severity of subsequent DUI charges increases the closer they occur together; typically, the escalation in severity refers to multiple convictions happening within a seven-year period.

Implied Consent and Refusing a Blood or Breath Test in Arizona

According to ARS § 28-1321, the “implied consent affidavit,” is served to any driver suspected of a DUI offense where they refuse to or are for whatever reason cannot submit to testing that determines their blood alcohol concentration or drug content. This affidavit is the equivalent of a DUI citation.

For this reason, all drivers are required to submit to testing. The first time a driver refuses, their driving privileges get suspended for a year; a second refusal within 84 months of the first will cause a two-year suspension.

Although DUI checkpoints are a contentious exception (in most states), police officers can generally only stop drivers if they have reasonable suspicion of criminal activity. An officer with reasonable suspicion of a crime may stop and briefly detain a person for the purpose of conducting a limited investigation. If the officer still suspects the motorist of DUI after the initial investigation, a field sobriety test and/or a BAC (breathalyzer) test will be administered.

This means that every drunk driving arrest begins with an officer’s reasonable suspicion that the driver was involved in criminal activity, even if that suspicion is later disproved. Even if a driver is inebriated while driving, a DUI charge against him may be dismissed if the officer did not have reasonable suspicion at the time of the stop.

Reasonable Suspicion for a DUI Stop Examples

Any of the following observations could lead to a reasonable suspicion that a driver is impaired:

• Straddling the line in the middle
• Turn that isn’t legal
• Drifting from one lane to the next is a common occurrence.
• Almost colliding with other vehicles or objects on the roadside
• Driving that is excessively slow or erratic
• Braking is done frequently.
• Suddenly coming to a halt in the middle of the highway for no apparent reason

This is by no means a comprehensive list; anything that an officer suspects is a sign of intoxication may be considered reasonable suspicion. Similarly, if an officer has a reasonable suspicion that the driver is impaired after stopping for something completely unrelated, he may look into it further (a burned-out brake light, for example).

Probable Cause vs. Reasonable Suspicion

While reasonable suspicion allows an officer to temporarily stop and detain a driver in order to conduct further investigation if the officer suspects the driver of committing a crime, an officer must meet the higher standard of probable cause before making an arrest. Probable cause simply means that an officer has sufficient evidence to believe that a motorist has committed a crime, thus justifying his or her arrest. An officer may have probable cause for an arrest after administering a field sobriety test and/or a breath test in the context of a DUI stop if the results indicate probable intoxication.

Probable cause differs from reasonable suspicion in that an officer must have enough evidence to suggest that the motorist has most likely committed a crime in order to meet the probable cause standard. Reasonable suspicion, on the other hand, requires only that the officer has some evidence that the motorist has committed a crime. It’s a subtle distinction, but one that matters.

What can a DUI attorney do to help you fight your charge? With your future freedom in jeopardy it is a very important question because with a seasoned DUI attorney on your side, you will not have to struggle with complex legal aspects of your case and complicated court proceedings. Read on to learn more about how a DUI lawyer can best represent you.

Advise You to Keep Quiet When It Counts

Sometimes what you do not say means more than what you say. A competent DUI attorney will tell you when you should speak and when you should not. They may also suggest you do not take the stand to avoid interrogation by the prosecution.

Know the Local Courts Inside And Out

Inevitably, your DUI attorney will be far more knowledgeable regarding legal and courtroom procedures. You can also decide to use the services of an attorney with an ample background of dealing with juries, local judges and the local court rules in the area you live.

Keep Track Of Legal Deadlines, Filings

There are multiple steps in DUI proceedings that may be easily overlooked. For example, there may be a time limitation on when you can request footage from a police car dashcam that may be crucial to your case. There are also many motions that must be filed in a certain order and in a timely manner and your lawyer is the one person who is best suited and experienced enough to make sure these filings are submitted prior to the deadlines from the court.

Negotiate With Tough Prosecutors

Local prosecutors will speak and work with your DUI attorney to discuss possibilities of plea bargains or alternatives to spending time in jail. The credibility of DUI attorneys are trusted by those in the court system. Indeed, many prosecutors will not even attempt any form of negotiation with a person who has decided to defend themselves.

Help to Expunge Your Conviction

Local prosecutors also often work with DUI attorneys with the potential of getting your conviction expunged so it does not impact your future employment prospects or your credit score. These procedures are very laborious and very individual to local and state court and they must be followed exactly.

Source: Snider, Brett. “5 Things a DUI Lawyer Can Do (That You Probably Can’t).” Findlaw, 21 Mar. 2019, https://blogs.findlaw.com/blotter/2014/04/5-things-a-dui-lawyer-can-do-that-you-probably-cant.html.

The average total costs for a DUI Lawyer is $6,500 with prices varying from $5,000 to $8,000 in the USA for 2019-2020. In basic terms, you can expect the lawyer fee on its own to be an average of $1,900 with the rest being made up of additional charges. Obviously, the fee will vary depending on whether you choose to accept some kind of plea or go to trial. In cases where you go the route of accepting a plea, expect to pay an average of $1,100 with costs varying from as little as $700 to $1,500 and should you prefer to go to trial, expect an average fee of $2,750 with costs ranging from $1,500 to $4,000 for the US in 2019-2020. In cases of a more extreme nature, you can expect to pay upwards of $10,000.

It usually takes six to twelve months for the case to reach a point of resolution from the initial arrest. The total price of the DUI may become very substantial with more than just lawyer fees to consider, hence it is essential to seek legal advice to costs and any penalty fees associated with the case can be minimized. Consider the trial may go on for longer than at first anticipated and there may be additional specialist reports to review as well as additional witnesses to step forward.

DUI Attorney Fee Structures

DUI Attorneys usually work on a flat or hourly rate of pay. For example, a flat fee will usually cover the entirety of your case, many attorneys offer a payment plan, but you can expect at least $3,000 in fees. Usually an attorney will agree to this option when they think a plea can be negotiated as opposed to a trial that will be costly. Conversely the average hourly rate is around $300 per hour but prices may range anywhere between $200 and $500 per hour. On the upside if the case reaches a speedy resolution, you will not be out of pocket too much.

Do I Need A DUI Lawyer For My First Offense?

Self-representation will require an enormous learning curve to negotiate regarding criminal trial procedures and the legal system, and likely will put you at an enormous disadvantage. Also, judges tend not to be tolerant of self-representation.

Additional Attorney Costs To Resolve Your DUI

The punishment for a DUI depends on the state where the DUI was committed. Besides the possibility of facing jail time and the fees from lawyers, it is of great importance you know of the following costs and consequences with a DUI.

DUI Fines

A set fine will have to be paid when you have been charged with a DUI. If this is your first DUI you can look at paying an initial fine of $300 to $2,000 and fines will be higher, for example, if you were driving with a minor in the vehicle. If another person has been injured as a result of your DUI that can escalate to in excess of $5,000 in fines.

Court Defense Costs, Penalties & Fees

You will also need to think about the following fees, penalties and court costs when deciding how to proceed. While prices vary dependent on the unique facts of every situation, here are some ballpark amounts for your consideration:

• Up to $250 for sentencing and $100-$1,000+ in probation fees.
• Between $100 and $1,000+ for automobile impound and towing fees.
• Between $1,000 and $2,500 fees for driver responsibility.
• Approximately $100 for mandatory drug screening, is ordered.
• Anywhere between $100 and $2,500+ to get yourself bailed from the jail.

DUI Classes Cost

$100 to $500 will be the cost of classes depending on the rules the state has for such.

DMV Fees

Usually a DUI results in a license being suspended. The reinstatement fee can depend on your state but is often in excess of $125.

Insurance

You can expect your insurance premiums to go up simply because you will be considered a driver at high risk by the insurance company and that is if they decide not to cancel your coverage totally. Normally, you can expect to pay between double and treble their usual insurance rates. In some states, the cost can be in excess of 300%.

Ignition Interlock Devices

This is a breathalyzer that will not allow operation of your vehicle until you have blown into it. Installation runs around $100 together with a monthly fee ranging from $60 to $80. Depending on the terms of your sentence, you may have to keep this device on the car for a considerable period of time.

Impound And Towing

When you have been arrested for a DUI, the car is first towed and then impounded. Often the tow fee is around the $150 range and impounding cab run $50 or more per day.  So go get your car picked up.

2nd DUI Lawyer Cost

The average cost to hire a lawyer for a 2^nd DUI offense is about $6,600 with average lawyer fees ranging from $5,000 to $10,000 in the US for 2019 according to Lawyers.com. The average case duration took 7.6 months with time frames ranging from 5 to 12 months. A recent nationwide survey evaluated the duration, cost and the results for defendants facing a DUI case when they already have prior convictions for the same offense. In this post, you can learn what was discovered.

3rd or 4th DUI Lawyer Cost?

The average cost to hire a lawyer for a third or fourth DUI offense is about $7,300 with average lawyer fees ranging from $6,000 to $12,000 in the US for 2019 according to Lawyers.com. The average case duration is about 7.8 months but ranges from 5 to 12 months.

Source: 2019 DUI Lawyer Costs: Average DUI Attorney Fees.” Thervo, https://thervo.com/costs/dui-lawyer-cost.