Phoenix DUI Lawyer

Phoenix DUI Attorney

Driving Under the Influence (DUI) is a common offense, and many people don’t realize how serious the penalties can be. Arizona has some of the toughest DUI laws and the most aggressive DUI law enforcement. This is why a Phoenix DUI lawyer is crucial, as they can protect you throughout the process of a DUI arrest or charge, potentially preventing the worst of your criminal penalties.

A jail sentence for intoxicated driving in Arizona can be as long as six months, with fines as steep as several thousand dollars, plus a host of other criminal consequences with long-term impact.

Dworman Law: Your Skilled DUI Defense Team in the Phoenix Metro Area

If you are charged with DUI in Arizona, get the protection of a DUI defense attorney as soon as possible. Arizonans trust Dworman Law, particularly our defense attorney Howard Dworman for his successful track record in defending individuals facing DUI charges.

Mr. Dworman is specifically trained and experienced in drunk-driving defense, with over 100 hours of continuing legal education in DUI. He is also an esteemed member of legal networks including the National Association of Criminal Defense Lawyers, the DUI Defense Lawyers Association, National College for DUI Defense, and the Arizona Attorneys for Criminal Justice.

The team at Dworman Law understands the effect these cases can have on your future, and our goal is to limit penalties and collateral consequences. You need a diligent attorney who can use appropriate aggressive defense techniques to your benefit. Our firm can work tirelessly to find the weaknesses in the case against you while providing the support you need.

With his training, experience, and resources, Mr. Dworman has obtained case dismissals and Not Guilty verdicts in DUI cases and is your best chance for a successful defense. Call Dworman Law today at (480) 256-2449.

Defining a DUI In Arizona

Under Arizona law, a DUI can be any of the following:

• Operating a motor vehicle while being impaired by alcohol, drug, a vapor substance, or a combination of those, as described in Arizona Revised Statutes 28-1381 (A)(1)
• Having a blood alcohol content (BAC) of 0.08 or higher within two hours of driving, as described in ARS 28-1381(A)(2)
• Driving with illegal drugs in the body, whether or not they cause impairment, as described in ARS 28-1381(A)(3)
• Having a BAC of 0.15 or higher within two hours of driving, as described in ARS 28-1382(A)(1)
• Having a BAC of 0.20 or higher within two hours of driving, as described in ARS 28-1382(A)(2)
• For drivers of commercial motor vehicles, driving with a BAC of 0.04 or higher, as described in ARS 28-1381(A)(4).

Toughest DUI Rules And Punishments In Arizona

In a state-by-state comparison by Mothers Against Drunk Driving (MADD), Arizona is the only five-star rated state in terms of anti-DUI laws and enforcement. This means that AZ checks all the criteria in creating and implementing laws against intoxicated driving.

Drivers in Phoenix, Arizona, are surrounded by strict anti-DUI rules, and when charged with a DUI offense, they could face harsh consequences.

Arizona’s DUI rules include:

• All-offender interlock law. All DUI offenders in AZ – including first-time offenders – are required to install an ignition interlock device as part of their penalties. In several other states, first-offense DUI does not include this punishment.
• Sobriety checkpoints. Also called DUI checkpoints, these are police stations set up specifically to check for intoxicated drivers. A few states have questioned the constitutionality of these checkpoints, but Arizona has deemed them legal.
• Automatic license revocation. A DUI arrest in Arizona can trigger an automatic suspension of your driver’s license, even when you are not convicted. The Arizona Motor Vehicle Department also has the power to automatically revoke your driver’s license based on certain offenses. Reinstatement of license is not automatic.
• Child endangerment as felony. If a person is driving while intoxicated with a child in the car, it can be considered aggravated DUI, which is a felony in Arizona.
• “No-refusal” rule. While some states allow their drivers to refuse a breathalyzer or chemical test without consequence, such a refusal in Arizona can result in automatic license suspension for a year.

A conviction of DUI in Arizona can have multiple and severe penalties, even if it is a first offense. A first DUI offense in AZ is punishable with:

• Up to six months in jail
• Up to $5,000 in fines
• Up to five years’ probation
• Driver’s license suspension
• Shouldering of daily jail costs
• Installation of ignition interlock device
• Required alcohol classes
• Restitution, if applicable
• Victim impact panel.

Aggravated DUI In Arizona

Certain circumstances can escalate a DUI offense into an aggravated DUI, which is a felony under ARS 28-1383. Aggravating circumstances include:

• DUI with a child in the car;
• Two or more prior DUIs within seven years;
• DUI on a suspended or revoked license *as a result of a previous DUI/Admin Per Se or Implied Consent;
• DUI while ordered to use ignition interlock;
• DUI while driving the wrong way.

Maximum penalties (assuming no other prior felonies exist) for these include 3.75 years in prison and $150,000 in fines, but even most first-time aggravated DUI is harshly punished with a mandatory four-month prison sentence. The consequences of a felony conviction are much more significant than misdemeanor penalties, and this makes a strong legal defense even more crucial.

Dworman Law Can Help You Fight Your Arizona DUI Charge

If you are facing a DUI charge, contact a trusted DUI defense lawyer immediately. Even if you believe that you were not impaired while driving or that your BAC was within legal limits, there are still many ways that you could suffer the consequences of an arrest.

Here at Dworman Law, our DUI defense lawyer is experienced and proven effective in protecting clients. These are some of the things we can do for you:

• Building the best defense strategies against your DUI charge – from breathalyzer errors and legality of the arrest, to courtroom technicalities and weakness of evidence
• Alleviating the impact of the arrest and the potential penalties
• Ensuring that your rights are upheld throughout your case
• Guiding you to avoid costly mistakes such as making statements, admitting to things, and signing away your rights
• Assisting you in reinstating your driving privileges from the Motor Vehicle Division (MVD).

Potential Defenses Against DUI Charges in Phoenix

Finding an effective defense against your DUI charges will depend entirely on your unique case. Your attorney can investigate your arrest and the evidence against you, determining whether your rights were violated or if there were other errors in the process.

Some of the potential defenses that are commonly used to dismiss or reduce DUI charges include:

1. Stop: In Arizona, an officer can pull over a vehicle if they have reasonable suspicion or probable cause to conduct a traffic stop, such as reckless driving. An officer can also conduct traffic stops at a DUI checkpoint. However, when neither of these situations applies, the arrest would be unwarranted, and any evidence gathered at the stop could be inadmissible.
2. Lack of Probable Cause for Arrest: Even if there is cause for a traffic stop, there may not have been probable cause for an arrest. Physical symptoms like slurring words, lack of balance, or bloodshot eyes can be caused by other issues like fatigue, injury, or allergies. If there was not enough cause for an officer to suspect the driver of being intoxicated, but they arrest them anyway, this may be grounds for a defense.
3. Improper or Inaccurate Field Sobriety Tests: Field sobriety tests (FSTs) can determine a driver’s intoxication level, but they are often inaccurate due to numerous factors. The officer must only use standardized FSTs and cannot give them to certain drivers and in certain conditions. Officers do not always follow these requirements. Uneven roads, older drivers, medical conditions, physical injuries, poor administration and instructions, and inclement weather can all affect the outcome of an FST and cause poor results.
4. Lack of Actual Physical Control: There must be proof that the individual was in actual physical control of the vehicle. All the circumstances must be reviewed to determine that the individual was in control of the vehicle rather than simply being in their vehicle. This could be used as a defense if you were not driving or intending to drive prior to the police arriving.
5. Breath Test Inaccuracies: Medical conditions and a person’s diet can accurately elevate or result in false positives on breathalyzer tests or other blood alcohol concentration (BAC) readings. These can sometimes mimic intoxication or impairment, even when the driver is not impaired. Breathalyzers can also be calibrated or administered improperly, leading to false results.
6. Involuntary Intoxication: If a driver’s drink was spiked, or they otherwise unknowingly ingested an intoxicated substance, this could be an effective defense.
7. Lack of Established Time of Driving: If the arrest happened after an individual was driving, and the officer or prosecution cannot establish the actual time of driving, then BAC readings may not be relevant.

Police misconduct can affect a DUI arrest and its defense in many ways, such as a denial of an independent blood test or the failure to read the driver’s rights. An attorney can review these and other defenses to see how they can apply to your situation.

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